Divorce Options

It’s important to understand the various legal options when getting divorced. Whether it is through mediation, Pro-Se (without an attorney), traditional (both sides have an attorney), or collaborative, we can be a valuable resource in any approach you choose. Contact Us First!

Legal Separation – Separated by law, but not yet divorced.

Best used for:

  • Couples not wanting to finalize divorce
  • Not wanting to divorce for religious or other reasons
  • Can have child support, household upkeep, and property settlement
  • Couples needing to maintain health insurance coverage and/or tax filing status

Advantages:

  • Gives children and spouse time to adjust
  • Gives couple time to settle property
  • May retain health insurance

Disadvantages:

  • May prolong the process
  • May be more expensive
  • “New Life” may not be possible

Pro-Se – Divorces filed without the assistance of an attorney, sometimes by purchase of divorce kits. Spouses can complete them, and pay the filing fee.

Best used for:

  • Couples with few disputes
  • Couples with few assets and those assets are easily divisible
  • Childless couples

Advantages:

  • Inexpensive
  • Fairly quick

Disadvantages:

  • May make legal mistakes with divorce kits
  • May make financial errors calculating maintenance or division of property and debt collection
  • Don’t have legal representation or financial planner looking out for your best interests

Mediation – Couple uses a mediator to help voluntarily settle disputes over issues. Mediator may help draw up paperwork. Mediator may or may not be an attorney.

Best used for:

  • Couples who have issues to settle, but nothing that has to go to court

Advantages:

  • Can be less expensive than traditional methods
  • Neutral third party experienced in mediation
  • Les adversarial

Disadvantages:

  • No one “completely” on your side
  • Not suitable if your spouse become adversarial or hostile
  • May need to resort to traditional divorce
  • Either party (or both) may decide to retain an attorney
  • Even if mediator is an attorney, each may need review of paperwork by separate attorney

Single Attorney For Couple – Couple retains a single attorney to file for divorce for both. All paperwork completed and filed by attorney.

Best used for:

  • Reasonable and amicable divorces

Advantages:

  • Less expensive than two attorneys
  • Less adversarial
  • Can be fairly quick process

Disadvantages:

  • Not appropriate if spouse becomes difficult

Traditional – Each side has an attorney and the seperation may or may not be adversarial. Includes requests for information, required status conference, and negotiating.

Best used for:

  • Situation where spouse is non-cooperative.

Advantages:

  • Someone completely on your side
  • Expert confidential legal advice
  • Most comfortable and conservative approach

Disadvantages:

  • Can be adversarial
  • Can be expensive
  • Is not always a cooperative experience
  • May become a longer process

Collaborative – A fairly new approach to divorce where each side has an attorney and access to specialists (therapists, divorce planners, etc). All professionals have been trained in collaborative process. Each party agrees to the collaborative process and work together to resolve issues. If this fails, the attorneys drop out and the spouses retain other counsel and may go the traditional divorce method or other method.

Best used for:

  • Couples with significant assets and disputes but who are willing to go through mediation type process divorce

Advantages:

  • Less expensive than a traditional contested divorce
  • May be more productive
  • Each party has a person looking out for their best interests

Address

1523 East Skyline Drive, Suite C South Ogden, Utah, 84405

}

Office Hours

M - Th: 8:00am - 4:00pm, F: 8:00am - 3:30pm

Visit Us

Utah Divorce Planning

Email Us A Question

lectus diam in efficitur. consequat. felis dictum felis

Pin It on Pinterest

Share This