No. The Utah Sate Courts self-help website has links to the necessary paperwork that you can file on your own. That being said, we would suggest scheduling a consultation with an attorney at some point in the process (before your divorce is finalized) to ensure that you are addressing all the issues in your particular situation. If you have property and/or children, there are some
additional considerations that must be addressed. At the end of the day, it’s much less of a headache (and more cost effective) to get the Decree right the first time versus needing to modify your Decree down the road because it left something out.

If the divorce uncontested (parties are in agreement) and if there are no minor children, our flat fee rate is $1,500 + the court filing fee of $333. If the divorce is uncontested and there are minor children, our flat fee rate is $2,000 + the court filing fee of $333.

If your divorce is contested, it’s a bit harder to predict costs, but we always work as efficiently as possible and remain transparent along the way. You are welcome to contact our office to speak
with our office manager and paralegal, Diana, who can provide you with additional information depending on your particular situation.

Under Utah Law, Child Support is an automatic calculation based on the parties incomes and number of overnights each parent has. The Child Support Calculator will generate the child support obligation in your case.

If you have children under 18, you must take a Divorce Parenting Course and a Divorce Orientation Course. Utah State offers these online. Additional information can be found at the court’s website and Utah State University’s website.

Note: If you were not married but are initiating or modifying a custody order, you only need to take one course: Mandatory Parenting Course.

Mediation is an important (and sometimes required) step in many family law matters. The Utah Courts Mediation Program site has a variety of resources including an updated roster or mediators who specialize in divorce. While you do not need an attorney to represent you at a mediation, we recommend seeking out an attorney’s advice before signing a stipulation drafted at a mediation as these agreements are binding.

A private guardian ad litem (commonly referred to as a PGAL) is an attorney who is appointed by the Court to represent the child’s best interests during a high conflict situation. The Office of Guardian ad Litem website has more information.

There is a presumption under Utah law that everything acquired during the marriage should be split equally. This applies to both assets and debts. There are exceptions to this general rule, however. Assets that are acquired through gift or inheritance during the marriage are generally treated as separate property of which the other spouse does not have an interest, unless they are commingled with marital assets. Premarital assets are also generally treated as separate property unless they are commingled with marital assets. For instance, if a spouse has a bank account with $10,000 in it on the date of the marriage, and that money sits in a separate account for ten years before one spouse files for divorce, it would generally be treated as a separate asset. Another exception to the general rule is student loan debt. Generally, the party who received the benefit of the education takes on the debt after the marriage ends. 

If the retirement funds were acquired during the marriage, then generally yes. If one spouse sets up a new retirement account during the marriage, then generally the other spouse is entitled to half of the funds in the account as it is valued at the date of trial. However, if there was a premarital retirement account, that is treated separately. For instance, if a spouse had a retirement account with $10,000 in it on the date of the marriage, that account (and its growth) would be treated as separate property while the contributions during the marriage would be treated as marital property.

It should be noted that pensions are treated separately. Pensions are typically divided using the Woodward formula which essentially gives the other spouse half of the value of the account, but only for the years worked during the marriage. For example, if a pension has a value of $40,000 and it was based on 20 years of employment, only ten of which were during the marriage, then the other spouse would be entitled to $10,000. 

Communication during a separation and divorce can sometimes become challenging. Here are some resources to consider:

• Guidelines for communication: Bill Eddy, LCSW, ESQ, developed the BIFF method: be Brief, be Informative, be Friendly, be Firm. Click here for more information on how to respond to hostile communication.
• Resources: These books are great resources for dealing with high conflict divorce and coparenting.
• High Conflict Co Parenting Class: This online class offered by Natalie Malovich, Ph.D., and Cathe Madison, L.C.S.W. consists of ten sessions. Click here for more information.

Give yourself grace. Divorce is one of the most stressful events a person can go through in life, and you are experiencing a massive amount of change and upheaval.

• Nicole Herway, MSW, LCSW offers free consults for couples therapy, trauma therapy, and divorce counseling
• Family Counseling Center provides assistance with couples and families,children’s counseling, domestic violence, and trauma.
• University of Utah Mental Health Institute provides relationship and family counseling among other services.
• Salt Lake County Behavioral Help: There are a wide variety of resources on the County’s landing page.
• Wasatch Behavioral Health: servicing Utah and Wasatch Counties