In the state of Utah, a divorce can be categorized as either contested or uncontested. A contested divorce is characterized by a lengthier process, increased conflict, and a greater need for legal assistance compared to an uncontested divorce.
Understanding Contested Divorce
In Utah, a contested divorce occurs when both spouses are unable to come to an agreement regarding the division of property and debt, child custody arrangements, child support matters, or spousal support. In such cases, the court is responsible for resolving any unresolved issues.
Factors Leading to Contested Divorces
Contested divorces can arise due to several factors, including:
Emotional Issues: When one or both spouses struggle with anger management or emotional control, or in cases where there is abuse or control involved, the divorce proceedings can quickly become contested.
Financial Issues: If the couple possesses significant assets or debts, or if one spouse is hiding their assets, it becomes more challenging to reach an agreement on the division of property and debt.
Custody Issues: Couples with children often find themselves in emotionally charged and disputed discussions when it comes to determining child custody.
Communication Issues: When couples face difficulties in effective communication, reaching a mutual agreement on any matter can prove to be a significant challenge.
Process of a Contested Divorce
The general steps involved in a contested divorce in Utah are as follows:
Filing a Petition: One spouse initiates the divorce process by filing a petition, which serves as the trigger for the proceedings. The petition must state the grounds for divorce, usually citing "irreconcilable differences."
Service of Petition: Upon filing the petition, a copy must be served to the other spouse. This copy is accompanied by a summons, which informs them about the divorce, the court handling the case, and the deadline by which they must respond.
Responding to the Petition: The recipient of the petition has 21 days to file a response or counter-petition, expressing their stance on the contested issues.
Discovery: Both parties exchange relevant documents and evidence to support their position on the contested matters.
Negotiations and Mediation: Prior to the trial, the involved parties may engage in negotiation or mediation, aiming to reach a settlement and resolve the issues outside of the court.
Trial: In the event that the parties are unable to reach an agreement, a judge presides over a trial and issues a final order, making decisions on the contested issues.
The Role of an Attorney
Due to the complexities involved, it is common for both parties in a contested divorce to retain the services of an attorney. An experienced lawyer can safeguard your legal rights and provide invaluable legal counsel throughout the entire process.
Conclusion
Contested divorces in Utah can be arduous, lengthy, and emotionally draining. However, in some situations, they are necessary to ensure a fair and just resolution of disputes between spouses. To navigate this process and ensure that your legal rights are upheld, it is advisable to consult with an experienced divorce lawyer. With their guidance, you can successfully navigate the complexities of a contested divorce and attain a favorable outcome.