Going through a divorce doesn’t always mean standing before a judge in a courtroom battle. In Utah, couples have several options to dissolve their marriage without the stress and expense of litigation. Mediation, collaborative divorce, and uncontested divorce processes can help spouses reach agreements outside of court while still ensuring a legally valid divorce.
If you’re considering divorce but want to avoid court, here’s what you need to know about your options.
Uncontested Divorce: The Simplest Path
An uncontested divorce is the fastest and least expensive way to get divorced in Utah. This occurs when both spouses agree on all major issues, including:
- Division of assets and debts
- Child custody and parenting time
- Child support and alimony
Steps to File for an Uncontested Divorce in Utah:
- Meet the Residency Requirement – One spouse must have lived in Utah, in the same county, for at least three months immediately before filing.
- File the Divorce Petition – The petitioner (spouse initiating the divorce) files a Petition for Divorce with the district court in their county.
- Serve the Other Spouse – The petition must be legally delivered to the other spouse unless they waive service.
- Submit a Settlement Agreement – If both spouses agree on all terms, they can submit a Stipulation of Divorce outlining their settlement.
- Wait the Mandatory 30 Days – Unless waived, Utah requires a 30-day waiting period before the court finalizes a divorce.
- Judge Reviews and Signs the Decree – If everything is in order, the judge signs the final Divorce Decree without requiring a hearing.
Best for: Couples who can fully agree on all aspects of their divorce and want a simple, court-free process.
Mediation: Resolving Disputes Without a Trial
Mediation is a required step in all Utah divorce cases, but it can also be used voluntarily prior to litigation. In mediation, both spouses work with a neutral mediator to negotiate agreements on contested issues.
How Mediation Works in Utah:
- A certified mediator helps facilitate discussions on property division, custody, and support.
- Mediation is confidential and designed to encourage compromise.
- If successful, the couple submits a signed mediation agreement to the court.
- Once approved, the divorce can be finalized without a trial.
Best for: Couples who need help reaching agreements but want to avoid a courtroom battle.
Collaborative Divorce: A Team-Based Approach
A collaborative divorce is a structured process where both spouses hire attorneys trained in collaborative law. Instead of fighting in court, they commit to resolving issues through negotiations.
What Makes Collaborative Divorce Different?
- Each spouse has an attorney who focuses on settlement rather than litigation.
- Experts like financial planners or child specialists may be involved.
- If negotiations break down, both attorneys must withdraw, and the couple must hire new attorneys for litigation.
Best for: Couples who want a cooperative, lawyer-guided divorce process without going to trial.
Divorce by Default: When the Other Spouse Doesn’t Respond
If one spouse files for divorce and the other fails to respond within 21 days (if served in Utah) or 30 days (if served outside Utah), the court may grant a default divorce without requiring a hearing.
How Default Divorce Works:
- The petitioner files the divorce petition and serves their spouse.
- If the respondent doesn’t answer within the deadline, the petitioner can request a default judgment.
- The court reviews the request and may finalize the divorce without any further input from the absent spouse.
Best for: Cases where one spouse is uncooperative or missing, and the filing spouse follows all legal steps.
Arbitration: A Private Court Alternative
Arbitration is a lesser-known option where a private arbitrator (often a retired judge or attorney) makes binding decisions on divorce matters. Unlike mediation, where spouses negotiate their own agreement, an arbitrator has the authority to decide the case.
Best for: Couples who want a legally binding decision but prefer privacy and efficiency over a public court trial.
Which Option is Right for You?
While avoiding court can save time and money, the best approach depends on your situation. Consider:
- Uncontested Divorce – If you agree on everything and want a fast, simple process.
- Mediation – If you need help resolving disputes but want to stay out of court
- Collaborative Divorce – If you prefer a team-based approach with legal guidance.
- Default Divorce – If your spouse refuses to participate.
- Arbitration – If you want a legally binding decision without a formal trial.
Talk to a Utah Divorce Attorney Today
Every divorce is unique, and the right path depends on your specific circumstances. If you’re considering a divorce but want to avoid the courtroom, our experienced Utah family law attorneys can help guide you through the best alternative for your needs.
Contact Christensen Law today for a consultation with one of our experienced divorce attorneys.