Divorces tend to be expensive because spouses fight over every aspect of the split. Divorce will be much less expensive when spouses set aside their differences and agree to compromise. A judge will refuse to sign off on a divorce until all issues including property division, alimony, and child custody are resolved. A contested divorce, where spouses disagree, will take longer to resolve and demand more resources. Spouses who can’t agree about how their divorce should unfold will have to look to others for help. This help isn’t always cheap. Expert witnesses, such as therapists and forensic accountants, can be expensive. Using arbitration or mediation is another added expense. Negotiating the terms of the split privately before the divorce papers are filed is the number one way to cut down on costs. If you and your spouse can’t agree on anything else, maybe you can both agree you both want to spend as little as possible to split? It’s at least a good place to start. Hire a lawyer to consult and guide you through the case without having that lawyer represent you in court Many states allow paralegals to draft documents for people representing themselves in a divorce. It is important to know the laws that apply to paralegals drafting court documents in your state to ensure the paralegal you hire is authorized to help with your divorce. However, paralegals are prohibited from giving you legal advice in all states. Finance your divorceAlthough this may not be a wise approach for everyone, divorce finance companies provide financing for divorce and other legal matters. This approach, however, presents the danger of accumulating a significant amount of debt at a time when finances are already stretched to their limits. Incurring more debt through financing your divorce, therefore, should only be considered if you are assured of receiving a sufficient amount of assets in the divorce to repay that loan and still have enough money to move on with your life after the divorce. Ask for a reduced feeDo not be shy to ask a divorce attorney if he or she will work for free or at a discounted hourly rate. Although most attorneys expect to be paid their normal hourly rate, there are times when a case appears so compelling to a lawyer that he or she will agree to take the case pro bono or at a significantly reduced hourly rate. Consider Mediation Instead of LitigationMediation is preferable for many couples because it provides a way for parties to work out the financial and logistical aspects of their divorce without the stress and financial hardship of an adversarial approach. It keeps the decision making in their hands, instead of a judge. In fact, mediation is about 70% cheaper than litigation, on average. Further, some mediators offer a pay-as-you-go process to couples. With this opportunity, parties can pace out their process in a way that works for their budget and schedule. Pay-as-you-go sounds doable. Uncontested Divorce in UtahDivorce can be devastating; however, uncontested divorces are often less devastating to your finances and sanity than contested ones. Your divorce does not have to become a soap opera. Instead, Utah’s uncontested divorce process allows spouses to reach an agreement on their own and avoid the stress and anxiety associated with attending a trial before a judge. The uncontested process can be relatively quick, and certainly less expensive than taking a divorce to trial. Uncontested divorces are an option available to divorcing Utah couples with or without children. These types of divorces are generally less expensive and faster than traditional divorces because you avoid the expense of attorneys, custody evaluations and hiring experts for trial. If you and your spouse are able to agree on all issues regarding your divorce, including child custody, visitation and support, then an uncontested divorce is a real option. However, if you and your spouse cannot reach an agreement on any issue in your divorce, then your divorce becomes contested and you will be required to attend a trial where a judge will decide the remaining issues in your divorce case. The following is a list of some of the major issues that must be resolved between you and your spouse before filing an uncontested divorce action in Utah: If you meet all of the above criteria, you may proceed with your uncontested divorce by filing the required forms set forth below. If you plan to file for divorce without the help of an attorney, you will be responsible for filing the right documents with the right court. Utah’s district courts oversee divorce cases and trials. Utah has approximately 70 judges serving in the state’s eight judicial districts. Where you live will determine where you file for divorce because generally, you will file your divorce paperwork in the county in which you live. If you and your spouse have separated but still reside in Utah, either the county in which you lived, or where your spouse has lived for the last three months is proper to file your paperwork. Preparing Divorce FormsThe Utah Courts site offers online forms for completing an uncontested divorce available here and or in hard copy at your local courthouse. The following documents must be filed with your divorce paperwork: Completing Your DivorceUtah has a mandatory 90-day waiting period to complete a divorce. Under extraordinary circumstances, the 90-day waiting period may be waived. However, before a divorce will be granted to parents of minor children, both spouses must complete the Divorce Education Course. Utah does not require that you attend a court hearing before a judge will finalize your uncontested divorce. Instead, if all your paperwork is filed correctly and the judge finds that your agreement is reasonable and/or in the best interests of your children, then the judge will sign the Findings and Decree of Divorce. Note that the date the judge signs your Decree, is when your divorce becomes final. Getting a quick divorce can save you and your partner both emotional and financial anguish. However, when children are involved, it can be difficult since there will be the issues of child support and custody battles to work out. To succeed in dissolving the marriage quickly, these details must be solved in the fairest way for both parties. The cheapest way to get a divorce with a child involves both you and your spouse to remain cordial and be ready to compromise on several issues. Property division and child custody, which are the main battle fronts in most divorce proceedings. To get a cheap divorce, you can start the process online and minimize the number of professional services you contract. In order to get the cheapest divorce possible, you must make sure that both you and your spouse are willing to work together and your divorce is uncontested. Divorce fee waiverEach state has an indigent fee waiver that allows you to file for your divorce without paying the filing costs. When you go into your local court, ask the court’s clerk what forms you need in order to waive the fees. This option is only available and designed for those with limited finances while filing for divorce. Do-It-Yourself Divorce (DIY Divorce)You should never in a million years do it yourself. There are just too many pitfalls and problems you will run into. Just hire a professional divorce lawyer to help you. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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