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Side-by-Side Comparisons

Mediation vs Litigation

Litigating a Utah divorce runs $15,000 to $100,000 or more. Divorce mediation with divvi is $3,000 or $5,000 and leaves the decision with the two of you rather than a judge — which is why Utah Code § 81-4-403 requires you to attempt it once a spouse files an answer. Modification mediation is a separate price ($750 per person ($1,500 total, split between both parties) for up to 3 hours).

Mediation

$3,000 or $5,000
Divorce mediation, as long as your case needs

Litigation

$15,000–$100,000+
typical total cost

Key Factors at a Glance

FactorMediationLitigation
Cost$3,000 or $5,000 divorce mediation ($750 per person ($1,500 total, split between both parties) modification)$15,000–$100,000+ total
Timeline3–6 months1–3+ years
PrivacyPrivate, not public recordHearings are public record
ControlBoth parties decide outcomeJudge decides for you
Conflict LevelWorks best: low–mediumDesigned for high conflict
ChildrenLess trauma, co-parenting focusAdversarial, more stressful
AttorneyNot required, recommendedAlmost always needed

When should you choose mediation?

☐
You and your spouse can communicate
You don't have to agree on everything — just be willing to talk through it with a neutral third party.
☐
You want to keep costs down
Mediation is a fraction of litigation cost and typically resolves much faster.
☐
You have children
Research consistently shows children fare better when parents resolve disputes outside of courtrooms.
☐
Privacy matters to you
What you say in mediation stays private. Court proceedings are on the public record.
☐
You want control over the outcome
You and your spouse craft the agreement — a judge doesn't impose one on you.

When is litigation the better choice?

☐
There is domestic violence or abuse
Safety comes first. Mediation is not appropriate where there is a power imbalance due to abuse.
☐
One spouse is hiding assets
Litigation gives you discovery tools — subpoenas, depositions, financial disclosures under oath.
☐
Your spouse refuses to participate
If one party won't engage in good faith, a judge can compel participation and issue orders.
☐
High conflict with no common ground
Some divorces are simply too contentious for mediation to be productive.
Is mediation required in Utah?
Once a spouse files an answer contesting the petition, Utah Code § 81-4-403 refers the disputed issues to mediation and the parties must attend at least one session before the case proceeds — so even if you plan to litigate, you will likely be ordered to attempt mediation first. Starting with mediation voluntarily saves time and preserves the relationship.
Does divvi offer mediation?
Yes — divvi offers both paths. If you need help reaching an agreement, divvi Mediate is $3,000 — mediation with a qualified mediator for as long as your case needs, in sessions of 2, 3 or 4 hours, with no additional-hour charge ($1,500 each or $3,000). divvi Mediate Pro is $5,000 ($2,500 each or $5,000) and adds up to 3 hours with a Certified Divorce Financial Analyst and the Premium Parenting Plan. Your case manager prepares your initial filing packet and sends it to you, and you file it with the court yourself. You also send the final pleadings yourself. divvi does not file, submit, or transmit anything to a court. Modification mediation is separate: $750 per person ($1,500 total, split between both parties) for up to 3 hours. AI negotiation (divviResolve) is included free with contested divorce. If you and your spouse have already agreed on the key issues, divvi's free tools guide you through the paperwork, calculate child support, and prepare documents for filing. Either way, divvi prepares the Utah forms you file with the court — for a fraction of the cost of litigation.
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Mediation may fit when both parties can participate safely and negotiate in good faith. Attorney support may be appropriate when there are urgent legal issues, significant power imbalances, contested facts, or safety concerns. Not sure where to start? divviGuide can help you identify a starting path.
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Frequently asked questions

Does divvi offer divorce mediation in Utah?

Yes. divvi Mediate is $3,000 — mediation with a qualified mediator for as long as your case needs, in sessions of 2, 3 or 4 hours, with no additional-hour charge ($1,500 each or $3,000). divvi Mediate Pro is $5,000 ($2,500 each or $5,000) and adds up to 3 hours with a Certified Divorce Financial Analyst and the Premium Parenting Plan. Your case manager prepares your initial filing packet and sends it to you, and you file it with the court yourself. You also send the final pleadings yourself. divvi does not file, submit, or transmit anything to a court. divvi also offers a free do-it-yourself path for couples who have already agreed on everything, so you can use divvi whether you need help reaching an agreement or just help filing one.

How much does divorce mediation cost in Utah?

With divvi, divvi Mediate is $3,000 total (best for couples with less than $500K in assets) and divvi Mediate Pro is $5,000 total (best for couples with $500K or more in assets) — one flat price, with no hour count to watch and no additional-hour charge. By comparison, a litigated Utah divorce commonly runs $15,000 to $100,000 or more once both spouses are paying attorneys.

Is mediation or litigation better for a Utah divorce?

It depends on whether the two of you can negotiate safely. Mediation is usually the better choice when both spouses can communicate in good faith: it costs less, stays private, finishes in months rather than years, and leaves the decisions with the two of you instead of a judge. Litigation is the better path when there is domestic violence or a serious power imbalance, when one spouse is hiding assets, or when one spouse refuses to take part — situations where you need a court’s discovery tools and authority.

Is mediation required in a Utah divorce?

Only once an answer is filed. Under Utah Code § 81-4-403, when your spouse files an answer contesting the petition, the remaining disputed issues are referred to mediation and you must attend at least one session before the case proceeds. If you both agree and sign a stipulation, no answer is filed and the requirement never applies — though many couples still choose mediation voluntarily because it is faster and cheaper than litigating.

How long does divorce mediation take compared to litigation?

A mediated Utah divorce typically resolves in about 3 to 6 months, while a litigated one can take 1 to 3 years or more. Either way, Utah requires a 30-day waiting period after filing before a divorce can be finalized.

Do you need a lawyer for divorce mediation in Utah?

No. An attorney is not required for mediation, though you can bring one or have one review your agreement before you sign. Litigation, by contrast, almost always requires an attorney. Whichever path you choose, divvi prepares the Utah court documents you file with the court.

Utah Divorce Mediation

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