The Steps Involved in Divorce By Bryce M. Froerer on February 12, 2017

The divorce process will vary slightly from couple to couple. This is because each couple’s situation and needs are unique. There are some basic steps involved in divorce, however. The divorce attorneys of Froerer & Miles in Ogden, UT, can explain these steps in detail as they pertain to your particular situation. We understand how difficult the divorce process is and we take the necessary steps to make it as stress-free and painless as possible. If you are considering filing for divorce, contact our law firm today to learn more about the steps involved in this process.

1. Legal Separation

Unlike other states, Utah does not require a period of legal separation. Some couples choose this option, however, to get the court’s assistance in establishing alimony, child custody, and other matters during the separation. If you choose this temporary separation, the order is valid for a period of one year.

If you file for divorce while the temporary separation order is in effect, it will remain in effect until the divorce is finalized. Couples who choose to file a petition for temporary separation must attend a divorce education course if minor children are involved.

2. Filing the Petition for Divorce

Either party can file the original petition for divorce. This petition identifies both parties as well as any children. Your petition must include a reason for filing. In most cases, this is “irreconcilable differences”. Once the petition is filed, the petition is served to the other party, known as the respondent.

The original petition should include any requests you may have for a restraining or protective order. You should also include requests for temporary orders to address alimony, child support, and other matters.

3. Temporary Orders

Temporary orders are legally binding and remain in place until the divorce is final. These orders are drafted by the court and will address matters of alimony, child support and custody, and so on.

4. Negotiation

During this step, often referred to as mediation, the spouses and their attorneys meet. The goal of mediation is to develop resolutions to your conflicts that meet both parties’ needs. Spouses that cannot reach an agreement during this phase will go to trial.

5. Trial

If mediation does not work to resolve all conflicts, a trial date is set. Both parties (or their attorneys) argue their cases before the judge. The judge will then examine all the evidence in your case and make a final decision. It may take up to two weeks or more before you receive the final order from the judge.

6. The Final Decree

Once both parties have reached an agreement in mediation, or the judge has made a decision, they will sign the final decree of divorce. This document outlines the division of marital property, alimony, child support and custody schedules, and any other issues. If you do not agree with the provisions in the decree, you can file an appeal with the court.