Did You Know That?

DID YOU KNOW THAT?

By law, Mediation is required.

The Utah statute 30-3-39 requires mediation in all divorce cases, unless waived by the court. Both spouses must participate in good faith in a least one session of mediation if contested issues remain. This is essentially every divorce!

A great way to meet this requirement is to hire a mediator first, in lieu of hiring attorneys and going to court.  Retaining an attorney typically runs between $3,900-$8,000 per person – just to start.  A contested divorce usually requires multiple retainers!

Using mediation first, instead, often will cost less than one of you just hiring an attorney – and it will often get your entire divorce agreement worked out and papers filed with the court!  It takes a fraction of the time that a traditional fought-over divorce will take.  Instead of being emotionally exhausted and impoverished, you will feel hopeful and peaceful in a comparatively quick amount of time.

Mediation first, works!

DID YOU KNOW THAT?

You are not required to have an attorney.

With the help of a mediator, a couple can reach an agreement that covers all of the issues which need to be covered in a divorce.  If the mediator is also an attorney, then he or she can switch hats at the end of mediation and file the paperwork needed to finalize the agreement, without the couple ever having to go to court. The couple may also have an attorney prepare the paperwork and file it for them. This generally costs much less because there is a mediated agreement; as such, litigation, which always substantially increases the cost of a divorce, is avoided.

DID YOU KNOW THAT?

If a couple uses attorneys and the courts to decide their divorce (litigation), as opposed to reaching an agreement together (mediation), they are more likely to end up back in court because someone has violated the terms of the divorce.

Mediation works well because couples can decide their own destiny, and that of their children, if they have children, which generally provides more satisfaction with the end results than having a judge make the decisions for them.