Marco Brown

Utah Divorce Attorney
Marco Brown

Need A Good Divorce Attorney in Utah?
We Provide Affordable, Compassionate, Family Law Services in Utah.
Call Us For A Legal Consultation: 801-685-9999
Marco Brown

Utah Divorce Attorney
Marco Brown

Need A Good Divorce Attorney in Utah?
We Provide Affordable, Compassionate, Family Law Services in Utah.
Call Us For A Legal Consultation: 801-685-9999

Frequently Asked Questions About Getting A Divorce In Utah

The mediation process is actually quite simple, especially when contrasted with the litigation process. Initially, people with disputes agree to mediate, find a mediator, and schedule a mediation. Mediation usually takes place within only a few weeks of initial contact with the mediator. The mediator will usually ask for short typed summaries of the dispute and what exactly each party wants to accomplish during mediation. (If litigation has already begun, the mediator will likely ask for court documents that explain the dispute.) During mediation, each party will tell the mediator about the dispute from their point of view. The mediator will then ask the parties to identify the issues in dispute that need to be resolved. From this point, the mediator will help the parties openly negotiate until each of the issues in dispute is resolved in a way that (1) is acceptable to the parties, and (2) is mutually beneficial.

Once a mediated agreement has been reached, the mediator writes the agreement, and the parties review and sign it. When signed, the agreement becomes a contract and is enforceable in court. (If the mediated agreement is in the context of a parties seeking a divorce, the agreement can serve as the basis for a Decree of Divorce.)

This is often people’s first question, so let’s address it first. While the cost of mediation depends on the complexity of the dispute, the willingness of the parties to negotiate, etc., what is without doubt is mediation is less costly and less stressful than litigation. The hourly cost of mediators themselves varies widely, depending on the mediator’s experience, skill, and education. If lawyers represent the parties during the mediation process, costs will be higher. Again though, mediation is much less costly than litigation.

Many mediations last between three to four hours. If the dispute is more complicated, then more time may be necessary. If more time is necessary, then mediation can be broken up into multiple sessions on different days, depending on the parties’ wishes and schedules.

Yes, in Utah what happens in mediation stays in mediation. Neither party can use what is said during mediation in a subsequent court proceeding. Likewise, the mediator cannot divulge what was said during mediation.

If, on the off chance, mediation does not result in an agreement, the parties may begin or continue the litigation process. Additionally, it is often the case that even if mediation is not successful on the first attempt, parties may return to it when they realize how costly, time-consuming, and stressful the litigation process is.

Honestly, there are not many situations too complicated for mediation. The parties understand the dispute, and when they have educated the mediator regarding their points of view, the mediator will be able to help them negotiate a mutually beneficial agreement.

Simply put, No. Oftentimes, couples seeking a divorce will go to a mediator instead of lawyers to negotiate the terms of their divorce. When conducted by a quality mediator, these lawyerless mediations reduce stress and produce good results at a price far less than divorces in which each party hires an attorney.

Yes. People may want a lawyer present to help ensure a fair mediated agreement is reached. In fact, in many cases it is preferable to have a lawyer present during mediation to help the parties evaluate offers being made and discuss options and risk.

Note: It is almost always a good idea to have an attorney review a mediated agreement before signing it.

This is only a minor inconvenience. Mediation is often done via conference calls. The success of the mediation is not dependent on being in the same room, but is dependent on the skill of the mediator and the willingness of the parties to negotiate.

This is a common question, especially in divorce and child custody situations. The answer is, “No.” If you do not get along well with the other person, then mediation can be done by what is called “caucus” where the parties are in separate rooms and the mediator shuttles between the parties.

Yes. Each party should have their own attorney to ensure their rights and specific concerns are properly addressed in the document.

Most prenuptial agreements address how property, assets and debts will be divided in the event of divorce. Some may also include stipulations for spousal support, inheritance or what will happen to your business. Prenups cannot address child custody, visitation or child support issues.

Prenuptial agreements will protect your assets and property. They can also protect you from assuming your spouse’s debt.

A prenuptial agreement is a legal document between two people who will be married. The document needs to be drafted and signed before marriage. A prenup is designed to protect both parties in the event of divorce.

The length of the divorce process can vary depending on the individual issues surrounding the divorce. In most cases, it will take a minimum of three months from the time the petitioner files for divorce before a judge signs the divorce decree, making it final due to Utah’s 90-day waiting period. Divorces that are contested, or that have several complex issues to be resolved, will often take additional time.

Divorces in Utah can be no-fault divorces or fault divorces. The grounds for divorce determine which type it will be. In most cases, couples seek a no-fault divorce because the process is simpler, faster, and less expensive.

Two of the grounds that may be listed on the petition are no-fault grounds, which include irreconcilable differences and living apart for three consecutive years without cohabitation under a decree of separate maintenance by any state.

For a fault divorce, certain grounds must be proven to file a fault divorce. The grounds can include:

  • Impotency at the time of marriage
  • Committing adultery
  • Willful desertion by the respondent for at least a year
  • Willful neglect by the respondent to provide petitioner common necessaries of life
  • Habitual drunkenness of respondent
  • A felony conviction
  • Cruel treatment resulting in bodily injury or mental distress
  • Incurable insanity

Special requirements apply to Utah divorces if there are unsettled or contested issues in the divorce or if the couple has minor children. Contested issues require that the couple go through the mediation process to try and work out as many of their issues as possible without asking a judge to make the decision. When the couple has minor children, they are required to take divorce education classes before a divorce can be issued.

The law states that at least one of the people getting the divorce needs to have lived in a single county within the state for three consecutive months before filing a divorce petition. If there is a custody issue with minor children, in most cases the children need to have resided with at least one of the parents for six months before the divorce petition is filed.

More Divorce Related FAQs

Utah Divorce FAQs
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I greatly appreciate the service I received from Brown Family Law. They have an amazing, knowledgeable, and friendly staff who were able to... take care of all issues and questions in a timely manner. I felt much more at ease about the situation with their guidance and the way that they make sure to always stay in touch and keep you up to date. Thank you to Amy Pomeroy and everyone else on my team for your help.read more
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Leilani was easy to work with and overall, very responsive. The process was pretty seamless and quick. My now ex paid 1/3 of what I did,... which was annoying truthfully but, at the same time I can see the quality in the work that Leilani and Brown Family provided comparatively.read more
I met with Daniel Young for a consultation on a pretty tricky legal situation and he was incredible at being very concise and even picking... out a possible discrepancy in the case - was very thankful to have met with him and his services are well worth it for any family law matters.read more
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Brown Family Law is an amazing practice to work with. Clay Randle took my case and went well above and beyond all of my expectations. Clay... was extremely caring and understanding of my circumstances. He kept my best interests in mind throughout the entire process. I was kept well informed of every step of the legal roadmap.Put yourself at ease and hire Brown Family Law.read more
I really enjoyed the experience with Brown Family Law. I was assigned attorney Clay Randle. Divorces suck but Clay was always there along... the way. He always contacted me, once a week, and every time I had a question, he was always available. He fought for me, reassured me that things will be ok and guided me throughout the entire process. I strongly recommend this law firm and attorney Clay Randle to people that are going through a divorce. It's a bit pricey but you get what you pay for and when it comes to divorces, you need the very best in your corner. I'm glad I hired him. I got what I wanted which was 50/50 custody of my child and my full retirement. We have developed a relation that will last a lifetime. I have a lot of respect, admiration and obviously appreciation for what he has done for me. I owe him greatly for helping me put my life back together and giving me a fresh start with my new and better life. Don't hesitate to call him.read more
Anders C
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Brown Family Law is probably the best divorce firm in the state of Utah. They care about their clients and provide the BEST quality... representation. I have no problem recommending them to anyone.read more
Derek Bowen
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Danielle Wallace was extremely professional in the handling of my case. She did an excellent job of making sure the best interests of my me... and my children were protected and that I received a fair and reasonable agreement.read more
Troy
Troy
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I'm very happy with how Clay Randle handled my case. He was knowledgeable, proactive, and always responsive, which resulted in a quick,... favorable resolution of my divorce. Highly recommended.read more
I previously worked at Brown Family Law and can’t say enough good things about the people there. I can confidently say that everyone truly... cares about their clients and the results of their cases. It can be scary finding or trusting an attorney, but they are here to walk you through the process and answer all the questions you have. There isn’t a single attorney or paralegal that I wouldn’t trust if it ever came to my own legal issues. Collectively their experience makes for an amazing team that will do their absolute best to get you the best results on your case. The executive team is also amazing at making sure we walk clients through our process and communicating clients’ needs to their attorneys. Lei, Sierra, and Sophie help make this a smooth process to take the stress out of an already stressful situation. They work very hard to ensure that everyone on their team is acclimated to the system and on the same page so that we can best serve our clients. 10/10 recommend Brown Family Law!read more
Erin Monsy
Erin Monsy
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Andrew Christensen was incredibly helpful! Really helped my buddy in a difficult situation. Highly recommend.
Annette Jacobs
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I knew I needed to divorce my husband, but had no idea how to do it. Paul and the team at Brown Family Law handled everything and gave me... clear instructions on what I needed to do. Throughout this stressful process, I had peaceful feelings because I had Paul helping me.read more
Scott B
Scott B
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I have a law degree and heavily researched which firm to use, then got a second opinion from a local practicing attorney, all of which led... me to Brown Family Law. Clay was great on the intake consultation and Nathaniel was excellent throughout -- clear communication, expert guidance, pragmatic advice, reasonable fees, and very supportive with various issues & questions, including during mediation. I highly recommend Brown Family Law to anyone dealing with a divorce.read more
Blair Warren
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Welcoming environment all around. Fought hard for what was in the best interest of my child. And that's the most important thing!
Heidi Roberts
Heidi Roberts
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Daniel is very knowledgeable and helped me through one of the hardest times in my life with a gentle approach and kept things very easy for... me to understand. Would give 10 stars if that was an option.read more
Nicole Nielsen
Nicole Nielsen
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Dani is personable, knowledgeable, and professional. Great to work with!
Lisa Hansen
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Clay was very kind and patient. He helped me and took time to explain things in detail. I would recommend him to everyone!
Mark Edwards
Mark Edwards
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I have referred many clients to this firm for their family law needs and they have all LOVED their results and how they were treated by the... lawyers here!read more
Troy DeLuca
Troy DeLuca
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I recently hired Jason Crawford to deal with a small matter post-divorce. The law firm in general and Jason have been very communicative... with me regarding their approach and their plan to resolve the issue I hired them to handle. I highly recommend Jason, his staff and the overall firm.read more
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