St. George, Utah Divorce Attorneys
At the Park Law Firm, we understand how emotionally difficult a divorce can be. Our compassionate staff of professionals is ready to assist you through the entire process.
There are a number of issues to consider when filing for a divorce. They include the following:
Custody of children
Divisions of property and assets
Filing for Divorce
Once the decision to divorce has been made, the case must be filed with the Court. In addition to asking that the marriage is dissolved, the Court filing will also request information about what the parties want such as spousal support, debt and property division, custody, child support, visitation, restraints on the use of assets, and attorney’s fees. In some cases, there may also be a request for exclusive possession of the marital home or even a restraining order.
If you are not the person filing the divorce papers in Court, you may be notified of such actions through documents given to you by a process server. These notices may request temporary spousal or child support until a hearing can be held. You should answer all motions by the required deadline. Failure to do so may cause the Court to treat the issues in questions as “admitted,” even if they are false.
Both sides in a lawsuit engage in a process called discovery. This is a necessary step to establish the facts of the case. This includes answering written questions within a set deadline. Both parties may also be required to produce documents to back up their claims. These include things such as tax returns, pays stubs, bank statements, mortgage details, and credit card information.
During the discovery process, both parties may be required to answer questions under oath. During this period both attorneys will be laying out the facts of the case. This may include calling in expert witnesses to testify about the value of a house, business or assets. Expert witnesses are also called to testify about mental and physical health, or which parent should have custody of the children and which parent should have visitation.
In the State of Utah, all couples filing for divorce are required to participate in mediation before trial. This occurs after the divorce complaint has been filed with the Court. Any contested issues that have not already been resolved can be addressed in mediation.
The purpose of mediation is to encourage both parties to collaborate in solving problems outside of the Court. Mediation is often used to address sensitive issues such as the best care for the children in the marriage. The process of mediation allows the parties to resolve their case more quickly with less expense.
The attorneys for both parties are responsible for hiring an agreed upon mediator. The cost of this service will be split between the two sides in the case. In some instances, the mediation can be waived, but only if it is approved by the Court. In cases where the parties are unable to afford a mediator, they may submit an application requesting financial assistance.
Arbitration is a hearing outside the Court in which an agreed upon arbitrator hears arguments, reviews evidence, rules on motions, and determines awards. As with mediation, an arbitrator is hired by both parties who share the cost of this service. An arbitrator can resolve differences faster than bringing those issues to trial. If the parties engage in non-binding arbitration, the awards can be rejected and thus be brought before the Court if necessary.
Hire Experienced Attorneys
Each divorce case is different which is why the Park Law Firm offers individualized counseling. We understand how emotionally challenging a divorce can be. Our professional staff will work hard to get your case resolved as quickly as possible. With offices in St. George and Cedar City, the Park Law Firm is ready to stand by you through the entire process. Call today to speak with one of our attorneys.