In an uncontested divorce, the couple is able to come to an agreement as to the property division, child custody, child support, and alimony without the need to have several third parties involved and pressuring such an agreement. This most often occurs where spouses both decide they no longer want to continue in the marriage and they both agree who should get what. Uncontested divorces have many advantages over a contested divorce.
In an uncontested divorce, you avoid court costs (not filing fees though), mediation costs, and most attorney-related expenses. Most attorneys will get all the paper work in order and file an uncontested divorce for a flat fee. At Carr Law Utah, we perform uncontested divorces for $1,500 plus you pay the court filing fee of $318. Contrast that with a contested divorce.
In a contested divorce, each spouse is paying $250-$450 per hour that their divorce attorney works. Attorney’s fees alone usually end up costing the couple well over $5K-$10K. Plus you will have other filing costs, court costs, mediation fees, etc. The contested divorce also takes much longer.
What is an Uncontested Divorce?
An uncontested divorce should be completed in 90 days. The only reason it takes this long is because Utah has a mandatory waiting period of 90 days. In some cases, the mandatory waiting period can be waived, further decreasing the 90-day waiting period.
Although an uncontested divorce can be done without an attorney, a good divorce attorney in Salt Lake City will do several things. The attorney can help you expedite the process; do everything for you so that you do not have to worry about it; make sure that all claims are finally settled and there will be no problems once the divorce is final; ensure that there are no delays due to improper filings, motions, etc.; and give you confidence that everything was done correctly. Additionally, an uncontested divorce is not always the right option, might not be fair under the circumstances, and could end up hurting one of the spouses in the long run. An attorney can help you understand if this is your best option.
How to Modify Custody?
Basically, you just need to file a petition with the court. From there, there might be additional discovery and motions. Most of the time modifications are much simpler than the previous Divorce or Paternity action.
Custody modifications are generally either very simple or very complex and rarely fall in the middle. Easy modifications are ones in which a parent is only ratifying the current parent time schedule of the parties. For example, let’s say that a decree awards the mom sole physical custody of the children. For whatever reason, the dad has been exercising parent time half of the time. In other words, dad has been exercising joint physical custody. The Decree still awards mom sole physical custody which means that at any given moment, mom can refuse to allow dad equal parent time. To protect himself, dad would need to file a Petition to Modify and request that the court ratify the changes the parties have made. The Court will ultimately enter a Decree that awards mom and dad joint physical custody with equal parent time.
Court’s love the status quo. If you can show the court that mom and dad have had equal parent time for an extended period of time, then it is almost inevitable that the Court will award the parents equal parent time. A child custody lawyer should be able to help you ratify changes for relatively cheap.
The more difficult custody modifications relate to the noncustodial parent believing that it is no longer in the best interest of the children that the custodial parent exercise sole custody. For example, perhaps the custodial parent has been influenced by a boyfriend or girlfriend. The custodial parent once spent most of his or her time with the children, now he/she stays out late, gets drunk around the children and no longer provides a safe, loving environment. These are the hard custody cases. They are difficult because the Court will only care about what you can prove. It is not enough to stand up in the courtroom and say, “my ex is a drunk and gets wasted in front of the kids.” The Court needs more concrete facts.
Free Consultation with a Divorce Lawyer
If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Recent Legal Information
Ascent Law LLC St. George Utah Office
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Salt Lake City
Salt Lake City, Utah
|City of Salt Lake City|
“The Crossroads of the West”
|Named for||Great Salt Lake|
|• Type||Strong Mayor–council|
|• Mayor||Erin Mendenhall (D)|
|• City||110.81 sq mi (286.99 km2)|
|• Land||110.34 sq mi (285.77 km2)|
|• Water||0.47 sq mi (1.22 km2)|
||4,327 ft (1,288 m)|
|• Rank||122nd in the United States
1st in Utah
|• Density||1,797.52/sq mi (701.84/km2)|
| • Urban
||1,021,243 (US: 42nd)|
| • Metro
||1,257,936 (US: 47th)|
| • CSA
||2,606,548 (US: 22nd)|
|Time zone||UTC−7 (Mountain)|
|• Summer (DST)||UTC−6|
|Area codes||801, 385|
|GNIS feature ID||1454997|
|Major airport||Salt Lake City International Airport|
|Website||Salt Lake City Government|
Salt Lake City (often shortened to Salt Lake and abbreviated as SLC) is the capital and most populous city of Utah, as well as the seat of Salt Lake County, the most populous county in Utah. With a population of 199,723 in 2020, the city is the core of the Salt Lake City metropolitan area, which had a population of 1,257,936 at the 2020 census. Salt Lake City is further situated within a larger metropolis known as the Salt Lake City–Ogden–Provo Combined Statistical Area, a corridor of contiguous urban and suburban development stretched along a 120-mile (190 km) segment of the Wasatch Front, comprising a population of 2,606,548 (as of 2018 estimates), making it the 22nd largest in the nation. It is also the central core of the larger of only two major urban areas located within the Great Basin (the other being Reno, Nevada).
Salt Lake City was founded July 24, 1847, by early pioneer settlers, led by Brigham Young, who were seeking to escape persecution they had experienced while living farther east. The Mormon pioneers, as they would come to be known, entered a semi-arid valley and immediately began planning and building an extensive irrigation network which could feed the population and foster future growth. Salt Lake City’s street grid system is based on a standard compass grid plan, with the southeast corner of Temple Square (the area containing the Salt Lake Temple in downtown Salt Lake City) serving as the origin of the Salt Lake meridian. Owing to its proximity to the Great Salt Lake, the city was originally named Great Salt Lake City. In 1868, the word “Great” was dropped from the city’s name.
Immigration of international members of The Church of Jesus Christ of Latter-day Saints, mining booms, and the construction of the first transcontinental railroad initially brought economic growth, and the city was nicknamed “The Crossroads of the West”. It was traversed by the Lincoln Highway, the first transcontinental highway, in 1913. Two major cross-country freeways, I-15 and I-80, now intersect in the city. The city also has a belt route, I-215.
Salt Lake City has developed a strong tourist industry based primarily on skiing and outdoor recreation. It hosted the 2002 Winter Olympics. It is known for its politically progressive and diverse culture, which stands at contrast with the rest of the state’s conservative leanings. It is home to a significant LGBT community and hosts the annual Utah Pride Festival. It is the industrial banking center of the United States. Salt Lake City and the surrounding area are also the location of several institutions of higher education including the state’s flagship research school, the University of Utah. Sustained drought in Utah has more recently strained Salt Lake City’s water security and caused the Great Salt Lake level drop to record low levels, and impacting the state’s economy, of which the Wasatch Front area anchored by Salt Lake City constitutes 80%.