How to Divorce -- How Long?

TYPICAL DIVORCE QUESTIONS

            Most clients usually have the same fears and questions with respect to their divorce.  Below are two of the most common questions that clients ask, and their answers (which may be unsatisfying to some. 

Will I Win?

            What do you want to win?  Because a divorce case involves families and emotions, determining victory can be difficult to do.  A common saying is that no one wins in a divorce case.  This is especially true when the battle becomes bitter and long.  You can measure victory by how little you have to move from your position or you can measure victory (when children are involved) by how intact your children’s relations will be with both of you when the divorce is over.  If your intent is to punish your spouse or win by way of an all-out, no-holds-barred victory, such a goal is probably unattainable and will only lead to frustration.  Such a goal also leads to longer and more expensive divorces, which can be good for the lawyers, but not for the family. 

How Long Will the Divorce Take?

            Utah requires a 90 day waiting period unless such period is waived by the Court.  Recent emphasis on the waiting period has made it increasingly difficult to obtain a waiver from the Court.  Thus, even if there is a quick settlement, you will likely need to wait the 90 days.  Certain factors to consider when analyzing how long a divorce will take include:

(1) The type, number, and complexity of the contested issues;

(2) The desire of the parties to set aside their emotions and their willingness to settle;

(3) The attitude and litigious nature of your spouse; and

(4) The desire for litigation of the lawyer of your spouse.

Experience shows that the single most important factor in the length of a divorce is the intensity of the feelings between the parties.