EMY A. Cordano, Attorney at Law
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We Are Open & Accepting New Clients
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The Avenues
Divorce Attorney

Divorce Lawyer The Avenues

When you got married, we know that the last thing on your mind was separation. We all hope that our marriages work out, but that is not always the case.

Unfortunately, sometimes divorce is the best solution for all parties involved. Divorce is not something to take lightly and it can happen to anyone. Whether your marriage lasted 25 years or just one, handling it properly is important.

If you are here looking for answers, Emy Cordano, Attorney at Law, can help. Even if you feel like you cannot get through the divorce process, she will work to ensure you understand everything that is going on. When you need a divorce attorney, there is no better place to turn.

What is an Uncontested Divorce?

An uncontested divorce is a divorce proceeding that is not being fought by either party. In other words, both parties come to a mutual agreement to divorce. This typically only happens when it is very little at stake. Namely, no real property, no assets, and no kids.

In this scenario, an uncontested divorce helps both partners save time and money through simplified court procedures.

Benefits of an Uncontested Divorce

One of the primary benefits of an uncontested divorce is the amount of time and money that both partners will save. Simplifying the divorce procedure and coming to a mutual agreement on the important issues will save the couple in lowered court costs and lowered attorney costs. Another benefit to an uncontested divorce is that couples will be able to have their divorce granted in a quicker fashion. Because uncontested divorces result in fewer proceedings and disputes, couples are able to dissolve their marriage at a faster rate and move on with their lives.

What is a Contested Divorce?

A contested divorce is a divorce decree where both partners cannot agree on the larger issues in a divorce proceeding and should absolutely use the services of an expert family law attorney to settle their differences and avoid a trial. This is a divorce where child support, child custody, spousal support or alimony, and assets are at issue. The couple can disagree on one aspect of the divorce or all aspects of the divorce.

Steps in a Contested Divorce

In a contested divorce, spouses are required to complete several steps before the divorce process is finalized. These steps include:

  • Hiring a divorce attorney
  • Preparing, filing, and serving the divorce petition
  • Responding to the petition
  • Possibly filing for orders dealing with temporary custody, child support, and alimony
  • Conducting “discovery”
  • Settlement proposals between divorce attorneys
  • Preparing for trial if settlement is not reached
  • Court trial

Uncontested Divorce vs. Contested Divorce

One of the most substantial differences between an uncontested and a contested divorce is the time and money spent with each legal process. Even though the court cost to file both of these divorces is the same, in the long run, a contested divorce will cost spouses additional time and legal fees. While it is true that uncontested and contested divorces have the same waiting periods the larger, more complicated issues in the divorce take more time.

WHAT WILL HAPPEN?

First, we need to talk about the issues that are involved in your divorce so that we can get our head wrapped around what needs to be done.

Is the divorce contested or uncontested?

Sometimes the two spouses can work out all of the details of separation amicably and have a fairly smooth, uncontested divorce. However, even in an uncontested divorce, you should have an attorney review everything. Also, if your spouse has an attorney, you absolutely should retain an attorney.

For both contested and uncontested divorces, all of the following needs to be worked out:

Property and asset distribution: In Utah, we work towards equitable distribution. This does not always mean that assets will be split 50-50, but that they should be split as fairly as possible. This includes all joint property, most property obtained during the marriage, and the marital home.

Debt splitting: Yes, even debts acquired during the marriage need to be split between the parties.

Alimony payments: One spouse may be required to make payments to the other in order to allow the other party to maintain a lifestyle they were used to during the marriage.

Child custody: The courts would like to see both parents remain a part of their children’s lives. Both legal and physical custody need to be determined for any children involved. Visitation rights need to be figured out for a non-custodial parent.

Child support: Both parents are required to continue care for their children after separation. The court will look at many factors when determining child support payments.

Please note that if there are accusations of substance or physical abuse by one or both parties, the divorce process can become harder, especially when children are involved.

Types of Child Custody Arrangements

In a divorce proceeding, custody orders establish custody plans for two types of custody: physical custody and legal custody. Physical custody determines which parent the child lives with, and legal custody determines which parent has the right to make decisions about the child’s upbringing. Some of the ways that custody orders are divided among divorced spouses are:

  • Sole legal custody and sole physical custody
  • Sole physical custody and joint, or shared, legal custody
  • Joint physical custody and joint legal custody
  • Sole legal custody and joint physical custody

WHAT YOU CAN DO

We know you may still feel overwhelmed after reading this page, but rest assured that you are doing the right thing by seeking our legal help. We know this is not easy for you. When you need a divorce attorney in The Avenues, Emy Cordano is ready to be by your side. She will work to make sure that you are protected throughout the entire divorce process regardless of how difficult the process may get. You can contact us by clicking here or calling us at 801-804-5152 for an initial consultation.

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