Paul Horton: How Can I Avoid a Contested Divorce?

A contested divorce can cause stress, frustration, and emotional pain for everyone involved. As a result, you should do everything in your power to avoid going through a contested divorce.

Below is some advice on how to avoid a contested divorce.

Discuss the cost. First, you may be able to avoid a contested divorce by discussing with your spouse how expensive it can be. Contested divorces can last weeks or even months and cost both spouses a lot of time, money, and stress. In many cases, avoiding the cost of a contested divorce is enough motivation for a couple to end their marriage amicably.
Discuss the effect on your children. If you have children, your primary concern should be their welfare, not obtaining custody. Talk to your spouse about how your divorce will affect the mental and emotional health of your children. It is possible for a couple to divorce and significantly reduce the impact the separation has on their children.
Discuss how long it will take. For most couples, once discussion about divorce begins, the marriage has already ended. As a result, you and your spouse probably want to move on with your lives as soon as possible. Explain to your spouse that a contested divorce can become drawn out and prevent either of you from living your lives.

Sometimes no amount of talking can resolve the issues that lead to divorce. When this happens, you must retain aggressive legal counsel as quickly as possible.

How Long Will My Divorce Take?

One of the most frequently asked questions by those approaching divorce is, “how long will the process take?” Of course, each case is unique. It is very difficult to pinpoint the exact length of time your divorce might take to finalize, as there are many factors at play. Some of those factors include the following:

The approach you’re taking to your divorce (mediation/negotiation, collaborative, formal litigation)
Whether you meet residency requirements for divorce in Utah
Your marital estate and the assets that must be divided
Whether the divorce is contested or uncontested
The grounds for your divorce (no-fault? Fault-based? Divorcing following legal separation?)
Contentious issues and the willingness of you and your spouse to cooperate
The existence of a prenuptial agreement
Whether or not children are involved

In general, an uncontested divorce takes less time than a contested divorce, mediation and collaboration take less time than formal litigation and willingness to cooperate makes a huge difference. A prenuptial agreement can make a divorce go more quickly or take even longer, depending on whether there is a challenge to its validity or a dispute over its terms.

In a worst-case scenario, a contested divorce with many complicated legal and emotional issues could take anywhere from several months to several years if it goes to trial in Long Island or elsewhere in Utah.

In a best case scenario, a mediated divorce with very few issues over marital property division and no children to arrange care and financial support for could take as little as one session to settle.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.