Divorce is often contentious and high-tension, but it doesn’t have to be. With a collaborative divorce, both parties agree to negotiate for a shared solution rather than a contested court proceeding regarding property and childcare issues.
If you are looking to pursue a collaborative divorce, speak to Brown Family Law. A collaborative divorce lawyer in American Fork from our firm can help you work through the legal specifics and details of your divorce in a way that respects your family’s privacy and dignity.
Our attorneys have 150 years of experience with an exclusive focus on family law. Contact our offices online or call today to speak to an American Fork divorce lawyer.
Why You May Need a Collaborative Divorce Lawyer
Even when it’s amicable and mutual, divorce can be a complicated process. An American Fork family lawyer from Brown Family Law can represent your interests and ensure that proceedings are fair and legally sound.
We can help you draft divorce agreements for matters regarding asset division, child support, alimony, and more. We can also represent you during any divorce hearings or court-ordered mediation processes.
Without a lawyer, you may be at a disadvantage, and things may not work out in your favor. Let our professionals work with you to secure the outcome you and your family deserve. Call us today to learn more about how we can help.
Get Clear Guidance for Your Divorce
How Collaborative Divorce Works
Under Utah’s Uniform Collaborative Law Act (Utah Code 78B-19-105), parties in a legal dispute can agree to resolve things through a collaborative process rather than formal litigation. This law extends to family matters such as divorce. Under collaborative divorce, both parties agree to negotiate a divorce agreement rather than taking the battle to court.
The law lays out a few requirements for this to happen: Both parties must first voluntarily sign a collaborative law participation agreement signaling their willingness to negotiate. The ultimate decision must be signed by a judge, but either party can terminate the process if they wish.
Like other divorce proceedings, a collaborative divorce involves a discovery period where both sides disclose their assets and finances. If a collaborative solution cannot be reached, either party may terminate the collaborative process and pursue resolution through traditional litigation.
A Calmer, Clearer Way Through Divorce
Pros of Collaborative Divorce
Collaborative divorce is often the right decision for couples who mutually decide to terminate their marriage. Below are some of the main benefits of choosing collaborative divorce:
Less Conflict
The main benefit of collaborative divorce is that it reduces conflict and hostility. Divorce can be an extremely contentious process and can result in lengthy, drawn-out, and emotionally taxing court proceedings. Collaborative divorce lets both parties focus on solving their problems rather than litigating blame.
More Control Over Outcome
In a traditional divorce, a judge may end up deciding on final matters, and they may not decide in a way that benefits you. Instead of leaving things up to a court decision, collaborative divorce theoretically gives you more control over what happens and how the agreement is structured.
Privacy
If a divorce makes it to court, the proceedings are part of the public record, where anyone can look them up. Collaborative divorce keeps more of the proceedings private, which can be important for protecting you and your family.
Faster Resolution
Collaborative divorce proceedings typically go much faster than a typical divorce. You don’t have to wait for court scheduling and can avoid the back and forth of court hearings that are common in contested divorces.
How Long Does It Take to Get a Collaborative Divorce?
One major difference between collaborative and traditional divorce is the timelines. Assuming a smooth negotiation, collaborative divorce can be resolved in as little as a few months. In contrast, a contested divorce can take years to fully litigate. Below are some important facts regarding collaborative divorce timelines in Utah:
- No matter what kind of divorce you’re seeking, Utah has a 30-day waiting period before it can be finalized, with a few limited exceptions.
- In divorces involving minor children, one or both spouses may be required to attend a divorce education course regarding parental rights and responsibilities.
- Your lawyer can draft a divorce agreement before signing up for a collaborative process to save even more time.
- Errors in filing and disclosure of documents can extend timelines and require additional processes.
You can discuss your case with an American Fork collaborative divorce lawyer to get a more accurate estimate of your specific timeline.
Contact an American Fork Collaborative Divorce Lawyer
Divorce is often a difficult and fraught process, but it doesn’t have to be. Through a collaborative divorce, you can pursue a mutual resolution that avoids the stress and expense associated with contested litigation. Brown Family Law can be your legal advocate and help you pursue a smarter way to do divorce.
Contact our offices online or call today to schedule a case consultation with an American Fork collaborative divorce lawyer.
