Mediation is a tool for a collaborative approach to conflict resolution, including divorces.  It is a “CONFLICT RESOLUTION PROCESS” in which a third-party helper (the mediator) facilitates the problem-solving process between disputing parties.  This tool gives us a way to start engaging in conflict that does not have to be destructive; a way that is less costly to our emotions and bank accounts. This then becomes an alternative to the traditional litigated divorce.

Being a stay-at-home mom or a wife who remains in the home to care for it rather than working outside of the home, does not change her right to 50% of the marital assets (assets purchased or saved from funds earned by either spouse during the marriage).

If the assets owned by the parties were purchased or earned from efforts of the parties during the marriage, then those assets are likely to be divided 50/50. However, in Utah marital property should be divided equitably, which is not necessarily equally. The court could decide that one party needs more than 50% of the property.

Adultery may be a factor in determining alimony and should be listed as a cause for the divorce in the original petition. However, the courts are less likely to use this as a factor unless it has clearly caused significant financial harm to the marriage or substantially caused the dissolution of the marriage. Adultery may also be used as a factor in child custody, but again this is unlikely to persuade a judge unless it can be shown to have significantly affected the children.

A mediated divorce in Utah can take as little as 2-3 months to complete! A litigated divorce can take 9 months or longer to complete. If the divorce ends up going all the way to trial, it can take longer than a year.

In Utah the assets and debts are equitably divided. All assets and bank accounts purchased or created during the marriage using funds earned during the marriage are marital assets. This means that even if a house is in the sole name of one of the spouses, but it was paid for with funds earned during the marriage, then the house is likely marital property, and the equity in the house will belong to both of the parties. Some of the exceptions to this are: inherited assets, assets awarded to a party in a judgment, and pre-marital assets. Thus, marital assets are divided between the parties. One party may buy the other out of their interest in the house, or the house may be sold and the equity divided between the parties.   

No, in fact nearly all divorce matters are settled outside of trial. There may be a hearing for temporary orders if you do not agree earlier on in the divorce proceedings, and the divorce laws in Utah do require a scheduling hearing before a commissioner (a judge handling preliminary family law matters), but this hearing is quite short. This scheduling hearing is not required in a divorce matter where a mediated agreement has been filed in the early stages of the case.

No party can be forced to remain married to someone they no longer wish to be married to. However, if one of the spouses does not want to cooperate in the divorce matter, it will likely take longer and cost more to move the matter along towards divorce.

Not necessarily, the court has the authority to bifurcate your divorce. However, most courts in Utah are not willing to bifurcate divorces matters, as it tends to drag the divorce out longer than it would otherwise take. 

This question is different if you have minor children. Without minor children, you can file for divorce after living in one county in Utah for at least 3-months. If you have minor children, then you will need to have been living in Utah for at least 6-months for Utah to have jurisdiction over the children, unless your child is less than 6-months old but was born in Utah.

No, you do not need to remain in Utah, but Utah will continue to have jurisdiction over your divorce and any subsequent issues that may arise; as such, you will be required to attend hearings in Utah. If you have children and they move out of state with you, Utah will still have jurisdiction over your matter, unless both you and your ex-spouse moved out of Utah, then you could seek to have jurisdiction changed, once the children have been living in another location for more than 6 months.

A divorce can be granted in one of two ways: 1) you and your soon-to-be-ex-spouse reach an agreement either in mediation with attorneys or without, or you reach an agreement on your own; or 2) you go to trial and the judge assigned to your case hears your evidence and testimony and makes the decision him/her self, according to the laws in Utah.

In Utah there is not technically and waiting period for separation before a divorce can be entered. Rather, the decree cannot be signed until 30 days after the petition for divorce was filed with the court.

No there is no advantage to filing for divorce first. The first to file the divorce is call the Petitioner and the other spouse is called the Respondent. Even if the divorce went all the way to trial, being the Petitioner or Respondent would not affect the outcome.

In Utah short-term marriages usually do not have alimony awards in the decree of divorce. The court has discretion to determine what a long-term marriage is. Typically, to be a long-term marriage it needs to be over 5 years.

In determining alimony, the court looks at the parties’ standard of living at the time of separation. The court is then to equalize that standard of living. This can be a problem when there are not enough funds to provide each party with the standard of living they had when they were together. Thus, the court will likely equalize the standard of living available from the parties’ incomes.

Generally, if you and your spouse agree on dividing debts, the court will include your agreement in the divorce decree. If you cannot agree, the court will try to divide debts fairly. If a debt is tied to property (like a car loan), the person keeping the property pays the debt.

You are still married until your decree of divorce has been finalized and signed by the judge, even during separation you are still technically married and sex while dating would be considered adultery.