When you and your spouse can’t agree on the terms of your separation, the legal system calls it a “contested divorce.” It simply means there is a disagreement on at least one significant issue, from dividing your property to creating a parenting plan for your children. It does not automatically signal a bitter, drawn-out courtroom war.

Utah’s legal system provides a clear, step-by-step framework to help families untangle their lives and find a fair resolution. The goal is to move from disagreement to a final, legally binding agreement that allows everyone to move forward.

If you’re facing a divorce with unresolved issues, you aren’t alone, and there is a clear way ahead. Our team at RCG Law Group can answer your questions and bring clarity to your situation. Call us for a consultation at (801) 893-2887.

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Richfield Contested Divorce Guide

Key Takeaways for Contested Divorce in Utah

A “contested” divorce just means there’s a disagreement. This is the legal term for any divorce where spouses haven’t reached a full agreement on property, support, or child-related issues before filing.
Mediation is a mandatory step before you go to trial. Utah law requires couples to try to resolve their differences with a neutral mediator, and a great number of cases settle at this stage without a judge ever making the final decisions.
The standard for all decisions is “equitable,” not necessarily equal. For property division and alimony, Utah courts aim for a fair outcome based on many factors, which may or may not result in a 50/50 split.

Why Choose RCG Law Group to Guide You Through Your Divorce?

When your family’s future is on the line, you need a legal team that understands both the law and the local landscape. Our firm is built on deep Utah roots, and we are committed to providing direct, steady, and compassionate legal counsel to families across the state.

Decades of Focused Experience: Our attorneys bring more than 50 years of combined experience, having helped over 3,000 clients with sensitive family law matters. Our practice is dedicated to Utah divorce and family law, which allows us to stay current on the specific statutes and court procedures that will shape your case.
Recognized by Peers and Clients: Our commitment is reflected in the recognition we have received, including listings in Super Lawyers Rising Stars, a 10.0 Avvo Top Attorney Rating, and the Martindale-Hubbell AV Preeminent rating—a sign of our high standing in the legal community.
A Team Rooted in Utah: We are not a national firm with a satellite office. Our Richfield divorce attorneys were born, educated, and have built their careers here in Utah. We understand the local court systems, including the Sixth District Court serving Richfield, and the values that matter in our communities.
Direct, Personal Attention: We believe you deserve to speak directly with the attorney handling your case. We prioritize clear communication and a personal connection with every client, ensuring you are informed and involved at every stage.

What Are the Grounds for Divorce in Utah?

Before a court grants a divorce, it needs a legal reason, or “grounds.” While Utah law lists several fault-based reasons, such as adultery or willful desertion, the vast majority of divorces are filed on the no-fault ground of “irreconcilable differences.” This simply means the marriage has broken down to a point where it cannot be repaired.

Choosing irreconcilable differences avoids the need to prove misconduct in court, which typically makes the process less contentious and more focused on resolving the practical issues at hand, like property division and custody.

The Path Forward: Key Stages of a Contested Divorce in Utah

Here are the key stages you should expect:

Filing the Petition for Divorce: The process starts when one spouse, the “Petitioner,” files a formal complaint with the court. This document outlines their requests regarding property, support, and custody.
The Response and Counterclaim: The other spouse, the “Respondent,” has a limited time (usually 21 days if served in Utah) to file an answer. They could agree with some points, disagree with others, and file a counterclaim detailing what they want the court to order.
Temporary Orders: Life doesn’t pause for a divorce. While the case is ongoing, the court may issue temporary orders that establish rules for who stays in the house, a temporary parent-time schedule, and who pays certain bills.
The Discovery Process: This is the formal information-gathering phase. Both sides exchange financial documents, property appraisals, and other evidence. Think of it as putting all the cards on the table so that decisions are based on facts, not assumptions.
Mediation (A Required Step): Before you go to trial in Utah, the law requires you to attend mediation with a neutral third party. The mediator’s job is to help you and your spouse find common ground and reach a settlement. Many contested cases are successfully resolved here.
Trial: If mediation fails, a judge will hear evidence from both sides at a trial. The judge then makes the final, binding decisions on all unresolved issues. This is the last resort when all other attempts at resolution have been unsuccessful.

A Deeper Look: What Is the Discovery Process?

The “discovery” phase is where each side formally requests and obtains information from the other. It is a cornerstone of the legal process, designed to ensure both parties have access to the same set of facts before making any decisions. This stage involves several tools:

Initial Disclosures: Early in the case, both parties must automatically exchange certain fundamental information without waiting for a request. This typically includes a list of potential witnesses and copies of documents that support their claims.
Interrogatories: These are written questions sent to the other party, which must be answered in writing and under oath. For example, you might ask your spouse to list all known assets or sources of income.
Requests for Production of Documents: This is a formal request for specific documents, such as bank statements, tax returns, deeds to property, or business records.
Requests for Admission: These are written statements that the other party is asked to either admit or deny. Admitting a statement simplifies the issues that need to be decided at trial.
Depositions: A deposition is out-of-court testimony given under oath. Attorneys for both sides are present and ask questions of the witness, which could be your spouse, a financial expert, or another relevant person. The testimony is recorded by a court reporter.

This information exchange is intended to prevent surprises at trial and encourage a fair settlement based on a complete financial picture.

The Core Issues: A Closer Look at What’s at Stake

The court’s guiding principle is fairness, or what the law refers to as “equity.”

How Is Property Divided in a Richfield Divorce?

Utah is an equitable distribution state, which means the court divides marital property in a way it finds fair under the specific circumstances of your case. The court will look at factors like the length of the marriage, each spouse’s age and health, their earning capacity, and their contributions to the marriage, including non-financial ones like homemaking.

Marital vs. Separate Property: A key part of this process is identifying what is considered marital property (assets and debts acquired during the marriage) versus separate property (like inheritances or gifts received by only one spouse). Our high asset divorce lawyers will help you properly classify your assets to protect what is rightfully yours.

Handling a Family Business or Other Complicated Assets: Dividing assets like a family business, retirement accounts (which usually require a special court order called a QDRO), or farm property requires careful handling. A business started during the marriage is typically considered a marital asset. Even a business owned before the marriage may have a marital component if its value increased due to joint efforts or marital funds were invested in it. We have the experience to address these situations and ensure a fair valuation and distribution.

Will Alimony Be a Factor in My Case?

Alimony, or spousal support, is not guaranteed in Utah. A judge will look at many factors to decide if alimony is appropriate, which includes the following factors:

The financial needs of the spouse requesting support.
The other spouse’s ability to pay.
The length of the marriage.
The standard of living enjoyed during the marriage.
Whether the requesting spouse has custody of minor children.

In most cases, alimony cannot be ordered for a duration longer than the marriage itself.

How Are Child Custody and Parent-Time Decided?

When children are involved, all custody decisions are based on a single standard: the “best interests of the child.” This is the court’s only priority, and it is the standard by which all arguments are measured. The court will consider a list of factors such as, each parent’s ability to meet the child’s needs and the bond between the child and each parent.

Legal vs. Physical Custody: It’s helpful to understand the difference between these two ideas. Legal custody refers to the right to make major decisions about a child’s life (e.g., healthcare, education, religion). Physical custody refers to where the child lives primarily. The court could award these jointly or solely to one parent.

Parent-Time Schedules: Utah has standard parent-time guidelines that provide a baseline, but these could be adjusted. We help you pursue a schedule tailored to your family’s unique situation while always keeping the child’s well-being at the forefront.

What Is a Guardian ad Litem and Will One Be Appointed?

In highly contentious custody disputes, especially when there are allegations of abuse or neglect, the court may appoint a Guardian ad Litem (GAL). A GAL is an attorney whose sole job is to represent the child’s best interests. They do not work for either parent.

The GAL will conduct an independent investigation by interviewing the parents, the child, teachers, and therapists. They review relevant documents and observe the parent-child interactions. At the end of their investigation, the GAL makes a recommendation to the court regarding custody and parent-time. While a judge makes the final decision, a GAL’s report carries significant weight.

What if My Spouse Isn’t Following Court Orders?

Once a judge issues an order, it is legally binding. If your spouse refuses to pay court-ordered support, transfer property, or follow the parent-time schedule, you have legal options. You could file a Motion to Enforce Order with the court.

This asks the judge to step in and compel your spouse to comply. If the violation is proven, the court may hold the non-compliant spouse in contempt, which may result in fines, paying your attorney’s fees, or even jail time in serious cases. The court also could issue judgments for unpaid support, allowing for remedies like wage garnishment.

Protecting Yourself and Your Future: Practical Steps to Take Now

While your legal team handles the formal process, there are things you should do to protect your interests and prepare for the road ahead. Sensible actions now make a real difference in your case.

Don’t:

Post about your divorce, your spouse, or your case on social media.
Make large financial changes, sell assets, or take on new debt without speaking to an attorney.
Involve your children in the conflict or use them as messengers.
Rely on legal advice from well-meaning friends whose situations were different.

Do:

Set all your profiles to private. Remember that anything you post such as photos, comments, or updates could potentially be used as evidence.
Start gathering important financial documents. This includes tax returns, pay stubs, bank statements, credit card bills, and retirement account statements.
Focus on consistent and reassuring co-parenting. Keep conversations about the legal side of the divorce strictly between the adults.
Keep a private journal to document important events, conversations with your spouse, and expenses related to the divorce. This is a valuable tool for recalling details later.

Frequently Asked Questions About Contested Divorce in Utah

How long will my contested divorce in Richfield take?

The timeline varies depending on the level of conflict. A case with one or two disputed issues might resolve in a few months, while a high-conflict divorce could take a year or more. Utah has a mandatory 30-day waiting period after filing, but the full process almost always lasts much longer.

Can we still settle the case after a divorce has been filed?

Absolutely. In fact, most cases do settle before a trial. You could reach an agreement at any point, through direct negotiation between attorneys or during the required mediation process. A settlement gives you more control over the outcome than leaving decisions up to a judge.

What if I suspect my spouse is hiding assets?

The formal “discovery” process is designed to address this. We use legal tools like subpoenas, depositions, and formal requests for documents to require your spouse to disclose all financial information. This process is built to ensure transparency and uncover any assets that have not been voluntarily shared.

Can I change the locks on the house?

If the house is a marital asset (meaning it was acquired or paid for during the marriage), you generally cannot lock your spouse out without a specific court order, even if their name isn’t on the title. This action could be viewed negatively by a judge and harm your position in the case.

How can I keep the costs of a contested divorce down?

The best ways to control costs are to be organized, responsive to your attorney’s requests for information, and willing to compromise during mediation. The more issues you and your spouse agree on without court intervention, the less time and expense will be needed to finalize your divorce.

Take the First Step Toward a Clearer Future

team-updatedcleve — Cleve Burns Richfield Contested Divorce Lawyer

Having a clear understanding of the divorce process and a knowledgeable guide by your side makes all the difference. The sooner we begin protecting your interests, the stronger your position will be.

If you are ready to discuss your situation with an experienced Richfield contested divorce lawyer, call our team at RCG Law Group today at (801) 893-2887.