Common Divorce Questions

  • What is divorce mediation? Will my rights be protected?
    Divorce mediation is a process in which the couple, along with the assistance of a skilled mediator helps them to develop options, consider alternatives, and reach a mutually acceptable agreement to meet the needs of the couple and their family. Our Mediators will take an active approach, offering ideas and suggestions to reach agreements, yet remaining impartial and neutral which means everyone's rights are protected. We emphasize that the couple must take responsibility for making decisions that affect their lives. We are here to guide you and share our expertise on what has worked for other couples and best practices.
  • Why is Mediation less expensive than traditional lawyers?
    With Mediation, we have both parties in the room together and can talk through all aspect of the divorce to reach agreements. This is an efficient process that requires less time, therefore less cost. We assess your individual case and give you a flat fee, so you know what to expect as far as costs are concerned. With lawyers, the process is divided with a lot of back and forth communication and that means more billable hours for the attorney's and more expenses for you.
  • Why is mediation faster and simpler than a courtroom divorce?
    With mediation you will not have to set foot in a courtroom and you won't have to see a judge. Instead you will develop a plan that is agreeable and works for both parties and you will create that plan with the help of a mediator in scheduled sessions. This makes the entire process more efficient. Communications are also transparent, which makes the process much smoother.
  • Do I need an attorney?
    You are not required to have an attorney as part of Mediation, in fact many people divorce without attorneys all the time. If you have an attorney you may retain them for consultation between mediation sessions or to review your documents, however you are responsible for those expenses and fees. Most couples can work through mediation on their own without lawyers.
  • What if I don't want a divorce?
    In Utah, one spouse can get a divorce even if the other does not want it. We understand that comes with a lot of emotions and during mediation, we can help you with the process and make sure you are making good decisions and protecting your future. More details >>
  • How long will my divorce take?
    With mediation, your divorce can take as little as 2 weeks and most take about 6-8 weeks, depending on how agreeable the parties are. This is a fraction of the time it will take when using attorneys and having a judge hear your case.
  • How do we calculate alimony and how long do I have to pay it?
    Here are several factors when considering alimony for a spouse- and we have built an alimony calculator to give you some ranges and guidelines. Click here to use the alimony calculator. During mediation, you and your spouse will discuss reasonable alimony arrangements and we will help you reach an agreement that is fair to both parties.
  • How should I choose a Mediator?
    You will want a mediator with experience, someone who can truly help couples, even in the most contentious situations, reach an agreement. Additionally, you want to have some rapport with your mediator. You will want someone you feel comfortable with when discussing uncomfortable topics. During your initial consultations, this is a good time to ask the mediator about his/her expertise and get a general feel for their personality and mediation style. There are 2 mediation styles, active and passive. We are active mediators, meaning that during the divorce discussions, we are actively involved in problem solving and helping you define solutions that are best for your family.
  • Why should I keep my divorce away from Judges and Attorneys?
    This is your life and you are the most qualified person to make those decisions, not a judge who has only reviewed your case for a few hours. With Mediation, you will be giving the judge a complete divorce decree stating what you and your spouse have agreed to- which means you are in control of you future and have more certainty about the final outcomes.
  • How do I calculate child support ?
    Several factors are considered when calculating child support and it is a complex issue for most couples. We have developed a Child Support Calculator to give you some ideas and the range your payments could be. During mediation, we will discuss what is BEST for the NEEDS of the child and make sure that both parties are in alignment and have the income to support the agreement. We will also discuss expenses related to children that are NOT covered in child support and how to manage that going forward. Click here to use our Child Support Calculator.
  • What is type of custody is best?
    The simple answer is whatever is best for the kids. In almost all cases, it is important for children to have both parents in their lives. They need advice, love and caring from both parents and need both parents as role models in their lives. During mediation we will discuss custody as well as a co-parenting plan that puts the children's needs first.
  • How do we handle tax deductions with respect to the children?
    While we are in mediation, we will discuss the many options for claiming children on tax returns. Our goal is to help you understand the best approaches to be fair to both spouses.
  • How much time do I get to spend with my kids?
    When we develop the co-parenting plan, we will discuss all of the options and help you decide as parents what is best for the children. Additionally, we will give you tools and resources to help you effectively manage communication with respect to the children's schedules.
  • What if I don't like the people my ex spouse dates or marries?
    There isn't much you can do. Once you are divorced, you and your ex-spouse have separate lives.
  • Can I take my kids out of state? Out of the country?
    Yes- during mediation we will discuss the communication process for taking your children on vacations. It is likely both spouses will want to travel with their children and some point and the children should be entitled to that travel experience.
  • How and when do we tell the children we are divorcing?
    This will be one of the most difficult things you will do during your divorce. There are right and wrong ways to tell the children, mostly with respect to the impression you will give them and details you can share. During the mediation process, we outline when it is best to tell the children and give you some tips and strategies for that communication.
  • What is the parenting class?
    In Utah, all divorcing parents with children under the age of 18 are required to take a parenting class provided by the State. The class provides information on parenting through a divorce, managing emotions and the psychological states of parents and children.

Child Support Questions

Custody Questions

Questions about Debts and Assets

Questions about Alimony