If Divorce Is The Destination, Which Path Is Right For You?

Every divorce has a different story. Many individuals come to the decision to have a divorce after years of emotional strain while others reach this conclusion upon the discovery of infidelity. Regardless of your reason Why, once you have made the decision to get a divorce the next most important question you will face is How you are going to get it done.

Though there are many paths that lead to divorce, this is article will provide insight on four common processes that Utah residents can take to get there.

Mediation

Mediation is when spouses use a neutral mediator to help the couple reach agreements about issues such as property distribution, finances, and parent-time. [1] It is important to note that the mediator is not a judge, does not make any decisions for the spouses, and cannot provide legal advice to the parties.

A divorcing couple can mediate their entire divorce, or a portion of it. In cases where the parties go straight to litigation, Utah law generally requires the couple to attend at least one mandatory mediation session in good faith, unless the mediation requirement is excused for good cause.[2]

Though it is not required that each spouse be represented by a lawyer during the mediation, it is strongly recommended when possible.

Once an agreement is made, and signed by the parties, it is submitted to the court as part of the documents necessary to obtain the final divorce decree.

Timing

The timing for mediation depends on the extent of the issues to be resolved. It is possible for a divorce mediation to take as little as 1-2 sessions.

Cost

In addition to court filing fees, the costs associated with a mediated divorce primarily consist of the mediator’s hourly rate, and the rates of any attorneys if present. In most situations, the parties pay for their own attorney and then split the mediator’s fee.

Collaborative Law

Like in mediation, collaborative divorce is a method for getting divorced while avoiding prolonged court battles. However, unlike mediation, collaborative divorce requires each spouse to be represented by an attorney and sign an agreement to commit to the process. [3] 

Depending on the needs of the family, the parties to a collaborative divorce may assemble a team of neutral professionals to assist with troubleshooting complex issues or areas of conflict. A collaborative divorce team may include a trained Mental Health Professional, a Certified Public Accountant, a Child Specialist, or any other neutral professional that can provide professional insight to help resolve conflicts.

If the parties reach an agreement, it is submitted to the court as part of the documents necessary to obtain the final divorce decree.

Timing

A collaborative divorce may be completed in a matter of months, although the timeframe can vary significantly depending on the parties and the complexity of the issues involved.

Cost

The costs in a collaborative divorce depend on the size of the collaborative team. The more team members there are, the greater the total fee. However, outside each spouse’s attorney fees, the parties typically split the costs of the other professional team members.

Litigation

Litigation is the court-based process divorcing couples may use to resolve disputes they cannot resolve on their own or through mediation. Although an attorney is not required, a litigated divorce can get overly complicated very quickly, and it is often in the best interest of the parties to seek legal representation when possible.

Timing

The timeframe for litigation varies substantially. Relatively straightforward contested cases may take several months, while highly contentious cases involving significant assets, custody disputes, or other complex issues can take years.

Cost

The cost associated with a litigated divorce depends on the parties and the number of contested issues. The largest costs are generally the attorney’s fees which in most cases are calculated based on an hourly rate. Thus, the general rule is that the longer the litigation takes, the higher the total cost in fees will be.

Stipulated/Uncontested Divorce

In some cases, divorcing couples are able to reach a complete agreement on their own without any outside help. When spouses can resolve all issues themselves, they may document their agreement and submit the required divorce documents to the court.

Although a lawyer is not necessarily required when the parties are in complete agreement, legal advice can be helpful to ensure the agreement complies with Utah law. If one spouse hires an attorney to assist with an uncontested divorce, that attorney generally represents only the spouse who retained them and cannot offer legal advice to the other spouse. When one spouse hires an attorney, it is wise for the other spouse to consult with a different attorney before signing the agreement.

Timing

Even when the parties have already reached an agreement, Utah generally requires 30 days to pass from the filing of the divorce petition before the final decree can be entered.

Cost

Uncontested divorce fees depend on whether you hire an attorney and the scope of the attorney’s work. If neither party hires an attorney, the primary court-related cost is the filing fee, although other expenses may arise depending on the circumstances of the case.

Takeaway

Just like no two families are the same, every divorce will have its own unique issues and conflicts to overcome. Hence, after making the decision to get a divorce, the most important decision that you can make is how you choose to get there.

If you have any questions about this article or any other related family law issue, please contact the Law Office of J. Peter Jones and schedule a free consultation.

[1] Utah Code § 78B-10-102 (2026).

[2] Utah Code § 81-4-403 (2026).

[3] Utah Code § 78B-19-102 (2026).