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.