Experienced Divorce Lawyer Utah Ready To Stand By Your Side
Divorce is one of the most difficult things that can happen to a person. The legal process that you have to go through can often make things even more stressful. Finding the right divorce lawyer can help ease the pain during this challenging time in your life.
At Hoyer Law Firm, we work hard to make sure that our clients have the family law and divorce information that they need to help them through the process. The last thing that you want is for your divorce process to drag out longer than it needs to, costing you more money.
What is the Process for a Divorce?
Most people have little to no knowledge or experience with the divorce process. We help educate our clients on the steps that they need to take to get the best outcome. Trying to navigate the process of divorce alone can have far reaching consequences on your children and your finances, and cause more pain for both sides.
Petitions
For a divorce to happen, either party needs to petition for a divorce decree. Usually these petition documents are written up by an attorney. The person filing for the divorce is the Petitioner. The person responding to the petition (other spouse) is the Respondent.
The petition outlines the things that the petitioner would like to receive, but often contains more than they expect to receive. Depending on the circumstances surrounding the divorce, the petition can often be an exaggerated wish list on the part of the petitioner. With the right attorney, you will likely not have to meet all of the demands of the petition.
After the petition is filed, the respondent needs to respond within a given time frame. This response addresses each of the assertions in the petition by either admitting or denying them. The respondent asks the court to deny the petitioner’s request and typically files a counter petition. In the counter petition the respondent sets forth their position and the relief that they are looking for.
In our opinion, the respondent should file a counter petition in every situation because if they do not, they could end up in trial facing the trumped up wish list of the petitioner. Once the counter petition has been filed, the petitioner must respond within a certain time frame.
Discovery
During the discovery process, you will gather as much favorable information as possible to support yourself and your case at trial. All of this information will be given to your attorney who will then present the information to the court.
During the discovery process it is imperative that you are candid with your attorney. This means that you need to disclose anything that the other party could bring up about you. Being prepared for anything that comes up will be vital in getting a favorable judgement.
Temporary Motions
Sometimes the discovery process can take longer than desired. Some issues are more pressing and need to be addressed before the end of the divorce. Parties may file temporary motions to address pressing issues, including custody, parenting time and child support, rather than wait until the divorce process is finished.
In most situations it is better if mutually beneficial agreements can be made between the parties without getting the court involved. When temporary motions do need to be filed, it will cost the parties more in attorneys fees and can be viewed as one of the parties not cooperating. In some situations it is better to avoid temporary motions.
Settlements and Mediation
In many situations, settlement is the most favorable outcome. Settlements can happen at any stage of the process, but most of the time the happen in during the course of a formal mediation. A settlement is simply coming to an agreement on the terms of the divorce. This is often much better for the parties because it avoids leaving the fate of their lives and loved ones up to a judge.
Along with giving you more control over the outcome of your family arrangements, settling can drastically reduce the time and money spent on your case. Reaching a favorable settlement is often the best outcome.
Pretrial Conferences
In Utah, both parties will be required to attend a pretrial conference. This is a final attempt for the case to reach a settlement. In many situations, the judge can help both parties see that continuing to trial will have emotional and financial impact. This can often help both parties to be more open to negotiations. If the case does not settle in this pretrial conference it will move to trial.
Trial
It is relatively uncommon for a divorce to go all the way to trial. In fact, less than 5% of all divorce cases actually go to trial. The circumstances surrounding the divorce obviously contribute to the likelihood that it ends up in trial. When more is at stake, parties are often less forgiving. For example, if there are no children and very little money, the case is likely to be settled out of court.
The duration of the trial will vary depending on the complexity of the divorce, but typically they last one day.
Divorce Decree
After the trial, the judge signs a divorce decree. It is at this point that the parties are officially divorced. The decree will outline things such as custody, child support, parent time and more.
#1 Marriage Annulment & Separation Attorney – Call Us
As with all of our clients, we promise to do everything in our power as your divorce lawyer to help you get the best outcome. We will never drag a case on longer than necessary or create false hopes in order to increase the fees paid to us. If you are in need of a great divorce attorney call to schedule your initial consultation today at (801) 901-0797.
