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How can divorcing Utah couples avoid litigation?

On Behalf of | Jan 19, 2024 | Divorce and Family Law

Divorce is how a significant portion of marriages in Utah eventually end. Spouses grow apart or experience such significant misconduct while married that they feel as though they have no choice but to end their marriage.

The idea of turning decision-making authority over to a judge worries many people. Many others dislike the idea of exposing their children to conflict or sharing details about their marital struggles in court. Some people in unhealthy marriages even stay married simply because they don’t like the idea of litigating a divorce. However, there are ways to end an unhappy marriage without handling everything in family court. Those contemplating divorce can potentially avoid litigation using one of the tactics below.

Negotiating a marital agreement

Some couples set terms for a potential future divorce before they ever even get married. Prenuptial agreements help establish clear expectations for the marriage and guidelines for dividing property if they divorce in the future. Those who have already married have another option available. Postnuptial agreements can be a way to clarify both what people expect from the marriage going forward and also what might happen if they cannot work through their current marital conflicts.

Pursuing alternative dispute resolution

Those who don’t have a written agreement with a spouse, especially those in a scenario where someone has already filed, still have options. There are ways to resolve divorce matters outside of court, which can be beneficial for everyone in the family.

For example, couples may agree to a collaborative divorce. This process involves signing an agreement to cooperate with one another and working to settle divorce matters amicably. Other times, when direct communication is too painful or confrontational, spouses may need to consider divorce mediation. They cooperate with a neutral third-party professional who helps them communicate more effectively and work toward a compromise. Successful mediation results in a signed agreement that guides the divorce process when they file in the Utah family court.

Those who resolve divorce matters amicably may benefit from less conflict for their children to witness and more control over the outcome of the divorce process. They may also end up paying far less for the divorce because the process will require less time in court. In these and many other ways, exploring alternative options may benefit those who would prefer to avoid litigation during their divorce.