Midvale Utah Divorce Attorney
Midvale is a city in Salt Lake County, Utah, United States. It is part of the Salt Lake City, Utah Metropolitan Statistical Area. Midvale’s population was 34,124 according to 2019 estimates from the U.S. Census Bureau. Midvale is home to the shops at fort union, located on the east side of the city and the Bingham Junction economic center, and located on the west side of the city. Midvale is centrally located in the most populated county in Utah, with the direct interchange between I15 and I215 located in the middle of the city. Midvale is one of the few cities in Utah to be home to two direct trax lines. According to the United States Census Bureau, the city has a total area of 5.8 square miles (15.1 km²), all of it land. The western border of Midvale is the Jordan River that goes down the center of the valley.
DIY (do-it-yourself) divorce or dissolution In Midvale, Utah
If both of you have agreed to end your relationship and your finances are straightforward, you should be able to sort out a divorce or dissolution relatively quickly and cheaply. You still need to go through the legal process so you’re legally divorced or have dissolved your civil partnership, but you might not need to use a solicitor all the way through. This is where you and your ex-partner (husband, wife or civil partner) go through the divorce or dissolution process with little or no help from a solicitor. It’s important to know what is meant by “divorce” or “dissolution”, especially if you are looking to do your own divorce or dissolution.
Divorce or dissolution is often used as a general term to mean everything to do with a relationship breaking down. This includes:
• Formally ending the marriage or civil partnership
• Dividing the family’s finances
• Making arrangements for any children
A divorce or dissolution strictly means the legal process of formally ending a marriage or civil partnership. You must follow a specific procedure. In most cases this is straightforward. Many people arrange their own divorce or dissolution with little or no legal advice. However, there can be problems. Most difficulties in divorce or dissolution are to do with dividing up the family’s finances. Negotiating your own financial agreement, with or without professional support, can seem the cheapest and easiest way to a settlement. But it can be complex and there are many things you and your husband, wife or partner will need to consider. It might be helpful to have at least one safety check meeting with a specialist family lawyer. This will help you understand your rights and the full implications of any agreements and decisions you make. It will also ensure that any agreement is legally binding. In other state, if you have not covered all the issues up front or if you leave financial claims outstanding, problems can come back and disrupt your lives years after the divorce or dissolution was finalized. This is because getting a divorce or dissolution does not end your ability to make a financial claim against your ex (or them against you).There’s also no time limit for making a financial claim. It’s crucial to make sure you have a binding court order setting out what the financial arrangements are even if the court order simply confirms neither of you want to make a claim against the other.
How long does it take?
A do-it-yourself divorce or dissolution can’t take less than six weeks to complete from when the legal processes start in. In reality, even a swift divorce or dissolution could take between four to six months. Depending on how complex your financial situation is and what process you use to sort it out, a financial settlement could be agreed within months. But financial proceedings through the courts can often take a long time. It might take anything from nine months to two years to sort out the finances if you and your ex cannot agree them. Anyone can opt for a do-it-yourself divorce or dissolution, but that doesn’t mean it’s suitable for everyone. As a guide, you might be able to sort out your divorce or dissolution and your finances yourself if:
• Your ex-partner (your ex-husband, wife or civil partner) agrees to a divorce or dissolution or you have been separated for five years or more
• You have been married or in a civil partnership for a relatively short time, such as less than five years, but for at least one year in Utah
• You do not have children or are able to sort out child arrangements
• You have both lived in the same part of the Utah for at least a year
• You are able to discuss or negotiate how you will divide what you own and what you owe
DIY divorce or dissolution might not be a good idea if you and your ex-partner have any children under 18, a valuable home and/or pension(s) or complicated finances.
You’re likely to be able to sort out your divorce or dissolution yourself if:
• There are no children aged under the age of 16.
• You have been separated for at least a year and both of you agree to the divorce or dissolution, or you’ve been separated for at least two years.
• You aren’t involved in any other court case that could end your marriage or civil partnership.
• Neither of you has any mental illness or health problem that means you can’t make decisions about your money.
• You agree how your property and possessions should be split and are not making a financial claim against each other.
Pros and Cons of Divorce Mediation
Mediation is an alternative dispute resolution process that allows divorcing couples to avoid court and come to mutually acceptable settlement agreements. In fact, many Utah divorces are settled before they reach the courts, and mediation plays an important role in this. Mediation involves a neutral third-party mediator (who doesn’t “represent” either one of you) helping you reach your own agreements. It’s usually helpful for the mediator to also be a divorce lawyer who knows the process. Mediation has much to offer, but there are also some situations in which the downside of mediation can outweigh its benefits. Familiarizing yourself with the pros and cons of mediation can help you develop a better understanding of the mediation process and can help you determine if it might be a good fit for your situation. It’s usually helpful for you to have your own family law attorney advising you, even if only in the “background.” Many people consider mediation to be a valuable mechanism for bypassing the expense of hiring a divorce attorney and going to court. It is always in your best interest, however, to obtain the legal counsel of an experienced Midvale divorce lawyer when you are facing something as consequential and important to you and your children’s futures as divorce mediation.
Divorce Mediation: The Pros
Again, mediation has much to offer both parties, including that it is:
• Less Expensive – Mediation is generally far less expensive than proceeding to court. Both you and your spouse will usually simply split the mediator’s fees. While you are strongly encouraged to proceed to mediation also with the experienced legal counsel of a skilled divorce attorney on your side, the legal preparation for mediation is generally far less extensive than it would be if you were headed to court.
• Less Time-Consuming – Mediation typically takes less time overall compared to going through the court system. Not only will it take less time to prepare for mediation but scheduling a mediation session usually takes far less time than does getting on the court’s docket.
• Voluntary – Mediation is a voluntary process, so there is absolutely nothing forcing you to agree to anything that you find unacceptable during the mediation process. The fact that mediation is voluntary allows many divorcing spouses the sense of ownership and independence they need to feel comfortable making important compromises and decisions.
• Informal – Mediation is an informal process that helps both parties feel more at ease and more involved. Neither of you will be pressured to agree to something you aren’t comfortable agreeing to, nor you can set your own pace without fear of being rushed through the proceedings. Finally, this informal setting allows you and your spouse to hammer things out together rather than through the very formal mechanism of the courts or through your attorneys’ correspondence. This meeting of the minds sometimes helps couples find common ground that may have been in hiding.
Divorce Mediation: The Cons
Mediation is not the right answer for every divorcing couples, and there are some important elements of mediation that can be disadvantages:
• Mediation Does Not Provide Legal Advice – Mediators who preside over the mediation process are neutral third parties who do not offer legal advice one way or the other. If you go into mediation without experienced legal counsel on your side, you are going to be making important decisions about you and your children’s futures that can come back to haunt you. Understanding the legal ramifications of these decisions is critical, and entering into divorce mediation without professional legal guidance is ill-advised. Your lawyer doesn’t have to attend mediation with you, and can offer you legal advise in the “background.”
• Mediation Is Not for Every Couple – If your spouse is vindictive, unwilling to compromise on any issue, controlling, a bully, and/or dishonest, mediation is unlikely to be in your best interests. The last thing you need is to have your soon-to-be ex hammering away at you to compromise. Your knowledgeable divorce lawyer will work closely with you to help determine if mediation is in actuality a good choice for you.
• Mediation May Not Be Necessary – If you and your spouse are willing to work together in honor of your shared years together and in support of your children’s best interests, mediation likely won’t be necessary. Instead, you can save yourself time and expense by having your respective attorneys draw up your mutually acceptable settlement terms in the proper legal format.
• If Mediation Fails, You’ll Need to Proceed to Court – If your mediation isn’t successful, your divorce will ultimately take longer and be more expensive that might have been necessary. This is not to say that mediation that doesn’t lead to a settlement is utterly useless. Even if your mediation session doesn’t lead to overall answers, it can still give you a much better feel for what is to come, and allow your skilled Midvale divorce attorney to gather more information with which to build a strong foundation for your upcoming court date.
Pros And Cons Of Hiring A Divorce Attorney: Issues To Consider
While hiring an attorney to handle your divorce is not legally required, it often is beneficial. Many who do not hire a divorce attorney (commonly referred to as going “pro se”), feel that it is economically the best decision. As you weigh the costs and benefits of using an attorney’s services versus going pro se, it is in your best interest to be informed of the implications of both sides. An attorney will be an objective advocate. But it is expensive. During your divorce process, you will be faced with a great amount of stress and negative emotions as you battle the deeply personal issues of child custody, division of marital property, etc. Dealing with these emotions can affect your ability to make the most rational decisions and properly represent yourself in your best light in court. Hiring a divorce attorney will ensure your best representation, as he or she will be an objective advocate, having no personal ties to the case. While this objectivity will work to your greatest advantage, it will come at a high cost. Attorney fees can easily cost thousands of dollars before all is said and done. Because of this, it is in your best interest to evaluate what you have to lose by not hiring an attorney in comparison to the money you will pay an attorney to protect your share of your income and assets as well as your parental rights. You are more likely to be heard. But sometimes attorneys are overly aggressive. Having a reputable attorney advocating on your behalf speaks volumes to a judge. He or she will be able to express your needs and desires in the most effective way possible. Keep in mind that you will not only be battling your spouse for money and time with your children-you will also be battling his lawyer. If your spouse has hired an attorney, you can be sure that his voice will be heard above yours. However, on the flip side, hiring an attorney who will aggressively pursue every last victory for you will arouse feelings such as anger and resentment from your spouse. Attorneys trained to win as much as possible and to stop at nothing, are notorious for their aggressiveness in the courtroom. Winning full custody of your children, a large maintenance settlement, and a larger than necessary amount of marital property may sound wonderful at first sight; but, if it puts an even bigger strain on your relationship with your spouse, you may want to consider allowing a more reasonable settlement. Your attorney has the tools you need and don’t have. You may know what you want out of your divorce, but you will not have the tools to make it happen. The divorce process is full of legalities and technicalities, paperwork, deadlines, and an endless amount of other things that most people are not familiar with. It is your lawyer’s job to take care of these things while learning what you want and need in this divorce settlement. Having a thorough understanding of the court system and how the law can work in your favor, he or she will then be able to advise you regarding what is best for your individual case. Obviously, if your case is simple, perhaps it might be best to go it on your own.
Filing and Serving Divorce Papers
The divorce petition is a legal document filed in court by a spouse who seeks a divorce. Also called the “complaint” in some states, the petition informs the court of the filing spouse’s (called the “petitioner”) desire to end the marriage, and its filing with the court signifies the initiation of the divorce process. Once the divorce petition has been “served” on the petitioner’s spouse, it also notifies them that the divorce process has begun. While specific requirements and formats vary from state to state, the divorce petition typically contains the following information:
• Identification of the spouses by name and address;
• Date and place of marriage;
• Identification of children of the marriage;
• Acknowledgment that the petitioner and/or his or her spouse have lived in the state or county for a certain amount of time prior to filing the petition;
• Grounds for divorce;
• Declaration or request as to how the petitioner would like to settle finances, property division, child custody, visitation, and other issues related to divorce.
In addition to the information described above, the divorce petition may ask the court to put temporary “orders” in place on certain family and financial issues while the divorce process is ongoing. If approved, these orders usually stay in effect until the divorce becomes final. These temporary orders may pertain to issues such as:
• Which spouse will have primary (physical) custody of the child(ren).
• Child visitation schedule for the non-custodial spouse.
• Payment of child support.
• Payment of spousal support.
• Which spouse will live in the couple’s house or primary residence.
• Payment of bills and other financial concerns.
Where to File Divorce Papers
Where you file for divorce is crucial. As with virtually all matters of family law, the divorce process is handled solely at the state government level, so the spouse seeking a divorce files a divorce petition in their state’s “superior” or “circuit” court usually in a county or district branch of that state court. Residency requirements vary by state, but will determine where the petitioner will be filing and serving divorce papers.
Serving Divorce Papers
After filing divorce papers with the court, the petitioner (and their lawyer) makes sure that the petition is “served” (legally delivered) on the other spouse. Each state has strict requirements for serving legal documents, including the different methods of service that are available, so it’s important that service be done right in order for the divorce to validly proceed.
Divorce Lawyer Midvale Utah
When you need legal help with a divorce lawyer in Midvale Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506