Do I Have to Mediate before I File a Petition to Modify my Divorce Decree?

To mediate, or not to mediate — that is the question.

(Sorry, I usually don’t indulge in bad Hamlet puns, but this morning the opportunity proved too tempting.)

If you had a contested divorce, it’s very likely you mediated. It’s essentially required in the whole of Utah, and specifically required in many Utah districts.

In any case, you’re finished with your divorce. You have your decree, and it says what it says.

But you want to change things. You want to modify your divorce decree, and you’re not sure where to start the process.

Mediation before Filing a Petition to Modify

One question many have when they think about modifying their divorce decree is whether they have to mediate before they can file anything.

The answer depends on the language of your divorce decree.

Many, if not most, Utah divorce decrees require mediation before filing a petition to modify.

Best thing to do is read through your decree and look for a mediation clause.

Be careful, though. Sometimes decrees will contain a mediation clause when there is a disagreement about legal custody issues (i.e., big decisions regarding your child). You may be required to discuss and resolve that issue in mediation.

Having a mediation requirement to address legal custody issues is totally different from a mediation requirement before you can file for modification. So, read carefully.

If your decree does not specifically require mediation before you file a petition to modify, you don’t need to mediate.

On the other hand, if your decree contains a mediation clause regarding modifications, you’ll have to mediate at some point.

I say “at some point” because our policy is to file a petition to modify and then mediate.

The reason we do this is because filing a petition to modify before mediation actually helps lay out all of the issues to be discussed at mediation. If someone goes in to mediation feeling blindsided, they’re going to be on the defensive and negotiations probably won’t be successful.

In Conclusion

So, recap. If your divorce decree does not specifically require mediation before filing a petition to modify, then you don’t have to mediate. If it’s specific about requiring mediation, then you do.

In either case, you’ll end up mediating, so be prepared to do it sooner or later.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
Based on 962 reviews
Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.
I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!
Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.
Nathaniel and Carren have been absolutely incredible to work with. They kept me informed and in the loop throughout each step of the process. They always answered every question I had in a very quick and timely manner. I could not recommend them more.
This 5-star review is for Nathaniel Garrabrandt at Brown Family Law. Nathaniel was just what we needed. He helped guide us with a level of professionalism, efficiency, and genuine care that made a real difference during a challenging time. He is always thoughtful and respectful, and he never makes you feel like just another case. His communication was clear (with regular check-ins), his advice was solid and uncomplicated, and I always felt that he had his client's best interest at heart as he made suggestions. I’m grateful to have had such a capable and compassionate attorney to work with. You hope you never need these kind of services, but when you do, you want the best... and someone with high integrity. Nathaniel truly deserves all 5 of these stars, in every way.
Russell Yauney was my attorney at Brown Family Law. Throughout the process, Russell and his paralegal Conor, were extremely helpful and patient. They were highly responsive, thorough, and most importantly: did not make me feel insignificant or embarrassed for asking clarifying questions. Russell made himself available and whenever he wasn't, Conor was. The Friday Phone Calls were reliable and I knew I could expect an update each week. The firm's texting abilities also made it easy to send a quick question/concern if I ever needed it. Russell was a fantastic attorney and guide to have throughout my situation. I highly recommend this firm.
This law firm went above and beyond for me and my case. I would highly recommend them to anyone needing a good lawyer for custody issues.
Response from the owner:Thank you, Denney. So glad we could help.
Carren is absolutely amazing! Made things easy and always was helpful explaining.
Shout out to Carlos! Very nice, and knows the value of good legal representation.
Jennifer and Dani did a wonderful job handling my case. The communication and accessibility were top notch.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories

Related Posts