8833 South Redwood Road
Suite C
West Jordan, UT 84088

Call For Free Consultation

(801) 876-5875


Call Us

Are There Any Benefits To Filing For Divorce Before Your Spouse?

There may have been years ago, but there is definitely no advantage at this point and the reason for that is in Utah anyone can do what is called a counter petition which is basically a law suit against the other spouse. If they sue for divorce first then countersue them for divorce right afterwards and ask for whatever it is that is wanted. The only advantage is if the case ever goes to trial, whoever filed first gets to speak first and present their case first. That is the only reason to file first, but other than that there is no advantage in the State of Utah to filing first.

What Are Some Things That Someone Can Do To Prepare For A Divorce?

One of the things is if the person is not working, the spouse that stays home and takes care of the kids, does not happen a lot, but it happens on occasion and if the divorce is pending; please make sure there is enough income to survive on for a month or two. Take some money out of that joint account because if one closes the account or takes all the money out, the other is left destitute. Happens more often than not.

Cash reserve is needed to get by. The next thing to think through is go through and maybe make a list of everything that is important. Now divorce attorneys and judges, they do not care about small item junk, like pots and pans or your clothes or personal effects. They just do not care, because they are not worth a lot and if toothbrush was left, than buy another one, it is trivial, but they do care about big ticket items such as cars, maybe a nice dining room set, things that would actually have a significant value.

Significant value equals $500 or more, make a list of everything, then go through accounts, do not forget the accounts, retirement accounts, bank accounts, savings, go through the list. There are a lot of different things that might be important to you, put a star by it, because the important things are the items that need to be resolved in the divorce decree. Most divorces are settled; they either settle through negotiation or through mediation, make sure they are the important items that matter. Then be willing to negotiate on everything else, because if the couch is just a couch, who cares if someone gets it? Go buy another couch.

If it is something that is very unique and special to for whatever reason, make sure you get it. That is a little pre-planning to do. Also if there is any prenuptial agreement that has been signed or a post-nuptial agreement, show that to your attorney, evidence is important. Then maybe even have a talk with the spouse about custody. Hey if is a divorce, a separation, how would it work out with the kids?

Have an idea, where is everyone going to live, or who is going to keep the house? Should the house be sold and divided? There are probably a hundred things to go through in a divorce and those are just some of them, but go through everything and decide what is going where. This is what judges do in the family court system.

What Is The Typical Timeline Of A Divorce In Utah?

The typical timeline is probably five to six months. There are cases that do go longer, but at least in our office we try and get them done as fast as we can because we know what kind of anxiety it gives people and we know it can be troubling. It is like hitting the speed bump on the road of life and nobody really wants to go through the hard times, even if it is an uncontested divorce, there is still stress involved in the case and so getting them resolved as fast as possible for our clients.

There is always the exception to that rule. If there is a lot of fighting that goes back and forth, it really depends on how bad the other side wants to fight and make life difficult for the other and they can do that. Yes. Can they drag cases on for a couple of years? They sure can. The longest one our firm has ever been involved with was over five years. The reason it kept dragging out, is because the parties just fought. They continued to fight and fight about every little tiny thing and if the clients fight about every single thing, being in court will seem the norm and money will be spent.

For more information on Filing before Your Spouse, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 876-5875 today.

The Essential Divorce Guide

FREE DOWNLOAD