Can I Sue for Divorce?

You sue a person or an organization when you initiate legal action against the entity. When you file for divorce, it means that you have initiated legal action against your spouse. Therefore, when you file a divorce petition, it implies that you have sued your spouse.

“Filing for divorce” is a gentle phrase while “suing your spouse” sounds hostile and aggressive – but both mean the same thing.

When the divorce papers are served on your spouse, he/she may or may not sign them. If he/she signs the papers, the divorce is uncontested, but if he/she refuses to sign, it becomes a contested divorce.

Difference Between Suing for Uncontested Divorce vs. Contested Divorce

In an uncontested divorce, both spouses decide and agree on all matters related to the divorce, including:

Parenting plan
Spousal support (i.e., alimony)
Child support
Marital property division
Marital debt division

A divorce is contested when both spouses do not agree on one or more of their divorce issues. When the case is contested, it heads to the courts, which then make all the decisions for the spouses. Some states, for example, Utah, mandate that the spouses go through a mediation process before the trial stage. A contested divorce takes time to resolve and costs more than an uncontested divorce.

In general, 98% to 99% of divorce cases are resolved before the trial stage.

Uncontested Divorce, Step-by-Step

Spouses reach an agreement on all the above-specified divorce matters.

Their divorce lawyers prepare a divorce settlement agreement.

One spouse files the court forms and the required papers with the courts.
Papers are served to the other spouse.
The other spouse agrees to the terms.
Both spouses then file a stipulation (a stipulation is an agreement between the two spouses).
The courts review the documents.
If the divorce settlement agreement is fair, the judge signs the divorce decree (the divorce is completed).

Contested Divorce, Step-by-Step

Spouses do not agree on one or more divorce matters.
One spouse files for divorce by submitting a divorce petition to the courts.
Papers are served to the other spouse.
The other spouse files an answer and maybe also a counter-petition.
Both spouses exchange relevant information (disclosures, financial records, declarations).
Both spouses attend mediation, or file a motion to excuse mediation.
If the matter remains unresolved, then the spouses go through the discovery process, and possibly the custody evaluation process, and then, when the time is appropriate, one spouse files a certification of readiness for trial.
Then both spouses file their version of the proposed settlement and update their disclosures, financial records, documents required for child support, and declarations.
Both spouses attend a pre-trial conference.
The case goes to trial and the judge decides the outcome of the case.
The spouses file QDRO if retirement funds have to be distributed or apportioned.

The whole divorce process (contested or uncontested) moves according to the state laws and spouses need to factor in the cooling-off period, divorce education/orientation classes, the type of divorce they have filed for (no-fault or at-fault), the period that the court must wait before issuing the divorce decree, and more.

Finally, remember that you are suing for divorce when you file a divorce petition. It doesn’t matter whether the divorce is contested or uncontested, no-fault or at-fault. “Filing for” is putting it mildly, while “suing for divorce” is saying it in a hostile way to your face.

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bjenness79

I highly recommend Nathaniel Garrabrandt and Brown Family Law. If you are going through a divorce and your parental rights are being falsely challenged they are a great option. Nathaniel and Brown family law are professional, very knowledgeable, and know how to navigate within the broken and biased Utah family law court system. They were highly communicative throughout the process. They can potentially save you a lot of time and money if lawfare is being waged against you.

Barbara Thayer

Could not help with my case but referred me to someone who could .

Trisha Caldwell

Clay Randle was great and I would highly recommend him for an attorney.

Danny Caine

Russell was my Lawyer at Brown Family Law. He helped me through my multiple cases after my divorce. He was very responsive whenever I had questions about my cases or understanding how the law works. Russell was respectful of how he used my retainer and always gave me good sound advice even if it wasn’t what I wanted to hear. I highly recommend his services if you’re looking for a top notch Family lawyer! 5 out of 5 stars ⭐️⭐️⭐️⭐️⭐️

Joseph Hutto

I recently engaged Andrew to review my divorce decree that was finalized in another state. He gave me excellent advice. I did not feel pressured to proceed one way or another. Instead, he gave me very reasonable scenarios to consider and allowed me to proceed down the path that felt most comfortable to me.

Natalie Warner

Clay Randle with Brown Family Law was excellent! I love the way the procedures with this company are organized. The attorney calls every Friday to check in with you so there’s no phone tag. Questions are answered very timely every week. Clay was very prompt in responding to emails. He was also great to “read the room” or the situation rather. Throughout the divorce, where grace was extended and healthy negotiation prevailed, he appeared to navigate the process in a calm and skillful way. I could see how he definitely had the capacity to respond in a more contentious, emotionally charged way if needed. He encouraged healthy boundaries with the splitting of assets and he understood both sides of what could happen if asking for a specific thing in the divorce. During a painful situation, Clay was able to crack some (tasteful) jokes and tried to keep a heavy situation feel a little less heavy. Couples seeking a divorce would be wise to choose Brown Family Law. They will be in great hands.

Dusty Boyer

I wholeheartedly recommend Andrew Christensen to anyone facing a divorce or custody battle. His passion and thoroughness as a divorce and custody attorney are truly exceptional. You’d think his name was on the firm’s door with the way he handles business—pouring his heart and expertise into every detail, even though it’s not his firm! From our first meeting, Andrew went far beyond a typical consultation, taking the time to listen, understand my situation, and craft a strategy that led to a successful outcome in my custody case. His dedication, compassion, and meticulous approach make him stand out. If you need an attorney who will fight for you like it’s personal, Andrew is the one to call!

Natalie Lewis

I absolutely believe that Brown Family Law is the best divorce attorney law firm in Utah. Attorney Ray Hingson did a fantastic job for me in a complicated divorce. He was there to guide me through the entire process. Ray touched base with me every week AND every time I called with worries or concerns. He handled things confidently and professionally. He took time to meet with me and explain everything so I could understand it. I felt like he really cared and wanted to do his best for me. His paralegal, Carren Leavitt, was also extremely helpful. All I had to do was pick up the phone and call her and she arranged a time for Ray to call me right back. She was always prompt and caring. I couldn't be happier!