Is There An Alternative To Divorce?

If you want to save your marriage and avoid divorce, the alternatives are:

Trial separation
Legal separation

If you don’t want to save your marriage, and want to separate without going through the regular divorce-related court procedures, the alternatives are:

Annulment
Mediation
Collaborative divorce

OPTION 1: Alternatives To Divorce If You Want To Save Your Marriage

1. Trial Separation

Some unhappy couples may want to give each other some breathing space and then reunite after a fixed period to check if the distance helped them think through and resolve their marital problems (emotional, financial, physical). Such couples mutually agree to separate physically (a partner moves to another home) without filing for divorce or without obtaining a legal order. When couples do not make such a separation legally binding, it is termed as trial separation.

In trial separation, the marriage does not break and the income earned, property purchased, and the debts incurred during the trial separation are regarded as marital property/debts. These are subject to distribution on divorce according to the laws of the state.

Typically, their family law attorneys draw up the trial separation agreement that spells out how alimony and child support will be paid, how parenting time will be shared, and more, depending on the circumstances of the case.

2. Legal Separation

Legal separation works just like trial separation – the only difference is that it is made legally binding by obtaining a court order. The order may specify how income earned, property purchased, and debts obtained during the legal separation will be treated if the couple decides to divorce after the legal separation. The income, assets, and liabilities accumulated during the legal separation may or may not be considered marital property.

That said, note that all states do not allow legal separation – so, check with your divorce lawyer before going about one.

Note that both trial and legal separation work for couples who are mature, believe in effective communication, and are friendly with each other.

OPTION 2: Alternatives To Divorce If You Don’t Want To Save Your Marriage

1. Annulment

Spouses typically file for annulment if their marriage was legally invalid – that is, they want to get the courts to pass an order that invalidates or cancels their marriage. Usually, either spouse can file for annulment because of any of the following reasons (note: state laws may differ):

They were cheated or forced into marriage
They were tricked into marriage by the other spouse
They were mentally incapacitated to make a decision to marry (examples: mentally unstable, addicted to drugs)
They were already married
They had engaged in incest
They had not reached the legal marriageable age

Post annulment, the legal status of the spouses is restored to “single.” Obtaining an annulment is as expensive as obtaining an at-fault divorce, and sometimes more expensive.

2. Mediation

Mediation is an ADR (Alternative Dispute Resolution) procedure, and it may be mandated by your state if your divorce is contested.

Mediation is a negotiation that is held in good faith and in an informal environment, in which both spouses are helped by a mediator (a neutral and objective legal professional) to discuss their marital situation, negotiate a settlement (child custody, property distribution, alimony, child support), and complete the divorce. The spouses are not under any obligation to hire an attorney.

The mediator does not pass judgment – he merely facilitates communication and helps negotiate a settlement while safeguarding the rights of both spouses. Mediation is a confidential and friendly process and costs much less than a divorce.

3. Collaborative Divorce

A collaborative divorce also takes place in an informal and casual setting, almost like mediation. The difference is that the spouses need to hire an attorney and work towards an out-of-court settlement. Expert witnesses such as financial, medical, and medical health professionals may be requisitioned in a collaborative divorce.

A collaborative divorce costs more than mediation but less than litigation.

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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 ⭐️⭐️⭐️⭐️⭐️

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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!