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Related Articles from Attorney for Family

Mandatory divorce mediation pushed

The key to resolving a contentious divorce could involve divorcing your attorney. That's what members of an ad hoc committee suggested to Utah lawmakers Monday during a meeting of the Subcommittee on Divorce, Child Custody and Visitation. Committee members pointed to a 12-year study of contested divorces by the University of Virginia, which showed that when divorcing parties were forced to undergo mediation instead of heading to court, 80 percent of those cases reached an out-of-court settlement. Of the cases that were not required to undergo mediation, 80 percent entered a full-blown custody hearing. Court mediator and committee member Brian Florence told lawmakers

Contested divorces require mediation

Couples contemplating a divorce in Utah but who have not resolved everything might be surprised to learn that a year-old law now requires them to take part in mediation before they continue. The law applies only in situations where one party contests the divorce. The couple must find one of the state's 125 court-approved mediators and attend at least one session to hear how mediation works and discuss disputed issues before their case can proceed in court. They don't have to resolve anything, but they are required to take part in good faith. Mediation can be excused in situations involving domestic violence or

Nuptial ban for gays legal?

A new, impartial analysis of a proposed state constitutional amendment to ban gay marriages seems to raise more questions than it answers regarding the potential impact the ballot initiative would have if voters approve it in November. The analysis of Amendment 3 raises the possibility of a conflict with the U.S. Constitution's Equal Protection Clause because it "creates a classification of persons to whom the right to marry is not available." It also raises a question about the amendment's second part, which prevents any other union from being given the same or substantially equal legal effect as a marriage. "The scope of that

Senate to consider divorce mediation bill

Divorcing couples around the state will soon be required to attend at least one mediation session if the Senate agrees with the House and approves HB4. In House debate Wednesday, sponsor Rep. Ben Ferry, R-Corinne, said the trial mediation program in the 3rd District Court has proven effective. His bill, at a cost of around $75,000, would move the program statewide. Ferry said a study of the 3rd District program shows divorces move through the court system faster, with fewer problems, and both men and women agree that because of mediation even two years after the divorce they solve their continuing disagreements

Mediation course set Feb. 4-7 in Ardmore

A Family Law Mediation Course will be conducted Feb. 4-7 at the Holiday Inn in Ardmore. The Mediation Institute sponsors the four-day course, which will start daily at 8 a.m. and end at 6 p.m. Organizers said the course is designed to train individuals to mediate family and divorce differences. The course meets the requirements for professional mediators under the District Court Mediation Act. Those who complete the course will receive a certificate and be qualified to assist in resolving a variety of issues, including child custody and property division. Pre-registration is required. Those wanting to attend the class can call Jim