Frequently Asked Questions

About Getting A Divorce
In Utah

Feeling overwhelmed by divorce questions? Brown Family Law has answers. Explore our comprehensive FAQs covering child custody, alimony, property division, and more. Gain clarity and navigate your next steps with confidence.

Brown Family Mediation 2

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.

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Excellent
4.9
Based on 801 reviews
Overall from start to finish the best experience to have dealing with a time that is difficult.Andrew Christensen is very professional and out going to make this situation the best it could be and worked hard to make sure the divorce was fair for me.Over all, this firm really cares and treats you as a family or friend and just not a client, down to Marco Brown taking time to see how I was doing and offer to help in any way possible during my divorce while I was there for my first initial meeting.I would highly recommend anyone that has to go through a divorce to really reach out to the Brown Family Law firm and see for your self the experience I was able to receive from a top notch law firm.
Response from the owner: Devin, thank you for the kind words. Andrew appreciated the opportunity to help you with your situation.
Sophie was very helpful and explains the process and fees. Thank you!
Response from the owner: Corey, thank you for the kind words. Glad we could help.
Dani always kept me updated and has great communication skills.
Response from the owner: Thank you, Sofia.
Dani was extremely helpful and always responsive.
Response from the owner: Glad Dani did well for you.
My experience with Brown Family Law is a positive one. I highly recommend them. This firm has very good communication with their clients. Attorney Paul Waldron represents me and I’m very happy with the experience. My questions and concerns are always answered quickly and respectfully. I’m grateful to have Mr. Waldron and Brown Family Law in my corner during this difficult time for my family.
Response from the owner: Jodie, glad we were able to communicate with you so effectively and quickly. Thank you for your kind words.
I recently used Clay in a divorce case and could not have been happier. He was efficient, knowledgeable, and made me feel like I was his only client. The process was easy and he was always there to reassure me or help me with decisions. I would highly recommend Brown Family Law.
Response from the owner: Thank you, Mendi.
Dani excelled as a paralegal, providing crucial support with exceptional skills!
Response from the owner: Glad Dani did such a good job for you.
Thank you So much
Response from the owner: You're welcome. Thank you for choosing us to help you.
I highly recommend Nathaniel and his team. They listened to me, navigated me, educated me, and always called when they said they would. Going through a divorce was very hard but they helped me get through it and showed compassion the whole time.
Response from the owner: Amy, thank you for your recommendation, and glad we could help you through your divorce.
They were helpful with clarifying some issues regarding my divorce decree while navigating the modification to another state
Response from the owner: Glad we could help.
I consulted with Nathaniel regarding a legal issue from Utah that had implications in another state. He was very quick to respond. I found him to be extremely knowledgeable and helpful regarding the issues. Would highly recommend him for anyone looking for a Utah based attorney.
Response from the owner: Thank you, Trey.
Anne-Greyson and Melanie were FANTASTIC to work with. They went above and beyond what I needed and kept in constant contact. I am incredibly grateful for their help and support in handling my case. Professional, kind, detail oriented - I cannot say enough good. Thank you so much!
Response from the owner: Jennifer, so glad Anne-Greyson and Melanie were able to help you.
The team at Brown Family Law is highly skilled and very supportive. The intake process was very personalized and validating and the welcoming receptionist was exceptionally friendly and helpful in setting up my account and processing my retainer and payments. Dani provided consistent and frequent communication and kept in touch with me from beginning to end. Paul is very wise in his decision-making and extremely personalized in navigating complex and sensitive post divorce needs and decree modifications to protect myself and my children.
Response from the owner: Jason, thank you so much for your kind review. Glad Paul was able to help you.
My lawyer Amy Pomeroy, paralegals Dani Blandon, Kody Harvey, Melanie Cramer, and their team were great to work with during a very difficult time. Their expertise and professionalism was very highly appreciated. Their communication was excellent and I was kept in the loop throughout the whole process. Highly recommended if you need legal representation during a divorce.
Response from the owner: David, thank you for your kind words. So glad we could help.
I had taken my boyfriend to brown law to handle what should have been an easy case for them. Everything took a turn and it became a very messy situation with the other parent. Andrew Christensen represented him and we were able to get everything settled amongst the parents (my boyfriend and his ex) to something they both were happy with, without having to go to trial or incurring any additional fees. Brown law is one of the best law firms I know of because of their lawyers (Andrew and Clay). They also sent us beautiful flowers to our house for the arrival of our new baby. I wouldn't recommend any other law firm to represent you in your hard times.
Response from the owner: Thank you, Alexis. Glad Andrew could help you.
Very helpful and informative, easy to talk with. They gave me more information than any law office ive called in the last month!
Response from the owner: Sam, thank you for your kind words. Glad we could help.
Dani is approachable and knows a lot. Anyone would be lucky to have her as their paralegal.
Response from the owner: Jessica, thank you for the kind words about Dani.
If you decide to hire Brown Family Law for your divorce, ask for Dani to be your paralegal. She is super helpful and is super fast at responding. 10/10
Response from the owner: Aubrey, so glad you had a good experience with Dani.
Would definitely reccomend Dani as your paralegal!!! She's amazing!!!!!!
Response from the owner: Thank you.
Kim Washburn is amazing!
Response from the owner: Karick, thank you for your recommendation.
Kent wasn’t able to help me with my case, but he gave me great advice. Wonderful man, restored my faith in good people.
Response from the owner: Landon, thank you.
After my daughter-in-law took my Son daughter’s… fled state and hid under the people of the Mormon church… this incredible team brought justice to our horrible story and has given my Son the opportunity he needed to heal a broken family.Believe it or not he has custody of their two beautiful daughters thanks to Nathan, Carren and their team! and he is breaking his back to make sure their happy and having a relationship with both parents (the very people who spent a ton of money trying to end his relationship with the girls) is in tact.Nathan was God sent and kept his composure during the most unbelievable amount of lies and bull poop from the other side.Nathan is the reason I believe that dreams come true.If your Son is fight to have a fair relationship with his children, you have come to the right place!
Response from the owner: So glad Nathaniel and Carren were able to help.
Amy Pomeroy is an excellent attorney, I recommend her and her staff to anyone. She helped me through a very hard times she very smart and kind .
Response from the owner: Thank you.
Very helpful, and answered all of our questions!
Response from the owner: So glad we could help, Casey.
I was at west jordan court today and Amber was amazing I will contact her once again.excellent work brown law
Response from the owner: Thank you, so glad Amber was able to help you.
Dani was an outstanding Paralegal! Would absolutely recommend her 100%.
Response from the owner: Glad Dani could help.
Dani is amazing. So personal and easy to work with. She is bright and very knowledgeable. I appreciate her willingness and friendly service!
Response from the owner: Travis, thank you.
Ray Hingson is an excellent attorney. I highly recommend him and his staff to anyone. He helped my daughter through a difficult child custody case. He is smart, articulate and kind.
Response from the owner: Camille, thank you.
very helpful and informed me of alot.
Response from the owner: Good to hear.
Attorney Jason Crawford was nothing short of amazing. His attention to detail and experience helped my case immensely. Highly recommended!
Response from the owner: Becca, thank you, and we're so glad Jason helped you well.
Went above and beyond to get me answers I was seeking thanks and I appreciate all your help Sunshine
Response from the owner: Julie, thank you.
I really lived working with Anne-Greyson. I felt like she really listened and had my best interest at heart. She was very quick to return phone calls and emails, I never felt like I was a bother! I would absolutely recommend this law firm and her to anyone.
Response from the owner: Renee, Anne-Grayson was luck to have worked with you. Thank you.
My attorney Jason Crawford with Brown Family law firm was awesome. I got joint legal and physical custody of my children. He negotiated for my best interest and I was able to keep our home and existing mortgage too.
Response from the owner: Matthew, thank you and glad Jason helped you so well.
I highly recommend Brown Family Law Office i had phone call consultation and they provided answers for all my questions and even give recommendation and referrals that I was needed.
Response from the owner: Anna, glad we were able to point you in the right direction.
Nathaniel was absolutely wonderful to work with. He was careful to help explain proceedings to me. He was very attentive to any questions or concerns I had while going through the divorce process. I would definitely recommend Nathaniel to anyone who is going through the divorce process.
Response from the owner: Deb, so glad Nathaniel was able to help you.
Ray is a great attorney to work with, he will do everything in his power to get what your asking for.
Response from the owner: Sandra, thank you for your kind words.
Rebekah Hatch was very helpful and knowledgable on family law and went above and beyond for my family. Would recommend her to anyone. She understands and is compassionate in what she does. Thank you Brown Family Law!
Response from the owner: Karamea, Rebekah was happy to help you.
Nathaniel Garrabrandt is an excellent lawyer.He helped me with my family law case, and gave my hope in the system again.
Response from the owner: Drew, thank you for the recommendation.
I had the pleasure of speaking with Sunshine at Brown Family Law today. Her dedication to answering my questions and giving me the information I needed was outstanding. If you need help with divorce or custody, give them a call. Excellent service!
Response from the owner: Breanne, so glad Sunshine was able to help you.
Clay did a great job for me. During one of the most difficult times of my life, he gave wonderful advice and really guided me. He is completely down to earth and approachable, communicated well and answered all my questions. I pray you don't ever need a divorce attorney but if you do, Clayton and his team are the ones to choose.
Response from the owner: Curt, thank you for the kind words.
Five stars for Brown Family Law Divorce Attorneys in Sandy, UT! Exceptional legal expertise coupled with genuine compassion. From the initial consultation to the final resolution, Anne-Greyson and het team guided me with professionalism and care. Anne-Greyson listened attentively, provided clear guidance, and responded very quickly to any question I had. I highly recommend Brown Family Law to anyone navigating divorce proceedings.
Response from the owner: Bryn, thank you for your recommendation.
They were extremely detailed and informative, staying on task and sticking by my side through the whole process. They got me more time with my son than I could have imagined at the time. Thank you.
Response from the owner: So glad we could help.
Kent Cottam was a great fit for me. I highly recommend him. He has a good mix of intelligence & personality.In terms of the law he knew when to hold ‘em & when to fold ‘em. I found him very personable & seemed well liked among colleagues.
Response from the owner: Glad Kent was such a good fit for you.
They listened and did what they promised. I will use them again for sure.
Response from the owner: Thank you.
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At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.
At Welty Law Office, we know that when we make children’s well-being a priority, their parents do better, too.