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
Brown Family Law
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Robin Simmons
Robin Simmons
1708484724
Five stars every step of the way!!!
Abby Reyna
Abby Reyna
1708481795
I’ve had a great experience with this law firm! They are easy to work with and answer all my questions with confidence!
I met with Daniel, he's awesome. I had plenty of concerns and questions and he answered all of them with full knowledge, without... hesitation. I feel very good with my choice.read more
makena Aleman
makena Aleman
1707410832
Brown Family Law did an exceptional job handling my case. Daniel Young and Carren were always very professional. During times of stress... Daniel was always understanding of my situation, feelings and frustrations. He’s an excellent problem solver. I was always able to get in touch with him when I needed. If he happened to be busy at that moment Carren was always there to take my call/answer my questions and relay them to Daniel. I was always kept informed with what was happening and what the next steps would be. At times it would get confusing but Daniel and Carren were great at helping me understand and making sure I was comfortable with things moving forward. Both Daniel and Carren consistently checked in with me regarding my case every week and that let me know that I was being taken care of and not just another number. I will recommend Daniel and Carren to anyone who needs legal help. Trust them, they will get the job done!read more
Rose Johnson
Rose Johnson
1707336334
Amber is amazing, Melanie is a rockstar, and you couldn’t ask for a better support team. They’re worth every penny.
Ryan Astin
Ryan Astin
1707099016
Hello All. My case was a very difficult case. However, I had the best Firm, Brown Family Law, and the best lawyer, Ray Hingson. Ray... worked very hard and would contact me, regularly, with anything important. He respected and understood my views on any issue and, many times, we were on the same page. Ray is all about getting the job done quick and right. Ray consulted with other great lawyers, as they regularly do at this firm. He showed a lot of respect for my family and I; I appreciate that my case and situation was considered carefully.If I had to do it all over again, I wouldn't have chosen differently with Brown Law and I am so glad Ray took on my case. My case wasn't easy, but the best outcome, given the situation, came through. Thank you.read more
Beth Finlinson
Beth Finlinson
1706834334
Andrew Christensen, Clay Randle and their team were great to work with. They communicated with me throughout the process and looked out for... my interests. The office staff were also professional, caring and responsive. I highly recommend them for anyone else who finds themselves in need of family law services.read more
Celeste Topps
Celeste Topps
1706629498
Daniel Young was very helpful and informative during my consultation
Shannyn
Shannyn
1706154828
Ray is a phenomenal attorney! He cares, he listens and he fights for what’s right. I wouldn’t want anyone else on my case. I appreciate the... weekly updates from Carren and Ray and know I’m not forgotten or just another case.read more
Lara Coronel
Lara Coronel
1706154635
My experience with Dani was awesome. She is very responsive and easy to work with!
Roy Bishop
Roy Bishop
1706132589
I deal with a mental disability, so having someone like Sophia there to help me was a huge help.She answered all my questions and stayed... on the phone to help make sure I understood everything.She really helped make this stressful situation a little easierread more
Tyler Germer
Tyler Germer
1706055189
I have been RIDICULOUSLY IMPRESSED with the level of professionalism, attention to detail, and understanding of family law that Ray at... Brown Family Law has displayed during my case. He is honest, fair, and matter of fact. I feel like he truly cares about me as a person, not just as a client.And I can't say enough about his paralegal Carren. She is always consistent in keeping me in the loop with where my case is at, any documents I need to be aware of, and continually reaches out to see if I need anything. She is ALWAYS on it when it comes to submitting and filing needed paperwork and making sure everything looks as it's supposed to.I HIGHLY RECOMMEND this amazing team, should you find yourself in need of a family lawyer.read more
Grateful for an attorney friend who referred me to Brown Family Law. I had the pleasure of working with Daniel Young, attorney, and Carren... Leavitt, paralegal on the team. With the complex dynamics of family law, Daniel and Carren brought peace of mind, proactive communication, and accurate legal guidance. Daniel is understanding, empathetic and proactively advises his clients whilst collaborating well with other professionals in the family system.read more
Barbara OBrien
Barbara OBrien
1705448340
I work with a family mediator and oversee the scheduling process. When I am in need of information regarding the case or their client,... Brown Law attorneys and staff are always helpful and respond quickly to my requests for information. They are organized and know their cases well which makes working with them seamless.read more
They are completely the best people to help with your needs. Very grateful!
Kathy Elton
Kathy Elton
1705433077
I work as a family mediator in Utah and have the pleasure of working with the staff and attorneys at Brown Law on a regular basis. My... experience is that the attorneys are always prepared, have prepared their clients, and know the case details. Most recently I worked with Andrew Christensen and Clay Randall and as usual they were prepared, knew the details of the case and we were able to settle the case at mediation. Successful mediation requires a give and take by both parties; Andrew and Clay were able to assist their client in moving through the process and coming to an agreement they feel good about with terms they agree with instead of a court telling them what to do.read more
They really went above and beyond helping me with no hassle. I would like to give a special thanks to Sierra
Mark Tarabilda
Mark Tarabilda
1705347376
I would highly recommend working with Brown Family Law. Kent Cottam was a pleasure to work with and very professional. As a team they were... very responsive, addressed our concerns, and were able to help us come to an agreement on a complicated case.read more
We are so grateful to Kent Cottam and the team at Brown Family Law! Kent was very responsive, always addressed our concerns, and helped us... to come to an agreement in our custody battle. We always left his office feeling better about things than when we got there.read more
Brett Graham
Brett Graham
1705094581
Danielle Wallace, lelani, their paralegals and all of brown family law have been amazing. The bond and trust we grew together these last... couple of months have been amazing a little family it you will. If I could give them more stars I would! Thank you for all that you all have done to help me in my situations and being an amazing team!read more
Jed Worthington
Jed Worthington
1705092538
Clay was absolutely amazing! Divorce is devastating, and Clay helped me navigate it with dignity and grace. I was married for over 20 years... when my world came crashing down. Clay listened and truly cared. When issues would arise he already had a game plan and was prepared. He helped protect me, and my kids. Clay had my back communicated with me every week and sometimes even more than that. He is an expert and it showed as he dealt with the opposing counsel who had over 3 decades of experience. Clay ran circles around them. Because of Brown Family Law and especially Clay, I was able to focus on me and my kids while he protected my interests and helped me navigate the divorce.read more
Tikvah Strain
Tikvah Strain
1705091105
I recommend them all the way!! Really quick responding and getting stuff done!
Brown Family Law is the absolute best ! Andrew Christensen was our lawyer supervised by R. Clayton Randall they were amazing. We were... especially impressed with the knowledge, empathy, and professionalism provided to us by Mr. Christensen . He handled our complicated case with ease and grace. We are extremely grateful to him and the team at Brown Family Law they are truly worth every penny. I would hands down recommend them to anyone in need of a family law attorney!read more
Barbara Seui
Barbara Seui
1704828690
Daniel was honest and direct. He was able to guide me in my custody concerns. If you were looking for an honest attorney, this is a place... to go.read more
wolf man
wolf man
1703730264
Danielle Wallace is my favorite attorney at this establishment
Amber Mcfee at Brown Family Law was great to work with! She advocated, counseled thoroughly, was authentic and professional, responded... promptly to calls and emails, and supported me in every negotiation situation. I am very thankful Amber was my attorney through this entire ordeal. She doesn’t let anything intimidate her, she’s knowledgeable and ready to stand her ground when needed. She’s great at what she does! Thank you, Amber, for everything!read more
Forrest Hoggard
Forrest Hoggard
1703283429
Nobody wants to go through this experience but these people definitely look for your best interest. Anne Greyson is new but she is an... aggressive lawyer and knows how to push. They set you up with an expectation and will try their best to work with you. If you're going through this, hire a lawyer. Go with Anne Greyson.read more
Tanya Higgins
Tanya Higgins
1703199730
Nathaniel Garrabrandt was very helpful answering all of my questions. Very professional and personable.
Clay Randle is a great attorney who mixes business skills with a fair, compassionate nature. I recommend him highly as a person and as an... attorney.read more
patrick corbett
patrick corbett
1703030072
They did a great job. Professional and thorough.
Kent and Dani are amazing!
Jeff N
Jeff N
1702829036
Very helpful with my questions. Responded quickly. Would highly recommend
Thanks to Daniel , Carren, Koby and all the team at Brown Family Law helping me through my divorce. Appreciate all you help.
Min Dan
Min Dan
1702732575
Kent made a difficult experience less stressful. He heard me and watched out for my interests. He advocated for me.
Seungwon Ahn
Seungwon Ahn
1702686803
Danielle and Dani are a great team. She listens well and is very attentive.
Tyler Elwood
Tyler Elwood
1702620728
So grateful that I chose to go with Brown Family Law for my custody case. Nathaniel was amazing. He is knowledgeable, professional, prompt,... communicative, and overall just plain good at what he does. He even missed the annual Ruth’s Chris company Christmas party to represent me and help me through a LONG and tiring mediation session. The case was long and drawn out but Nathaniel, Carren, and the rest of the team at Brown Family Law helped me navigate this process better than I could have hoped for. After a long time of fighting to be in my kid’s lives I ended up with 50/50 custody and ultimately got everything that I hoped for. I highly recommend!read more
Doug B
Doug B
1702512999
Recently, had an unfortunate event that led me to seek the help of a family law attorney. I read reviews of Clay Randle from Brown Family... Law, and I am glad I did.Clay Randle, was very professional, has the experience, and the wisdom to guide someone who, like me, has never had to use an attorney before. He was just right in navigating all the waters to get to the facts of the case and put it to bed.All the while, providing me with confidence in our position, the desired outcome, and knowing how to present the facts so the case was dismissed. Recommend Clay Randle and the Brown Family Law staff very much.Staff member Melanie was super supportive, helpful with my needs and concerns right along with Clay.Highly recommend for your family law needs. 6 stars on a 5 star scale. :)read more
Amanda N
Amanda N
1702503860
Amber was fantastic and so so helpful! I also worked with Danielle and she was so helpful in explaining everything and making sure I was... taken care of.read more
Joseph Brandt
Joseph Brandt
1702499884
The entire experience I had with Brown Family Law was transparent and smooth in a time of chaos. I'd especially recommend Amy Pomeroy, who... did a fantastic job from start to finish. I appreciated the communication and felt like I could call any time if there was something I didn't understand.read more
Annette Jacobs
Annette Jacobs
1702497126
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
Deb Sawatis
Deb Sawatis
1702482764
Danielle Wallace was great in resolving my case. Communication and professionalism were top notch as well as making my feel comfortable. I... would highly recommend.read more
Sara Lynsky
Sara Lynsky
1702444610
Brown Family Law has been absolutely amazing. Their team goes above and beyond to provide the best support to their clients. They are... wonderful at communicating and quick to respond. They provide easy to understand legal counsel. I’m so grateful for all they’ve done to help myself and my child through my case. I cannot recommend them more. Brown family law treats their clients with compassion, understanding, and respect.read more
Kiyan Ghandian
Kiyan Ghandian
1702335078
If you are looking for legal representation, I highly recommend Brown Family Law. My personal experience with them has been positive... despite the difficulties that come with legal proceedings. The assigned attorney, Amy, and her paralegal, Melanie, were very helpful throughout my case. They maintained regular communication with me, providing updates and offering assistance whenever needed. Their communication was transparent and informative, which helped me stay well-informed about my case. Their dedication, knowledge, and willingness to go above and beyond were remarkable and extremely helpful during a stressful situation. I am grateful for all their hard work and highly recommend their services to anyone in need of legal representation.read more
Taylorman
Taylorman
1701973254
The calls from Clay every Friday, and the ability to answer all my questions, is what made me feel at ease during the whole process. If you... would like to invest in a professional legal representation, this is the place to consider.read more
Jay Hatch
Jay Hatch
1701902999
Clay at Brown Family Law was extremely knowledgeable, professional, kind and understanding with our situation. He made a very difficult... situation so much easier and worked hard to make sure that our rights were observed and met. I would recommend him and his law firm to anyone who wants it done right the first time.read more
R Watson
R Watson
1701884171
Absolutely wonderful!!! Sierra was knowledgeable and efficient and answered my questions about alimony which now I know what I need to do... to secure my financial situation. I thought it was going to take a long time to get the information and everything was answered in less than 15 minutes. I am so happy I called Brown Family Law and I will now go to them for any and all my legal matters in the future. Thank youread more
Paige McConnell
Paige McConnell
1701482290
Brown Family Law has been exceptional to work with. Kent was highly competent and experienced in the entire legal process. He has an... extensive knowledge of court systems and the personnel involved. His experience brought me a great peace of mind. I would definitely recommend him and Brown Family Law to others.read more
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