Do I need a lawyer for a divorce in Utah?
When a couple decides to divorce, one of the first questions is: Do I need a lawyer?
The short answer is no — Utah law doesn’t require it.
The wise answer is yes — having a lawyer protects your rights and helps you make informed decisions.
Why hire a lawyer for your divorce
A quote, often attributed to Abraham Lincoln, states, “The man who represents himself has a fool for a client.” This quote rings true in most situations. It applies particularly in emotionally charged and/or complex situations, like divorce.
First, divorce is highly emotional,but good lawyers are objective and not emotional. A good lawyer will tell you your legal rights and options, and will make suggestions based on the law, their training and experience. A good lawyer will tell you what you need to hear, not necessarily what you want to hear, so that you can make informed decisions.
Second, when you enter the world of litigation, you enter a complex realm fraught with rules, procedures, forms, deadlines, case law and judges. The consequences of not adequately knowing the law, legal procedures, etc. can be devastating. Lawyers have been trained in law school. They have a juris doctorate degree, meaning they are experts. They know the law, they know legal procedure and they know the potential traps and pitfalls to avoid. Lawyers will give you legal advice based on their experience in court and with past cases.
Third, judges make decisions based on the law and the facts as they hear them. Lawyers know what judges need to hear to make their decisions. Lawyers know how to present their client’s case in the best possible light. Lawyers know how to exclude bad evidence and protect clients from vexatious litigation.
And finally, good lawyers are efficient and can help you see light at the end of what can seem to be a very dark tunnel. Lawyers are expert problem solvers.
Do I Need a Lawyer for Divorce Mediation?
Divorce mediation is part of the Utah divorce process. While it’s often wise to have a lawyer, many couples successfully resolve their cases without one through Pro Se Mediation — mediation without attorneys. A legally trained mediator can help you come to an agreement and prepare the necessary documents for filing in court.
Pro Tip:
A mediator will not and cannot give you legal advice! A mediator will not explain your legal rights. But a mediator will help you resolve your case and help you file your documents.
Pro Tip:
Not all mediators are created equally. A legally trained mediator is one who has been to law school and has been a practicing lawyer. A legally trained mediator has been in the trenches, understands client problems, has represented both sides of the issues, has won and lost in court, and has fought for the client’s rights. You want a mediator who has been to court and represented real people with real problems in front of real judges. Their experience is invaluable.
Advantages of Pro Se Divorce Mediation in Utah
- Lower Cost
- Faster Resolution
- Controlling the Outcome
- Less Conflict
Mediation is a collaborative process that is respectful and professional. - Confidential Process
With very few exceptions, what is said in mediation is confidential and protected by law. This means that anything said in mediation cannot be used in court hearings or used against you. You can be generous in mediation, but if an agreement is not reached, your generosity will not be used against you in a future decision. Further, court proceedings are public while mediations remain private. You can speak freely in mediations knowing that your words are confidential between the two parties and the mediator.
Divorce cases can drag out for many months or even years. Mediation can resolve your case quickly, even in as little as one mediation session.
Divorce cases resolve one of two ways: either a judge makes a decision and you have to live with it, or the parties agree to an outcome. Mediation is a way to control the outcome without being subject to what the judge decides in court. Judges have many cases to decide. A judge will hear the facts and arguments of a case in court and make a decision that both parties may or may not like. If a judge makes a decision, one thing is clear, both parties must live with that decision, like it or not.
When is Pro Se Mediation a Good fit?
- You and your spouse are getting along well enough to negotiate in good faith.
- You both want to avoid the pain and frustration of litigation.
- You have most things already worked out to your mutual satisfaction.
- You both trust each other with financial information, and you each have a good understanding of your finances, both shared and individual, and there are no hidden assets or liabilities.
- You both want what is best for the kids, and you want the other parent involved in the children’s lives.
- Your case is relatively straightforward and does not involve complex financial or business issues or complex child custody issues.
When Pro Se Mediation may not be a good fit:
- There is a history of domestic violence and intimidation.
- There is low to no trust – one spouse hiding assets, refusing to disclose information, history of deception or dishonesty.
- There are significant and high value assets, business holdings or assets, and high net worth.
- There are high conflict child custody disputes.
What documents are needed to mediate pro se?
You will need to exchange financial information. Both parties need to be fully aware of all assets, incomes, and liabilities, shared and individual. Scott will help you focus on what information is most important.
By law, each party to a divorce must exchange financial information. Following is a link to the court Financial Declaration that should be completed and exchanged by each party prior to mediation. https://www.utcourts.gov/en/self-help/case-categories/family/financial-declaration.html
This form is required in all contested divorces and is extremely useful in the mediation process to account for all financial matters that need resolution. Accurate and complete information brings peace of mind to both parties that negotiations can be done in good faith and informed decisions can be made.
Pro Se Mediation vs. Lawyer-Assisted Mediation in Utah
Pro Se Mediation
No attorneys
- Lower costs and simpler process
- Mediator creates documents and can assist in filing the necessary documents in court.
- Parties meet together and/or separately depending on the parties’ desires and the needs of the mediation.
- The parties pay for only the mediator’s time and court filing fees.
Traditional Mediation
With attorneys
- The parties are separated into their own rooms, virtually or on-site.
- Each party’s lawyer directs the mediation discussion and advises their respective clients and explains their rights and options.
- Scott facilitates the discussion, going back and forth between the parties and their lawyers until an agreement is reached.
- As the discussion progresses, attorneys prepare and exchange documents, until agreements are reached. At that time, final documents are prepared and signed.
- The parties each pay both their respective lawyers and split the cost of the mediator.
Costs of Pro Se Mediation in Utah
Every case is different, and costs will vary based on the mediator’s time. Pro Se Mediation is usually much less expensive than when parties have lawyers and can save thousands in litigation fees. Typical mediation costs include:
- Mediator’s hourly rate paid at the end of each mediation session.
- Mediator’s hourly rate to prepare and file documents.
Common Questions About Pro Se Divorce Mediation
Is the mediator allowed to give legal advice?
No. As a neutral third party, Scott facilitates the process and ensures compliance, but he doesn’t advocate for one spouse or the other. However, his legal background ensures agreements are drafted properly and filed correctly.
Can we still consult an attorney if we go Pro Se?
Yes, of course. Some clients choose to have a lawyer review the final agreement before signing, while still saving money by not having attorneys throughout the process. Some clients consult with an attorney prior to the mediation to ensure they know their rights and obligations.
What if we can’t agree on everything?
Even partial agreements save time and money. The remaining issues can be decided by the court or during a future mediation. At least, after one good-faith mediation, you have complied with the legal requirement to mediate.
Why Mediate with Scott?
Start with a Free Mediation Consultation
If you’re considering divorce in Utah and wondering whether you need a lawyer for mediation, the next step is to talk it through with a trusted professional.
Scott offers a free, no-obligation consultation where you can learn about the mediation process and decide whether Pro Se Mediation is right for you.
A final word on Pro Se Mediation for Utah Divorce
While it is usually wise to have a lawyer in a divorce case, you don’t always need an attorney to go through the process of divorce mediation in Utah. For many couples, Pro Se Mediation provides a respectful and cost-effective path to resolving conflicts and finalizing a divorce. With Scott P. Card’s experience as both an attorney and mediator, couples in Provo and Utah County and elsewhere can navigate divorce with respect and dignity — and create a pathway for healthier futures.
