What is a No-Court Divorce?

You may have seen advertisements for a “no-court divorce” there are a few things you should know about divorce in Utah before contacting one of these agencies.

“No-Fault” is Not the Same as “No-Court”.

Utah allows for a no-fault divorce, meaning the reason for the divorce is irreconcilable differences. This simply means neither party is alleging adultery, neglect or other damages as the cause of the divorce. Basically, you are telling the court “we’ve given it our best shot and we simply don’t get along and can no longer live as husband and wife.” No-fault divorce may or may not be contested.

Contested or Uncontested

When any issue in the divorce cannot be agreed upon by both parties, such as property and asset division, distribution of debt, spousal or child support or parent time and custody, a divorce is considered contested. Utah law requires that all parties to a contested divorce participate in at least one mediation session in good faith, prior to the court hearing the issue. The court has faith in the mediation process and in the parties' abilities to best resolve their own disputes. Many issues can be resolved in mediation. When parties are unsuccessful in reaching an agreement on one or more issues in mediation, the court will decide the issue and finalize the divorce. Contesting a divorce will not stop the proceedings but merely slow them down.

Uncontested divorces are typically known as a “no-court” divorce because both parties agree to all terms set forth in the proposed divorce, and the respondent (the party who did not initiate the divorce) signs an acceptance and waiver. Uncontested means you and your spouse are able to agree on every detail of the separation and divorce, including the division of all assets and debts as well as custody, parent time, and property. An uncontested divorce can be filed with or without the help of an attorney. If you choose to proceed with an uncontested divorce, without an attorney, you may find the forms online to file your divorce using OCAP (online court assistance program).  

Whether contested or uncontested, emotions run high during a divorce or separation, and agreeing on complex decisions might prove difficult. However, it may be accomplished with the assistance of a mediator.  Mediation provides an opportunity to resolve your conflict in unique and equitable ways designed by you and the other party, not refereed by the court.

Mediation and the “No-Court” Divorce.

Mediation is a useful tool for both contested and uncontested divorces. It can ease the pain of divorce by helping you avoid unnecessary litigation and achieving a peaceful separation.

Mediators cannot represent you or prepare divorce forms for you. Be wary of mediation agencies or practitioners who offer such services. Mediators may provide you with a written memorandum outlining the agreement reached between all parties in a mediation. You may use OCAP to prepare your divorce paperwork and include the mediated agreement in your petition. It is against Utah statute for a mediator to prepare your divorce paperwork for you, even in uncontested “no-court” divorces.

If a no-court divorce is in your future, mediation can be the first step in reaching those important decisions. Reaching agreements early in the divorce process will save you time and money, and allow you to move beyond this difficult period and onto the new life you desire. To schedule an appointment with Utah Family Meditator Rebecca H. Symes call (801) 899-6338.