Salt Lake City Contested Divorce Lawyer
Skillful representation in cases where settlement isn’t an option
When asked whether we want to do something the easy way or the hard way, we naturally choose the former. Unfortunately, with divorce, easy isn’t always an option. After decades of family law practice, Attorney Victoria Cramer knows that divorce settlements can sometimes prove elusive, often for good reasons. A contested divorce is one that must go to trial on one or more issues. In that event, Ms. Cramer is ready to provide the reliable representation you need to pursue the best possible outcome.
Contested vs uncontested divorces
A contested divorce does not mean one spouse is objecting to the dissolution of the marriage. Rather, it means the spouses disagree on the terms of the dissolution they want from the court. These differences stem from concerns over alimony, division of marital property and child custody and support. By contrast, an uncontested divorce is one that avoids a court hearing because the parties have reached a settlement on all issues.
Why contested divorces happen
When both spouses are reasonable and realistic, it’s possible to reach a complete settlement on key divorce issues and avoid trial. However, there may be impediments to a settlement, which can include:
- Resentment over treatment during the marriage
- Psychological issues leading to irrational behavior
- Concern for children stemming from a parent’s history of abuse or unfitness
- Complex property issues
- Challenges to a marital contract
If your soon-to-be ex is determined to place obstacles in the path of a settlement, there is little you can do except pursue the divorce on a contested track. When there are sincere, strongly held differences of opinion, even reasonable parties might not reach agreement through negotiations or mediation. In such cases, your divorce lawyer must have the courtroom skills to deliver results at trial.
What to do if your spouse contests the divorce
A spouse doesn’t have the power to object to the divorce. What a spouse can do is contest, point by point, the elements of the petitioner’s complaint. The contested points can be assertions of fact, characterizations of situations, any conclusions the petitioner has drawn and remedies the petitioner has asked the court to order in the divorce decree. If your spouse files an answer with numerous denials and objections, your divorce attorney will apprise you of your options for resolving those disputes by negotiation, mediation or trial.
Reasons to pursue a contested divorce
Although a contested divorce is generally lengthier, more expensive and more stressful, it may be necessary in order to do any of the following:
- Fight for property that’s rightfully yours
- Force your spouse to disclose and share hidden assets
- Protect your children from an unfit parent
- Oppose your spouse’s efforts to alienate your children’s affections
- Challenge an invalid prenuptial agreement
- Obtain child support over and above statutory guidelines
A knowledgeable attorney can help you to understand the best legal strategies for your situation.
The process for a contested divorce in Utah
A divorce begins when the petitioner files a complaint in county court. The respondent spouse then has 20 to 30 days to file an answer. If the answer contains denials and the respondent files a counter-petition asking the court for different terms, the court will put the divorce case on a contested track. Your attorney can attempt to negotiate a settlement, and you might enter mediation with your spouse to find common ground. However, if your court date rolls around and you haven’t settled every issue, you must ready yourself for trial.
Contact a Utah lawyer experienced in contested divorce
Attorney Victoria Cramer in Salt Lake City provides skillful contested divorce representation for Utah residents. To schedule a consultation, call 801-299-9999 or contact her office online.
