Many of the high-profile divorces you hear about are incredibly contentious and full of resentment. However, just as many divorces are mutual and amicable. Through a collaborative divorce, you can end your marriage without having to resort to bitter court battles regarding property division and child custody.
If you and your spouse both agree to a divorce, speak to a collaborative divorce lawyer in Salt Lake City from Brown Family Law. Even when mutual, divorce is a complicated process, and you need a legal professional to address the details.
Our team has been a reliable legal partner to families since 2010. Contact us today to discuss your case with a Salt Lake City divorce lawyer.
How a Salt Lake City Divorce Attorney Can Help
A collaborative divorce will still require complicated agreements regarding asset division, child custody, alimony, and child support. A collaborative divorce lawyer in Salt Lake City can help you face the divorce process and negotiate a detailed agreement that meets both sides’ needs.
Without a lawyer, you may be putting yourself at a disadvantage during divorce, even when there are no hostilities. You may sign an agreement that ends up hurting you in the long run.
A Salt Lake City family lawyer can ensure that your interests are fairly represented and solve unresolved issues before filing.
Get Clear Guidance for Your Divorce
How Does Collaborative Divorce Work in Utah?
Utah’s Collaborative Law Act allows parties to agree to resolve legal issues through a collaborative process rather than formal litigation. Instead of preparing for a trial, spouses in a collaborative divorce work together to reach a mutual agreement to terminate the marriage.
The Collaborative Law Act lays down specific rules for how this must happen. Both parties in the divorce must sign a participation agreement stating they intend to abide by the legal process to reach a settlement. Agreements must be signed by a judge, but the actual agreement is reached through negotiation rather than a court battle.
Participation in collaborative divorce must be voluntary, and the process involves a formal discovery and disclosure period. Either party can terminate collaborative divorce, and the courts can still intervene in emergencies.
A Calmer, Clearer Way Through Divorce
Advantages of Collaborative Divorce in Salt Lake City
If you and your spouse are considering a collaborative divorce, you are in a much better state than many other couples. Below are some of the advantages of collaborative divorce over contested divorce:
- More control. Collaborative divorce gives you more control over the final outcome as you and your spouse will work together to resolve things. You can prepare for court, but the outcome of a trial is mostly in the hands of the judge.
- Lower costs. Collaborative divorce is also cheaper. You may avoid the higher costs associated with litigation, and the process will involve fewer hearings and less money spent on attorneys’ fees.
- Faster resolution. Collaborative divorce can be resolved faster. Contested divorces may involve several hearings and drawn-out battles that can take years to resolve.
- Less stress. Ultimately, a collaborative divorce is less stressful for you. You can let go of the stress and worry and instead focus on life.
How Long Does Collaborative Divorce Take?
One of the major benefits of collaborative divorce is that it can take substantially less time than contested divorces. A collaborative divorce can be resolved in as little as a few months, compared to contested divorces that can hang in legal limbo for years.
Below are a few things to keep in mind concerning collaborative divorce timelines:
- There is a mandatory waiting period for divorce in Utah. Utah requires couples undergoing divorce to wait at least 30 days between filing and finalizing the divorce. However, the waiting period can be waived in some circumstances.
- You may have to attend divorce education. If your divorce involves minor children, you and your spouse may have to complete divorce education courses regarding parenting time and requirements.
- You can make an agreement before signing. You and your spouse can work on a divorce arrangement before signing a collaborative participation agreement. This can help save time and expedite court filings.
- Administrative errors can increase timelines. Making errors during filing or not filling out forms correctly can cause the divorce to take longer. You should work with a Salt Lake City collaborative divorce attorney to minimize mistakes.
Child-Centered Custody Planning
Collaborative divorce allows parents to create a custody arrangement around their children’s needs instead of leaving every decision to a judge. Parents can work through schedules, school routines, holidays, transportation, and other concerns while building a workable parenting plan.
A child-centered plan may address:
- Custody arrangements: Decide how legal and physical custody will be shared based on your family’s circumstances.
- Parent-time schedules: Create a consistent schedule that gives children meaningful time with both parents when appropriate.
- Holidays and school breaks: Plan for holidays, vacations, birthdays, and school schedules to avoid future disputes.
- Parent communication: Establish practical ways to share information about school, activities, health care, and other important matters.
- Future changes: Create a process for addressing changes in your child’s needs or circumstances.
A Salt Lake City collaborative divorce lawyer can help you work through these decisions while keeping your children’s needs at the center.
Interdisciplinary Support in Collaborative Divorce
Collaborative divorce can involve professionals beyond the spouses and their attorneys. Depending on your circumstances, a financial professional, child specialist, or divorce coach may participate in the collaborative process.
A financial professional can help organize financial information, while a child specialist can provide insight into children’s needs. A divorce coach may also help spouses communicate and work through difficult discussions.
Each professional serves a different purpose, giving spouses additional support as they work toward an agreement. Your Brown Family Law attorney can explain what resources may be helpful for your situation.
Financial Disclosures and Planning
Financial transparency is important when reaching agreements about property, support, and future expenses. Both spouses need a clear picture of the family’s income, assets, debts, and financial obligations before making these decisions.
A divorce that is collaborative may involve reviewing:
- Income and employment: Wages, bonuses, business income, and other earnings.
- Accounts and investments: Bank accounts, stocks, and other investments.
- Retirement accounts: 401(k)s, IRAs, pensions, and other retirement benefits.
- Real estate: The value and ownership of homes and other property.
- Business interests: Business ownership, income, and related financial information.
- Debts and debt division: Mortgages, credit cards, loans, and other obligations.
- Future expenses: Housing, education, child-related costs, and other anticipated expenses.
Having complete financial information helps both spouses make informed decisions. A Salt Lake City collaborative divorce attorney can help you review these issues and work toward an agreement that fits your financial circumstances.
Contact a Collaborative Divorce Attorney in Salt Lake City Today
At Brown Family Law, our team has over 150 years of combined legal experience representing clients in Utah. Our collaborative divorce lawyers in Salt Lake City are committed to finding a smarter way to approach divorce; one that is strategic and quiet, not chaotic and aggressive.
You can count on our compassionate Utah team to manage your case with empathy and confidentiality, protecting your and your family’s dignity and privacy. Contact our offices online or call today to discuss your case, then visit our FAQ page to learn more.
