Life can sometimes get complicated–especially when you are trying to file for divorce. Rarely do things go exactly as planned. It is not uncommon when one spouse refuses to sign divorce papers. These type of situations are known as a contested divorce. Rather than being forced to stay in an unhappy marriage, there are solutions. During this time, it is vital to seek representation from a Salt Lake City divorce attorney to file a petition in the family court. It allows people to finally end their troubled marriages and move on with their lives.
There two different types of contested divorce in Utah–fault and no-fault. Many people file for divorce due to the actions and poor decisions made by their spouse. For example, your spouse may have committed adultery or constantly displayed abusive behavior. These types of fault-based contested divorces can be filed without the other spouse having to sign any divorce papers. No fault divorces eliminate much of the acrimonious finger pointing that often happens during the divorce process. The petitioner would only have to answer the basic questions required by the court. There is no need to list any specific reasons why the petitioner wants to file for divorce.
Anytime one spouse refuses to sign a divorce paper, it becomes a contested divorce. Both parties will then have to attend a court hearing to explain their reasons. The court will then make its decision on how those reasons should be resolved. Contested divorce hearings are usually a straightforward process. If both parties appear at the hearing, the court will take into consideration all the evidence presented. Among the most key decisions will deal with settlements and how property and assets and child custody will be divided and administered.
There are several different ways for couples to resolve their difference when there is a contested divorce. Some Salt Lake City divorce attorneys offer mediation services. Utah law requires all couples that file for divorce to attend at least one mediation session. During the process, an independent mediator will listen to both parties. In some cases, mediation has led to couples reconciling. Couples have the opportunity to voice their questions, concerns, and grievances freely in a non-judgemental environment. Although mediation does not guarantee success, it is often seen as an effective solution to a high number of contested divorces in Salt Lake City.
When it comes to divorce, expect the unexpected. In some contested divorce hearings, the refusing party may not attend. In these cases, the filing spouse can seek a default divorce. The court will uphold all requests made by the filing spouse and will ultimately determine important issues, such as child custody, division of property, and spousal support.
If you are involved in a contested divorce, it is important to have an experienced family law attorney in your corner. For nearly two decades, Salt Lake City divorce attorney Emy A. Cordano has successfully protected the rights of countless clients. As a person who has gone through the divorce process, she understands many of the challenges and obstacles facing her clients. She utilizes an aggressive and compassionate approach to help place each client in the best position to succeed. To learn more, contact her Salt Lake City family law office today and schedule a consultation to discuss your case.