An uncontested divorce depends on both spouses agreeing to the terms. If you hit one issue you cannot settle, that does not mean the divorce has to turn into a court fight. You can still negotiate the point, bring in a mediator, or find another way to reach an agreement. SimpleEnding gives spouses a way to work through the terms together before a disagreement takes the case further.
A Disagreement Doesn’t Make a Case Contested
A disagreement during negotiations does not by itself mean you have to abandon an uncontested divorce. What matters is whether you can resolve the issue before it has to be decided by the court. Until that happens, there is still room to adjust the terms, revisit the issue, and work toward an agreement. You may have only one or two questions left to settle while everything else is already agreed.
Resolving an Unresolved Issue
How you handle the disagreement can affect how much time and money the rest of the case takes, so try the simplest options first.
Work Through the Issue Together
Many disagreements can be settled at this stage. One spouse might keep the vehicle while the other receives a larger share of the savings. A debt might stay with one spouse in exchange for certain household property. Parents might adjust holiday time in exchange for a different weekday schedule. Sometimes the solution is simply a different split that both spouses can live with.
Consider Mediation If You Cannot Agree
If the two of you cannot settle the issue on your own, mediation gives you another way to work through it. You do not have to wait for the court to require mediation; you can choose to meet with a mediator while you are still trying to reach an agreement. If contested issues remain after the response to the divorce petition, Utah law generally requires at least one good-faith mediation session before trial, unless an exception applies. The spouses usually split the mediator’s fee, although a judge can order a different arrangement or excuse a party from mediation for good cause.
When You Still Cannot Reach an Agreement
If negotiation and mediation do not resolve the disagreement, the remaining issue may have to be decided by a judge or commissioner. That does not mean starting over on every part of the divorce. You can still agree on the terms you have settled and ask the court to decide only the issue that remains open.
If you reach an agreement before the court makes a decision, you can submit the settlement for approval instead. The judge then reviews the agreement rather than deciding the disputed issue. If no agreement is reached, the court applies Utah law to the matter before it, including equitable principles for property division, support guidelines, and the best interests of the children in custody and parenting matters. The case can still move forward this way, but it will usually take more time and cost more than a fully agreed divorce.
Working Through a Disagreement
A disagreement is usually easier to resolve between the two of you than after it reaches the court. SimpleEnding gives both spouses one place to work through the terms together. If you cannot reach an agreement, you are free to stop. Trying to resolve the disagreement first can keep one unresolved issue from making the rest of the divorce more complicated.
