Collaborative Divorce in Utah

Those who live in Utah, like everywhere else, don't want to go through the heartache and emotional distress brought on by a divorce. Nevertheless, Utahans can find themselves facing divorce for one reason or another, when the consequences of remaining married are somehow more deplorable than going through the upheaval of divorcing.

Approaching Divorce

Unfortunately those in Utah facing a divorce must deal with the emotions that drive the divorce and lead to high conflict situations where each party is represented by an aggressive attorney who supports them in their attempt to get everything possible from the other party. In some rarer cases, emotion plays a much reduced role as both parties are able to agree on how to divide their property and how to handle the custody of the children. In these cases only the paperwork necessary to finalize the divorce is the only legal assistance they require. In many cases, however, there is a middle ground where married couples find themselves. In this instance they require the help of a mediator of some sort to help them reach an agreement that is acceptable to both sides.

Collaboration in Utah

Collaboration in Utah, like other states, is not a process exclusive to those who already agree how to proceed with a divorce. Those who don't agree on the particulars of how to divide property, or the best form of child custody, can still benefit by attempting a collaborative divorce. By this process both spouses seek an acceptable agreement by negotiating through "collaborative" attorneys. Each spouse hires a collaborative attorney who is trained in this process and who consults, advises and helps bring the negotiating process to an acceptable conclusion. Each spouse meets individually with his/her own attorney and also as a group of four to work out the details and specifics of the settlement. Additional professionals may also be called upon for input, such as child custody specialists and accountants.

If this process doesn't result in an agreement that leads to an acceptable settlement, then each party's attorney withdraws and the case must then go to court. In this case the proceedings become adversarial. Each seeks new legal representation and the approach is to simply get what one can get through the legal process. The collaborative process has completely fallen apart.

Should an acceptable agreement be reached, the parties will have to appear before a Utah family court judge who will review the agreement and sign it. Under these circumstances the time and money spent in court will be brief and to a minimum. With all the details and issues of the divorce already agreed upon, the legal end proceeds as an uncontested procedure which doesn't require adversarial hearings and litigious interrogatories and disclosures further complicating the divorce.

The process of a collaborative divorce in Utah is similar to the process followed anywhere else. You can contact a professional in the state of Utah who can direct you to competent representation.

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