When both spouses agree to get a divorce in Utah, they could file for an uncontested divorce so that they could save money and time via simplified court proceedings. This is, of course, granted that both parties agree on the crucial divorce issues. These matters usually include child custody arrangements, child support, spousal support or alimony, and distribution of property.
Kelly & Bramwell, P.C. explains how an uncontested divorce works in Utah.
Do You Qualify for an Uncontested Divorce?
An uncontested divorce is ideal for spouses who have already agreed on the most pressing divorce issues. Similar to a contested divorce, one of the spouses needs to file for a divorce to begin the process. But the similarity ends there. Once the necessary paperwork is filed, along with the reason for divorce, child custody agreement, and distribution of property information, all that’s left is for the other spouse to approve the uncontested divorce.
In case the other spouse doesn’t appear in court, the court would grant the divorce. If the other spouse doesn’t agree, the supposedly uncontested divorce would be deemed a contested one.
Why Opt for an Uncontested Divorce
Among the most practical benefits of choosing an uncontested divorce is the significant savings, not only in terms of money but in time as well because uncontested divorces are significantly shorter and require lower attorney and court fees. An uncontested divorce likewise enables spouses to get their final divorce decree more quickly due to streamlined proceedings and in turn, less legal red tape.
Additionally, unless you get your divorce proceedings filed under seal, something that’s very difficult to accomplish, all details of your divorce, including you and your spouse’s personal, private, and financial information, would be open to the public. With an uncontested divorce, on the other hand, there’s less information to be filed; therefore, less information would become public.
Who Shouldn’t Opt for an Uncontested Divorce
Spouses who have children and/or disputed or complex property issues, or potential disagreement with alimony, must consider choosing uncontested divorce. This is mainly due to the fact that you might not be able to determine your complicated divorce issues with an uncontested divorce accurately and fairly.
With this in mind, it’s best that you get your specific situation assessed by an experienced divorce lawyer. A professional can help you figure out if an uncontested divorce is right for you.