Questions on property division keep many from filing for divorce

For Utah spouses who are involved in a marriage that is simply not working, a number of factors may lead to a delay in filing for divorce. In many cases, fear and uncertainty about the divorce process is behind the reluctance to file. It is normal for spouses to have questions and concerns about the property division process and other aspects of a divorce, but allowing these uncertainties to delay moving forward is not likely to yield any form of positive change.

When considering filing for divorce, it is important to acknowledge that just as no two marriages are alike, no two divorce proceedings will be an exact replica. The legal end of a marriage will be shaped by the attitudes, financial standing and other circumstances unique to the couple at the center of the process. In this way, it is impossible to accurately predict the timeframe needed to finalize a Utah divorce.

When dealing with the financial side of the process, the property division specifics will be shaped according to the complexity of the family's financial holdings. Couples with significant investment assets or multiple real estate holdings will have a more involved negotiation process than a couple that has not amassed similar wealth. Property division can also become troublesome if one party refuses to budge on a number of negotiation matters, which can stall the process and lead to the need to litigate the divorce.

While it may not be possible to know exactly how long a divorce will take to be finalized, uncertainty about the process should not keep spouses from filing. As with any major undertaking, the process will not have a chance of ending until it has been initiated. Many questions of property division and other significant negotiation matters can be answered by one's divorce attorney, but at the end of the day, the length of time required to end a Utah marriage will largely depend on the parties themselves.

Source: Huffington Post, "Divorce: Should I Stay or Should I Go?" Carla Schiff Donnelly, July 24, 2013

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