If, on the off chance, mediation does not result in an agreement, the parties may begin or continue the litigation process. Additionally, it is often the case that even if mediation is not successful on the first attempt, parties may return to it when they realize how costly, time-consuming, and stressful the litigation process is.

Honestly, there are not many situations too complicated for mediation. The parties understand the dispute, and when they have educated the mediator regarding their points of view, the mediator will be able to help them negotiate a mutually beneficial agreement.

Simply put, No. Oftentimes, couples seeking a divorce will go to a mediator instead of lawyers to negotiate the terms of their divorce. When conducted by a quality mediator, these lawyerless mediations reduce stress and produce good results at a price far less than divorces in which each party hires an attorney.

Yes. People may want a lawyer present to help ensure a fair mediated agreement is reached. In fact, in many cases it is preferable to have a lawyer present during mediation to help the parties evaluate offers being made and discuss options and risk.

Note: It is almost always a good idea to have an attorney review a mediated agreement before signing it.

This is only a minor inconvenience. Mediation is often done via conference calls. The success of the mediation is not dependent on being in the same room, but is dependent on the skill of the mediator and the willingness of the parties to negotiate.

This is a common question, especially in divorce and child custody situations. The answer is, “No.” If you do not get along well with the other person, then mediation can be done by what is called “caucus” where the parties are in separate rooms and the mediator shuttles between the parties.

Yes, in Utah what happens in mediation stays in mediation. Neither party can use what is said during mediation in a subsequent court proceeding. Likewise, the mediator cannot divulge what was said during mediation.

Many mediations last between three to four hours. If the dispute is more complicated, then more time may be necessary. If more time is necessary, then mediation can be broken up into multiple sessions on different days, depending on the parties’ wishes and schedules.

The mediation process is actually quite simple, especially when contrasted with the litigation process. Initially, people with disputes agree to mediate, find a mediator, and schedule a mediation. Mediation usually takes place within only a few weeks of initial contact with the mediator. The mediator will usually ask for short typed summaries of the dispute and what exactly each party wants to accomplish during mediation. (If litigation has already begun, the mediator will likely ask for court documents that explain the dispute.) During mediation, each party will tell the mediator about the dispute from their point of view. The mediator will then ask the parties to identify the issues in dispute that need to be resolved. From this point, the mediator will help the parties openly negotiate until each of the issues in dispute is resolved in a way that (1) is acceptable to the parties, and (2) is mutually beneficial.

Once a mediated agreement has been reached, the mediator writes the agreement, and the parties review and sign it. When signed, the agreement becomes a contract and is enforceable in court. (If the mediated agreement is in the context of a parties seeking a divorce, the agreement can serve as the basis for a Decree of Divorce.)

This is often people’s first question, so let’s address it first. While the cost of mediation depends on the complexity of the dispute, the willingness of the parties to negotiate, etc., what is without doubt is mediation is less costly and less stressful than litigation. The hourly cost of mediators themselves varies widely, depending on the mediator’s experience, skill, and education. If lawyers represent the parties during the mediation process, costs will be higher. Again though, mediation is much less costly than litigation.

Yes. Each party should have their own attorney to ensure their rights and specific concerns are properly addressed in the document.

Most prenuptial agreements address how property, assets and debts will be divided in the event of divorce. Some may also include stipulations for spousal support, inheritance or what will happen to your business. Prenups cannot address child custody, visitation or child support issues.

Prenuptial agreements will protect your assets and property. They can also protect you from assuming your spouse’s debt.

A prenuptial agreement is a legal document between two people who will be married. The document needs to be drafted and signed before marriage. A prenup is designed to protect both parties in the event of divorce.

The length of the divorce process can vary depending on the individual issues surrounding the divorce. In most cases, it will take a minimum of three months from the time the petitioner files for divorce before a judge signs the divorce decree, making it final due to Utah’s 90-day waiting period. Divorces that are contested, or that have several complex issues to be resolved, will often take additional time.

Divorces in Utah can be no-fault divorces or fault divorces. The grounds for divorce determine which type it will be. In most cases, couples seek a no-fault divorce because the process is simpler, faster, and less expensive.

Two of the grounds that may be listed on the petition are no-fault grounds, which include irreconcilable differences and living apart for three consecutive years without cohabitation under a decree of separate maintenance by any state.

For a fault divorce, certain grounds must be proven to file a fault divorce. The grounds can include:

  • Impotency at the time of marriage
  • Committing adultery
  • Willful desertion by the respondent for at least a year
  • Willful neglect by the respondent to provide petitioner common necessaries of life
  • Habitual drunkenness of respondent
  • A felony conviction
  • Cruel treatment resulting in bodily injury or mental distress
  • Incurable insanity

Special requirements apply to Utah divorces if there are unsettled or contested issues in the divorce or if the couple has minor children. Contested issues require that the couple go through the mediation process to try and work out as many of their issues as possible without asking a judge to make the decision. When the couple has minor children, they are required to take divorce education classes before a divorce can be issued.

The law states that at least one of the people getting the divorce needs to have lived in a single county within the state for three consecutive months before filing a divorce petition. If there is a custody issue with minor children, in most cases the children need to have resided with at least one of the parents for six months before the divorce petition is filed.

Kirsten pratt
Kirsten pratt
05:26 08 Dec 21
I could not have gone through this divorce without Brown law! They helped me so much and were constantly making sure I was ok. Thank you... for your help. Couldn't have done it without you guys.read more
Dustin Ricks
Dustin Ricks
04:24 07 Dec 21
They went above and beyond what I was expecting. Weekly updates was really helpful knowing they were looking into and taking time to get... things done the right way. Brown family law even sent me an edible arrangement when my grandpa passed away.read more
Shane Call
Shane Call
02:14 04 Dec 21
Clay Randle with Brown law is the best! I’ll start off with my ex wife supposedly had the “best” lawyer in the state known as a “bully”... I’ll just say that after fighting a Temporary restraining order, a false protective order and parent time, we came out on top! Clay is very knowledgeable and always has your back. The biggest thing I learned was that I went against his advice a few times and it came back to bite me! All of you scared fathers out there, you don’t need to be afraid! Hire these guys and they will always have your best interests and your back all the time! I couldn’t be happier with them!read more
Carley Lehauli
Carley Lehauli
16:41 03 Dec 21
I have really enjoyed working with Brown Law. Everyone has been incredibly helpful when we’ve needed it! We’ve been working with Michael... Wunderli and he was great to work with! He was able to help my husband and I get custody of our nephew, who was in foster care at the time! He was very communicative and professional, but also personable. He really cares about his clients and getting the best outcomes. We are so grateful for the work that he put in to helping us and guiding us through the things that we needed to do as well.read more
Gordon Lehauli
Gordon Lehauli
16:35 03 Dec 21
This firm is absolutely amazing. HIGHLY RECOMMENDED for anyone needing assistance with any family matter. We've been working with Michael... Wunderli on getting our nephew back from foster care, with his help we were able to get him out and be a family again! From the front desk to their attorneys, everyone has been professional and so kind, they really make the effort to make sure you felt cared about the moment you walk in. Thank you Brown Family Law!!!read more
Libra8642
Libra8642
22:34 02 Dec 21
Fast results, and very friendly. Always met my needs.
Erika Beeson
Erika Beeson
13:09 02 Dec 21
My interactions with Marco and Brown Family Law have been nothing but amazing. The considerate communication and attention to detail was... much appreciated. I have full trust in the extensive knowledge and experience of the whole team. When working with them, I've never felt more comfortable and confident in knowing my best interests are at the forefront of the task at hand.read more
DarShelle Meyer
DarShelle Meyer
01:24 18 Nov 21
I am extremely happy with my service from Clay Randle and the whole Brown Family Law team. My divorce went much smoother and faster than I... had ever anticipated, which was incredible! Very happy about the work they have done for me. Definitely recommend!!read more
Stacia Gomez
Stacia Gomez
23:16 08 Nov 21
They worked hard to accommodate our unique situation and efficiently resolved my case. I was very happy with their service.
Alex Ortiz
Alex Ortiz
16:56 08 Nov 21
Leilani made this experience so easy , I am thankful for her and the firm.
Crystal Woodsum
Crystal Woodsum
14:32 04 Nov 21
Clay was a pleasure to work with. Very knowledgeable and compassionate. Highly recommended!
Kris Peterson
Kris Peterson
22:41 31 Oct 21
My experience with Brown family law was extremely good. I needed clarification on child support. Marco was very knowledgeable not only on... family law but health law as well. The right attorney for my unique case.read more
Jessica Blackham
Jessica Blackham
21:08 13 Oct 21
I'm so glad I worked with Brown Family Law on my divorce. They have a great no-nonsense approach and were responsive and proactive on my... behalf. They have a knowledgeable and professional team with a stellar track record. I received great council and support whenever needed and they made sure things were taken care of in a timely manner and that I knew what next steps were all along the way. Highly recommend!read more
Alan Hittle
Alan Hittle
22:04 04 Oct 21
Clay and everyone at the firm were great and easy to deal with. My questions were answered and if I need them in the future, I will be... using them.read more
Jeanne Randall
Jeanne Randall
06:13 25 Sep 21
I was nervous going into mediation, but when I met Michael in person he put me at ease. Michael did everything possible to help resolve... this marriage in the shortest time possible. Hopefully I won't need the services again, but if I do I'll certainly use them again. I will also recommend you to my friends and family.read more
JD K3
JD K3
14:22 15 Sep 21
I used three different lawyers during my very lengthy and very messy divorce. When I came across Brown Law I was starting to lose hope that... anyone would be able to help me through this giant mess of a separation and custody. Nathaniel was absolutely incredible. I can’t find enough wonderful words to express my gratitude for everything he did for me and my son during my divorce/custody battle. He was on top of everything, I could call him at any time and get answers, he actually LISTENED to my concerns and helped me achieve the best possible outcome for my son and I. Brown Law contacts every single Wednesday to check in and just see how you’re doing with everything and Nathaniel made it a point to contact me every single Friday to see if I had any questions or concerns about the case. I would recommend Brown Law and especially Nathaniel to anyone going through a divorce. He was able to achieve in less than a year what two other attorneys weren’t able to do in two years. He’s extremely professional, understanding, intelligent, empathic and helpful. Thank you so much Nathaniel and Brown Law!read more
Miriam Bugden
Miriam Bugden
23:26 14 Sep 21
For several years I was married to a lawyer and found it impossible to find representation. Brown Family Law was recommended much later... when an alimony issue arose. I have never been heard, respected, and honored like I was with Brown. My voice counted! I was kept informed weekly and questions and input was welcomed. I give Brown Family Law and Nathaniel Garrabrandt the highest of praise.read more
Danny Levesk
Danny Levesk
00:13 26 Aug 21
Brown Family Law represented me better than I could have ever hoped. Nathaniel was extremely sharp and on point.It was an insanely... difficult time in my life and they definitely helped with the burden and stress.I felt my case got the attention it deserved, far better than any other law firm I've used before, and the only one I'd consider using for future matters.read more
Mary Ward
Mary Ward
02:20 21 Aug 21
Everyone at this firm was wonderful to work with while navigating a very difficult moment in my life. While my divorce was fairly simple... and straight forward, they still communicated with me every single week via text or email...Just to check in with me. They handled everything seamlessly, and they made me feel listened to and taken care of throughout the whole process. The flat fee for the divorce is a game-changer. I didn't have to stress about the needing to email or talk to my lawyer because I was guaranteed a flat fee and a refund if that fee wasn't used in full. I ended up getting almost $2,000 back because they were so efficient. I highly recommend their services.read more
Mike Romano
Mike Romano
13:42 18 Aug 21
Clay was absolutely professional and courteous. He spoke to me like I mattered and was just not would definitely recommend Clay to any of... my friends that may go through the unfortunate experience of divorce.read more
Ana Harding
Ana Harding
19:33 06 Aug 21
Leilani and her partners helped me overcome a major obstacle in my case. They were quick to respond and take action in the beginning of my... case, and made sure I was protected the entire way. Thank you!read more
Catharine Reeder
Catharine Reeder
19:34 05 Aug 21
Nathaniel and Shauna were wonderful. I was recommended Brown Law from a friend who recently went through divorce. I appreciated how well I... was communicated with and that I was able to ask all the questions I needed to about the process and how things needed to work out. I was given all the options for each situation that came up. Nathaniel helped me to weigh the pros and cons of each situation that came up so that I could make good decisions. He was never too busy to walk me through situations or answer questions. I highly recommend Brown Law.read more
David Salazar
David Salazar
15:45 04 Aug 21
Excellent lawyer firm. I found them on Google and based on the reviews, I selected this firm to represent me in my divorce. The reviews... were true, and the firm is great. Very supportive of my rights especially as a father in this day. My lawyer, Leilani Whitmer, was great. She was understanding of my situation, professionally presented me with options throughout my case, and respected my decisions. I always felt in control of my case. I would get weekly phone calls from my attorney with updates. Some calls lasted one minute while others lasted several. I also got text messages from the assistant during the week asking if I needed anything. They were great and copied me on all items filed so I was always in the loop. Their rates are on the higher end, but like most things in life, you get what you pay for. Even though the rates are high, there were very conscientious about my budget and worked with me to ensure our time was used effectively. Also, I love that their firm ONLY does family law. That is a really good sign that shows they specialized in family law as they do not need to go elsewhere to get work. I would definitely recommend Brown Family Law.read more
Wade McCartney
Wade McCartney
23:44 30 Jul 21
Clay Randle at Brown Family Law was great! Concise, focused, excellent advice. Would definitely work with Clay and Brown Law again.
Rex Broderick
Rex Broderick
23:24 24 Jul 21
Sound advice. Great communication. Excellent support while navigating a difficult situation.
Jessica Harris (Utah's Local Expert)
Jessica Harris (Utah's Local Expert)
18:24 16 Jul 21
Used these guys for my divorce. Clayton and the team was truly awesome! After care too was great! Thank you
Amber Worthington
Amber Worthington
05:11 07 Jul 21
We were very happy with Clay at Brown Law! He is professional and very knowledgeable. If you need a family lawyer, he is your guy.
Noleen Warrick
Noleen Warrick
21:36 30 Jun 21
Getting responses from my husband and his attorney has been challenging. Brown Family Law has persevered, been very supportive and helped... to move this forward.read more
Merrick Fonnesbeck
Merrick Fonnesbeck
22:42 21 Jun 21
I am so glad God directed me to Brown Law and Clay Randle. I chose another lawyer initial from a family recommendation. But being in a... different county he was somewhat uncomfortable representing me in my county and being familiar with the legal system judges and commissioners we might interact with during the divorce. He recommended Clay at Brown Law and I couldn't be happier. I felt it was meant to be. Clay was professional, extremely knowledgeable about the people involved and the process, and provided precise information about the process, the issues involved, risks, and outcomes throughout my divorce proceedings. He and his team (Jodi and Lei) provided weekly communication and checking in on me throughout and provided clear understanding of all the paperwork and documents that I needed to supply and sign. Clay took away a lot of the stress, worry, and fear of my divorce and delivered exactly what he said he would, and things went better than I expected. He is tough, up front, kept his cool, and handled things exceptionally well. I would recommend him or anyone at Brown Law for your divorce. You won't regret it.read more
Matt Boucher
Matt Boucher
05:21 25 May 21
Brown Law provided a great service to me and my family. Marco was very open and honest during our consult and he was very personable and... genuine when we met in person. EJ was my personal attorney and he did a great job. He was very open, honest and understanding of your position. He was very realistic.All interaction with Brown Law, wether it be with Jodi or Lei, they were all amazing to contact and take your information on a personal level and make you feel apart of them. All the attorneys have an exemplary background with a multitude of experience and stock in your business. They provide plenty of experienced attorneys to handle several cases, but balance them perfectly to be able to connect on a personal level with each client. Marco’s attorneys make it a priority to be invested in your matter and take the time to know your case intimately. I am very happy and proud that I chose to have Brown Law represent me during my divorce proceeding and I am happy that I went with the high recommendation that was given to me by Nelson Jones, PLLC.Respectfully and much gratitude,Matt Boucherread more
Michael Crowther
Michael Crowther
05:10 25 May 21
They are a great team that cares about getting the best possible result in a very difficult process. Custody battles are so hard to go... through and EJ and Jodi did an excellent job leading me to the finish line. I couldn’t be happier now that I get to spend more precious time with my kids.read more
Vanessa Spencer
Vanessa Spencer
18:07 24 May 21
Nathaniel at Brown law was my attorney when I had to revisit parent time and child support changes. He made the process easy to understand... and was extremely knowledgable and helpful at all times. I am really happy with the end result and would definitely use Brown Law again if needed!read more
Tara Jones
Tara Jones
23:48 18 May 21
Clay and his team were wonderful to work with. They were knowledgeable, professional, personable and provided exceptional communication... along the way. The team took away all the stress and worry and at the end delivered the exact results desired. Couldn't recommend them more.read more
P DeLand (babersgrandma)
P DeLand (babersgrandma)
18:48 17 May 21
I highly recommend Brown Law. My daughter was in need of help with family law. The whole office is supportive. Attorney Leilani Whitmer is... smart, patient, caring and works hard for you.read more
Chris Martinez
Chris Martinez
11:08 17 May 21
Leilani helped me with my paternity case which was a messy situation from the get go. She is very professional and always showed up... prepared. They backed me for a year and a half and I ultimately ended up getting the time I deserve with my son. I would HIGHLY recommend them to anyone who needs a good family law lawyer.read more
Jake Scott
Jake Scott
14:46 07 May 21
Nathaniel Garrabrandt and the team at Brown Law were strong and firm advocates in helping me defend my right to parent time. My ex-wife was... seeking to reduce my parent time with meritless accusations and legal arguments that lacked foundation. Nathaniel helped guide me through the process of rebuffing the personal and legal attack of my ex-wife until finally she realized she had a lot to lose if the case went to trial. She offered to settle and dismiss the case. Nathaniel helped negotiate a settlement that reduce my financial obligations and ensured that my ex-wife could not bring a frivolous and meritless case against me in the future. I recommend the services of Brown Law.read more
Ted Kingston
Ted Kingston
15:54 04 May 21
I appreciated working with Brown Law through my divorce. They were attentive, professional and have an understanding of what my needs... were.I was referred to Brown Law and I would refer anyone to them for any family law services.John, Clay and Jody make a great team!read more
Larry Jacobs
Larry Jacobs
01:53 24 Apr 21
Awesome divorce group! Marco and Michael are terrific!
Matt McPherson
Matt McPherson
14:34 18 Mar 21
Marco was great to discuss my current case with. He took the time to understand our individual needs and was able to answer all our... questions.read more
JD Erickson
JD Erickson
02:56 18 Mar 21
They fixed everything wrong that my 1st Attorney has SCREWED UP! I only wish that i had gound them FIRST! Their staff checked on me and... updated me weekly! Great Communication frim a Lawyer is unheard of. These guys excelled at that!read more
Melissa Gardner
Melissa Gardner
19:08 11 Mar 21
Michael Wunderli helped us through a sensitive family situation. He was amazing! He was very responsive and willing to work with us. He... was proactive and very professional and worked hard on a resolution that was best for everyone. I was impressed with how quickly this situation was able to be resolved and I absolutely recommend this attorney and firm. Thank you.read more