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 1013 reviews
Worked with Nick and Carren they did an awesome job with a difficult situation. The whole Brown law team was excellent to work with. I would highly recommend them to anyone that needs thier services. Thank you Nick and Carren also the rest of the team. On a side note everyone i delt with was very friendly! Thank you again!
Clay is the best
Clay was fantastic. I really appreciated his professionalism and knowledge. I would absolutely recommend him to anyone needing his services.
Helped me with everything, supported me in all my decisions! Communication is top notch! Never worked with a lawyer who was so easy to get a hold of! They are the best!
Daniel is a wizard. He’s incredibly knowledgeable and has a real gift for walking you through stressful situations with clarity and calm. He makes the process feel easy when it could otherwise be overwhelming. Highly recommend working with him!
⭐️⭐️⭐️⭐️⭐️

Navigating a divorce is never easy, and I am so grateful to have had the support of attorney Nathaniel Garrabrandt and paralegal Carren Leavitt. From start to finish, they were responsive, professional, and compassionate. I really appreciated the weekly check-in Every phone call and email was answered promptly. There were moments when I needed immediate help with custody issues and protection—Nathaniel handled those situations with calm expertise and gave me the reassurance I needed during such a stressful and uncertain time.

Divorce can feel overwhelming, but having strong legal guidance made all the difference. Nathaniel and Carren provided not only the legal knowledge but also the steady support that helped me feel protected and confident moving forward. I couldn’t recommend Briwn Family Law more highly to anyone needing a reliable and caring legal team!
David Handy and his team were fantastic in helping me navigate custody time with my daughter. He gave the me reassurance and encouragement I needed with each step and I couldn't be more grateful to him! Thanks David! And to his team Candace & Brooklyn for being very helpful in keeping constant communication open. I enjoyed working with everyone!
I had a great experience. Amazing guidance and direction to best help me and my situation.
This has honestly been a first-class experience! I've gotten to work with many attorneys throughout my life and none have been as attentive as, Clay Randle has been.
Daniel and Carren were great to work with. They took time to help me understand the process and get through a difficult time. When I had questions they were quick to respond and really listened to my concerns.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories

Related Posts