Petition for Divorce & Parenting Plan

The divorce process begins with filing a Petition for Divorce, which provides the court with basic information such as the length of the marriage, whether children are involved, residence, employment and income information, and other relevant facts. The Petition also outlines requests regarding division of assets, alimony, child support, and other relief.

In cases involving minor children, the filing party must also submit a proposed Parenting Plan. This plan outlines each parent’s proposed custody and parenting time schedule and addresses how major decisions regarding the children will be made.

Physical Custody vs. Legal Custody

Physical custody refers to where the children live and how parenting time is divided.

• Sole physical custody means one parent has the majority of parent-time, while the other parent has limited time, such as every-other-weekend.

• Joint physical custody means both parents share significant time with the children, sometimes close to a 50/50 schedule. Common schedules include alternating weeks or a 2-2-5 schedule, such as Monday/Tuesday to one parent, Wednesday/Thursday to the other, with alternating weekends.

Legal custody refers to decision-making authority regarding the children, including matters such as medical care, education, and other major life decisions. Parents may share joint legal custody even if physical custody is not equal. The court may order one parent to have final decision-making authority or require the parents to make decisions together.

After filing the Petition and proposed Parenting Plan, the other party must file an Answer and may also file a Counter-Petition for Divorce, outlining their own requests regarding custody, parenting time, child support, property division, and other matters.

Financial Disclosures

What are Financial Disclosures?
Financial Disclosures in a divorce-action are very important and they include important documents such as tax forms, W-2 statements, bank account information, pay stubs, etc. Both parties must exchange these documents so there is no hiding of assets, and the Court can determine appropriate alimony.

Remember that alimony is a payment from the husband to the wife. Let’s suppose that the husband has been the primary financial provider during the marriage and the wife has been a stay-at-home caretaker of the minor children. Upon filing for divorce, mother may find that she lacks sufficient resources to pay her bills and requests alimony from husband.

In comparison, child support is money that is awarded to the children but paid directly to the other parent, such as mother paying father child support. In order to determine the appropriate division of bank accounts, awards of alimony and child support, the court must evaluate both parties’ financial disclosures and these are signed by the parties.

The court commissioner will use these documents for temporary orders—orders that apply while the parties undergo the divorce action—and for final trial orders at trial before the district court judge if the parties proceed to trial.

Protecting Assets During Divorce

Some clients ask whether a spouse can hide bank accounts or other assets during a divorce. Once the Petition for Divorce is filed, the court automatically issues a Domestic Relations Injunction, which generally prohibits either spouse from closing joint bank accounts or transferring assets in ways that could affect the other spouse’s rights.

This injunction can also apply to sole accounts or other property that may be considered marital. If a party violates the injunction—for example, by closing an account without the other party’s consent—the other spouse can file a motion to enforce. The court may then impose penalties on the party who violated the order.

Temporary Orders

Divorces can take time—sometimes months or even longer. Thus, what happens in the meantime, after filing for divorce, especially when one spouse needs financial support? When a party files for divorce in the District Court, the case is assigned to a Commissioner and a District Court Judge.

Temporary orders are used to address these issues while the divorce is pending.

For example, if the wife has relied on the husband’s income during the marriage and needs financial assistance covering her expenses while the divorce is in progress, she can file a Verified Motion for Temporary Orders. In that motion, she can ask the Court to award temporary alimony or other financial support so she can continue paying her bills while the divorce case proceeds to resolution in mediation or trial.

Another issue is husband and wife living in the same house while undergoing a divorce. This can lead to problems where emotions escalate because they are undergoing a divorce but meeting with their individual lawyers, for example, while residing in the same house.

What happens if neither spouse wants to leave the house? For example, husband can file a Verified Motion for Temporary Orders and request a court hearing with the Court Commissioner (a licensed attorney). In response, wife may file an Answer to the Verified Motion for Temporary Orders and the parties will proceed to a hearing.

Both parties will make oral arguments through their attorneys, or pro se if they are unrepresented, and the Commissioner will determine which party is ordered to leave the house within 30 days, for example. The Commissioner may also issue temporary orders awarding the spouses joint physical custody of the children or sole physical custody to one spouse with the other spouse exercising parent-time.

The Commissioner can also award temporary alimony and an order of child support based upon the incomes of the parties, if appropriate.

At the conclusion of the hearing, the Commissioner will ask one of the lawyers to prepare the order. The attorneys will evaluate the order together and submit a proposed order to the court for review and signature as an approved order that the parties must follow during the pendency of the litigation until the divorce is finalized.

These Temporary Orders help provide stability during the divorce litigation. Temporary Orders can also be modified at the time of trial by the District Court.

For example, Carolyn represented a client who was the husband and a stay-at-home father for 10 years. During the divorce, the Commissioner ordered the wife to pay him temporary alimony. At trial, the District Court Judge did not require the wife to continue paying alimony after the divorce because the judge offset alimony with other divisions of marital property, such as awarding the marital home to the husband.

Mediation

What is mediation? Think of mediation like a guided negotiation process. In a stressful divorce, how can a husband and wife reach an agreement without proceeding to trial? That is where mediation comes in.

Mediation involves a neutral third party—called a mediator—who is often an attorney himself and assists both parties in working towards a final settlement agreement. Many mediators are former Court Commissioners or retired district court judges.

Each spouse usually attends mediation with their attorney present. Sometimes everyone sits at the same table with the mediator in the middle; other times, each party is located in a separate room and the mediator moves between them, a process called a caucus. Many mediations are now conducted through Zoom.

During the mediation, both parties pay half of the mediator’s costs, which are due on the day of the mediation. Both parties must agree on the mediator.

The goal of mediation is to reach common ground and finalize a divorce agreement, helping the parties avoid the time, expense, and emotional stress of going to trial.

Around 95% of divorce cases are resolved through mediation. Mediation helps parties save money, conclude the matter more efficiently, keep children out of conflict, and move forward with their lives.

While many divorces are resolved through mediation, not every case reaches an agreement. Carolyn brings extensive experience in bench trials, giving her clients confidence whether the case resolves in mediation or requires litigation in court.

Settlement Agreement

If the parties reach a settlement during mediation, they will sign a Settlement Agreement. This agreement outlines the resolution of key issues in the divorce, including:

• Custody of the minor children, including physical custody and legal custody

• Parenting time schedules

• Child support payments, if applicable

• Alimony or spousal support, if applicable

• Division of marital assets and personal property

• Division of the marital home

• Division of bank accounts and retirement accounts

• Restoration of a former name, if desired

• Other orders necessary to resolve the parties’ financial and parental matters

Once finalized, the Settlement Agreement is signed by both parties and their attorneys. The agreement is then filed with the court along with Proposed Findings of Fact and Conclusions of Law and a proposed Decree of Divorce.

Decree of Divorce

After mediation or trial, the attorney prepares the Findings of Fact and Conclusions of Law and the final Decree of Divorce, which are submitted to the court for the judge’s signature.

The language in the Decree mirrors the Stipulation but is written formally.

With the Decree signed, the divorce is officially finalized, giving both parties closure and a clear path forward.

Utah also requires divorcing parents to complete a Parenting Class. Utah law imposes a 30-day waiting period from the date a Petition for Divorce is filed before the court can finalize the divorce.

Discovery

Discovery allows each party to learn about the other party’s finances, employment, assets, debts, and positions on disputed issues. It is governed by Rule 26 of the Utah Rules of Civil Procedure.

Discovery includes:

• Requests for admissions

• Interrogatories

• Requests for production of documents

Most divorce cases are assigned to Tier 2, allowing 180 days to complete discovery. Properly handled discovery can significantly impact the outcome of a divorce case.

Depositions

Depositions involve a party or witness answering oral questions under oath outside of court. Depositions are used to preserve testimony, clarify disputed facts, and evaluate credibility.

Inconsistencies in testimony can significantly impact a court’s decision.

Proceeding to Trial

When mediation does not result in an agreement, the case may proceed to trial. Divorce trials typically last one to three days and result in a final order resolving all matters.

Carolyn has extensive experience in bench trials and served as a Justice Court Judge for six years. Judges in Utah apply an equitable standard, seeking fair and balanced outcomes.

With Carolyn’s guidance, your case will be handled strategically and thoughtfully—whether through settlement or trial.

Divorce and custody disputes can feel overwhelming, especially when your children, finances, and personal well-being are at stake. Carolyn E. Howard provides experienced, strategic representation to help you move forward with clarity and confidence.