Deciding to end your marriage in a divorce marks a turning point that can be quite emotional. Also, this decision starts a complex legal process that requires the expertise of Coil Law, LLC attorneys.
Part of the divorce process is reaching a settlement, which determines the way your assets are split, who gets child custody, and the financial responsibilities that every party will carry. While this may seem straightforward, this can become overwhelming. You may not be aware of ways to protect your interests or what to expect at every step of the way. Understanding the ins and outs of your divorce is essential to ensure you reach a fair resolution.
In Utah, you can choose to have a contested, uncontested, or default divorce. In an uncontested divorce, you and your spouse agree on all divorce terms without fighting in court. Rather, both parties reach a settlement through negotiation, collaboration, or mediation. The majority of divorcing couples in the state settle their divorce this way since it is quicker, less stressful, and cheaper. The following are the steps involved in the divorce settlement process:
Filing for Divorce
To initiate the divorce process, file a divorce petition with a court. This petition spells out your initial ideas regarding how you believe things must go. For instance, your petition may include what you prefer in terms of property division, child custody, and spousal support issues. Once you file a petition, your spouse should be served with it. They can respond to your petition within 21 days of receipt if they are in the state. If your spouse does not agree with your terms, this can complicate things further. But there are still many ways to reach a fair settlement.
Collecting Facts
The discovery process includes disclosing what you and your spouse own. During this process, each of you must share detailed financial information such as bank accounts, monthly income, property, and debts. Also, you may have to go through interrogatories where you answer written questions.
Hiding assets or fudging the numbers can hunt you later, possibly resulting in a less favorable settlement or penalties. So, try to be as honest and thorough as possible.
Reaching Common Ground
Usually, both parties may sit down with their respective lawyers to determine how to divide their assets, responsibilities, and debts. Keep in mind that negotiation is about finding a common ground that will work for all parties involved. This process can take time, particularly if there are serious disagreements over things such as who keeps the family home or the visitation times.
When trying to reach a middle ground, be ready to compromise. Focus on reaching a settlement agreement that lets both parties move on with their lives.
Drafting the Settlement Agreement
This agreement outlines the divorce specifics such as how assets must be split, how debts need to be paid off, and even minor details such as who keeps the family pet. Before you sign this agreement, review it with your lawyer. Ensure all details are correct and the document contains what both parties have decided during negotiations.
Making It Official
Your divorce will only be official when approved by a judge. The job of the family court is to review the settlement agreement to ensure fairness and that everything meets legal standards. A judge will examine the terms of your divorce. If they find something that is out of line with state laws, the judge may send the document back for some changes. But if you and your spouse have been honest throughout the settlement process and covered the bases, you can get court approval in no time.
