What is Contested Divorce Utah?
Contested divorce Utah is a divorce where some aspect of the divorce is disputed by one of the spouses. Often these disputes are over the division of property, debt, or other marital assets; however, the dispute can be over the divorce itself. Contested divorce is much more complicated than uncontested divorce because an entire trial is needed in order for the court to resolve disputes. Contested divorce comes with other consequences such as a much longer divorce period, higher legal fees and court fees, and increased stress. Whenever possible, it is recommended that spouses try to resolve conflicts out of court through an Uncontested Divorce. In any event the attorneys at Wall & Wall provide high quality legal representation so their clients’ best interests are protected.
Contested Divorce Utah Instructions
Much of the same basic information provided for uncontested divorce applies to divorce cases that are “contested”. That is, a divorce petition is filed by one spouse and served upon the other spouse by a constable or the Sheriff’s office. Along with that petition is a document called a Summons. The Summons gives directions to the person being served about what they need to do if they do not agree with what is in the petition served upon him or her. If that person does not agree they must file a written “Answer” to the petition with the court clerk and send a copy to the attorney for the person filing the petition.
Between the time the divorce action is commenced and the time it is completed the court has the authority to make and enforce Temporary Orders regarding such matters as child support, child custody, alimony, possession of the house, visitation, payment of bills, possession of personal property, etc. These orders are temporary because such matters will be reviewed again at the time of the divorce hearing or trial. Final orders regarding these matters will be entered as part of the divorce decree.
If you want to seek custody of your child or children, the time of the divorce action is the time to seek custody, as opposed to seeking custody later after the divorce is completed. The fundamental basis for determining custody is what is in the “best interest of the child”. This can involve numerous elements, and quite often it is necessary to obtain a “Custody Evaluation”.
This is almost always required by the court in custody cases. These evaluations are generally performed by psychologists, usually with a Ph.D. degree in psychology. The prices can vary depending upon the evaluator, the number of children involved, the amount of time to be spent, etc.. The cost can range from around $1,800.00 up to $5,000.00, with the average running between $3,000.00 to $3,500.00. Obviously, they are expensive, but they are an essential part of a custody case.
Our contested divorce Utah is handled on an hourly basis. A retainer, or down payment on the attorney’s fee is generally required. Contested divorces can be costly, so please be aware of this at the outset. While we do everything we reasonably can to avoid adding to your costs, there are many things your attorney must do to properly represent you, many of which things you are not aware of as they take place. You will receive a regular, periodic bill setting forth the status of your account. Should you not receive one please ask for one from your attorney.
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Contested Divorce FAQ
A contested divorce takes place when the two spouses are unable to come to an agreement on one or more issues surrounding their divorce. This might include child custody, division of property, division of assets, or more. If the spouses agree on everything and do not need the court to divide assets or make determinations about spousal or child support or custody, then it is an uncontested divorce. An uncontested divorce generally proceeds more quickly through the system, is less complicated, and there is less of a financial burden.
Everyone has a different reason for contesting a divorce; however, this contest frequently takes place when one of the spouses has an issue with the terms that the other spouse is offering. If someone feels like they aren’t being treated fairly, or isn’t happy with the division, they may decide to contest the divorce.
The process of a contested divorce is complicated because there are a lot of steps involved in the procedure. This includes filing a divorce petition, responding to the petition, the hiring of attorneys, and more. This can drag out the process significantly.
The court often gets involved because some of these divorce cases will actually go to trial. There will be legal motions filed, hearings might be held, depositions and subpoenas may also take place. All of this happens at the behest of the court.
An attorney is essential because this is a legal professional with experience in all of these areas. People need a professional who knows how to file motions, understands the process involved, has friends in the court system, and understands what information is essential.
Once the paperwork has been filed and attorneys have been hired, the next step is to gather information. This includes talking to third parties, filing motions, and trying to build a strong case.
Once all of the information has been collected, the next step is to conduct a negotiation and agree on a settlement. There is no set time; however, this process can take months.
Trust the Professionals at Wall & Wall Attorneys in Salt Lake City, UT
Everyone deserves to have access to someone who will help them through their divorce proceedings with care and compassion. That is where the team at Wall & Wall Attorneys from Salt Lake City, UT can be of assistance. We offer free consultations, speak both English and Spanish, and even provide military discounts. Our office has a tremendous amount of experience with the contested divorce process and will be with you every step of the way. Our job is to advocate for you and your interests. To learn more about our services, please call us today.