What Happens When One Person Does Not Want Divorce?
Divorce lawyers serving the Provo area are often asked what happens when one person doesn’t want a divorce and won’t sign off on divorce papers. The short answer is that it doesn’t matter because it is a judge in a Utah District Court who signs and grants a divorce. When a person does not want to get divorced that person can only delay the divorce process; he/she cannot stop the process. Divorces are achieved quickly when both people agree to the terms of a divorce. One thing a person can do if he/she does not want a divorce is by having a Utah Family Law Attorney filing a petition for conciliation.
Petition for Conciliation in Utah
A petition for conciliation is a legal procedure governed by Utah Code 30-3-16.2 and is an alternative to divorce. This law allows for either spouse to file a petition in a Utah District Court “for the purpose of preserving the marriage by effecting a reconciliation between the parties or an amicable settlement of the controversy between them …” The petition my be filed before the filing of a divorce, annulment, or separate maintenance case.
Once a petition for conciliation is filed, the matter is referred to the court’s domestic relations counselor and the parties can be ordered to attend counseling to work out the controversy. When the petition is filed, it can prohibit either spouse from filing a divorce, annulment, or separate maintenance action for up to 60 days. If a divorce, etc., has already been filed, the pending family law matter can be stayed for 60 days with the filing of a petition for conciliation. Though conciliation petitions are not often used, they can be a useful remedy for a spouse seeking to save a marriage. Those considering a way to save their marriage should talk to a Provo Divorce Lawyer about conciliation.
Contact a Provo Divorce Lawyer Today
If you want to save your marriage and are involved in a divorce, annulment, or separate maintenance proceeding, or if such a proceeding is imminent, contact a Provo Divorce Lawyer today. A Provo Divorce Lawyer will file a petition for conciliation and help you save your marriage. Contact an attorney today at 801.800.8247.
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