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Utah Divorce Guides

How Divorce Mediation Works in Utah

Divorce mediation is a series of private sessions where a neutral, court-qualified mediator helps the two of you settle the terms of your divorce yourselves — custody, parent-time, support, property and debts — instead of a judge deciding for you. It is voluntary, confidential, and far cheaper and faster than litigating. With divvi, it is divvi Mediate: $3,000 for as much mediation as your case needs with a qualified Utah mediator, and the agreement you reach becomes the divorce documents you file with the court.

What is divorce mediation?

Mediation is a negotiation run by a neutral third party. The mediator does not represent either spouse, does not take a side, and does not decide anything — their job is to help the two of you reach an agreement you both sign. It is less formal than people expect and far less adversarial than a hearing: there is no testimony, no cross-examination, and no ruling. One neutral, one conversation, one agreement.

That is the difference from hiring attorneys, where each of you retains someone whose job is to argue for one side. A mediator works with both of you at once, which is why the same neutral can help you both without a conflict of interest.

How much does divorce mediation cost in Utah?

Private Utah mediators usually bill by the hour, at a few hundred dollars an hour split between the two spouses, so the final bill depends on how many hours it takes — which is the part nobody can tell you up front. divvi prices it as a package instead, so you know the number before you start:

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divvi Mediate — $3,000 total — Best for couples with less than $500K in assets. 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. Includes a divviResolve position assessment, complete court documents generated, edited and signed by both of you, and a detailed step-by-step guide to filing it yourself. The Premium Parenting Plan is a $50 add-on.
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divvi Mediate Pro — $5,000 total — Best for couples with $500K or more in assets. Everything in divvi Mediate, plus up to 3 hours with a Certified Divorce Financial Analyst before mediation — a review of your complete financial picture, with its tax advantages and risks — 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. The asset guide is a suggestion, not a requirement — either package is open to any couple.
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divviEvaluation — $500 total — Agree on almost everything? divviEvaluation is $500 per couple ($250 each): you each answer the questions mediation would ask, get a PDF of where you agree, partly agree and disagree, talk it through in a 30-minute planning session, and get 1 hour of mediation — and the full $500 counts toward either package if you book within 30 days.
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Modification mediation — $1,000 — For changing an existing decree rather than ending a marriage. Paid by the party who asks for the change, once the other party agrees to mediate. No hour limit; if you reach terms, divvi prepares a Memorandum of Understanding for both of you to sign.
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The first call — free — Fifteen minutes to work out whether mediation is even the right room for your situation. divvi will tell you if it is not.

The court’s own filing fee is separate and is paid to the court, not to a mediator: $358 to open a Utah divorce case. If you cannot afford it, you can ask the court to waive it — divvi prepares that motion too.

How does the divorce mediation process work?

Most Utah divorce mediations follow the same shape:

1
A short intake call
You share the basics of your situation and what you disagree about, and confirm mediation is a fit. With divvi this 15-minute call is free.
2
Preparation
Each spouse gathers the numbers that matter — incomes, account balances, the mortgage, the parenting schedule — so the session works from facts rather than guesses.
3
The sessions
You and your spouse meet with the mediator, usually by video. The mediator can keep you in the same room or put you in separate ones and carry proposals between you. You work issue by issue until the open questions are settled.
4
The written agreement
The terms you reach are written up, and with divvi they flow directly into your divorce documents — the Stipulation and, ultimately, the Decree — rather than being a separate errand.

What can you settle in mediation?

Anything the two of you have to decide in a divorce can be mediated:

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Legal and physical custody — who makes decisions for the children and where they live
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Parent-time — the schedule, holidays, exchanges and travel
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Child support — run against Utah's guideline so the number is one a court will accept
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Alimony — whether it is paid, how much, and for how long
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The house and other property — keep, sell, or buy the other out
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Debts — who pays what, and how each name comes off a joint account

You do not have to agree on everything before you start. Mediation is for the issues you are stuck on; the ones you already agree on are simply written down.

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 the parties must attend at least one session before the case can proceed to trial. The requirement is to attend a session, not to settle.

If you both agree and sign a stipulation, no answer is filed and the requirement never applies — but many couples choose mediation voluntarily anyway, because it is faster, cheaper and less stressful than litigating, and it keeps the decisions in their hands.

Do you need a lawyer to mediate?

No. An attorney is not required for mediation. A mediator is a neutral, not anyone's lawyer — they cannot give either of you legal advice or tell you what a judge would decide. If you want someone in your corner, that is a lawyer, and mediating does not stop you having one: you can bring an attorney or have one review the agreement before you sign it. Many people mediate with no lawyer at all.

Can one mediator help both spouses in a Utah divorce?

Yes — one neutral for both of you is what mediation is. A mediator does not represent either spouse, so there is no conflict of interest in working with the two of you at the same time, and no second professional to pay. That is the structural difference from hiring attorneys, where each of you retains someone whose job is to argue one side and the two of them negotiate on your behalf.

The trade-off is real and worth knowing before you book: because the mediator is neutral, they cannot advise either of you, tell you whether a deal is good for you, or predict what a judge would order. If you want someone in your corner, that is a lawyer — and having one does not stop you mediating.

Is what you say in mediation confidential?

Largely, yes. Utah treats communications made in mediation as confidential, which is what lets people say what they actually think and make offers without fear that a rejected proposal will be used against them later in court. There are narrow limits — for example, a threat of harm or evidence of child abuse is not protected — so bring the specifics of your situation to the call and the mediator will be precise about what applies.

What happens after mediation?

The agreements you reach are written into your divorce paperwork — the Divorce Stipulation both spouses sign, and then the Findings and Decree the judge signs. With divvi those documents are generated for you from the terms you settled, in the order a Utah court expects, so mediation moves your case toward a signed decree rather than leaving you with notes and a to-do list. Utah still requires a 30-day waiting period after filing before any divorce is final.

When is mediation not the right choice?

Mediation needs two people who can negotiate safely and honestly. It is not the right room when there has been abuse or you are afraid of your spouse, when there is an active protective order, when one spouse is hiding money, or when one spouse will not participate at all. Say so on the call and divvi will tell you plainly that mediation is not your next step, and point you toward what is. In immediate danger, call 911; the Utah Domestic Violence Coalition line is 1-800-897-LINK (5465), 24 hours.

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Frequently asked questions

How much does divorce mediation cost in Utah?

Utah divorce mediation is commonly billed by the hour, and private mediators in the state typically charge a few hundred dollars an hour, split between the spouses. divvi prices it as a package instead: 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. Agree on almost everything? divviEvaluation is $500 per couple ($250 each): you each answer the questions mediation would ask, get a PDF of where you agree, partly agree and disagree, talk it through in a 30-minute planning session, and get 1 hour of mediation — and the full $500 counts toward either package if you book within 30 days. A contested modification is $1,000, paid by the party who asks for the change, with no hour limit. The 15-minute call to work out whether mediation fits your situation is free, and the court filing fee ($358) is separate and paid to the court, not to a mediator.

Can one mediator help both spouses in a Utah divorce?

Yes, that is what a mediator is. A mediator is a neutral third party rather than anyone's lawyer, so the same person works with both of you at once without a conflict of interest. That is the opposite of hiring attorneys, where each spouse retains someone whose job is to argue one side. The trade-off is that a neutral cannot give either of you legal advice or tell you what a judge would decide; if you want that, it is a lawyer, and you can still have one review the agreement before you sign.

How does divorce mediation work in Utah?

A neutral, court-qualified mediator meets with both spouses, usually by video, over one or more sessions, and helps them settle the terms of the divorce themselves: custody, parent-time, support, property and debts. The mediator does not take a side or decide anything. You work issue by issue until the open questions are settled, and the agreement is written up. With divvi (divvi Mediate or divvi Mediate Pro), those terms flow straight into the divorce documents you file.

What can you settle in divorce mediation?

Anything a divorce has to decide: legal and physical custody, the parent-time schedule, child support (run against Utah's guideline), alimony, the house and other property, and how debts are divided. You do not have to agree on everything before you start, mediation is for the issues you are stuck on, and the ones you already agree on are simply written down.

Is divorce mediation required in Utah?

Only once an answer is filed. Under Utah Code § 81-4-403, when a spouse files an answer contesting the petition, the remaining disputed issues are referred to mediation and the parties must attend at least one session before the case can proceed to trial. The requirement is to attend a session, not to settle. If you both agree and sign a stipulation, no answer is filed and the requirement never applies.

Do you need a lawyer for divorce mediation?

No. A mediator is a neutral, not anyone's lawyer, and an attorney is not required to mediate. The mediator cannot give either spouse legal advice or say what a judge would decide. If you want someone in your corner you can still have your own attorney, including having one review the agreement before you sign it, and mediating does not stop you.

Is divorce mediation confidential in Utah?

Largely, yes. Utah treats communications made in mediation as confidential, which is what lets people speak candidly and make offers without fear a rejected proposal will be used against them in court. There are narrow limits, a threat of harm or evidence of child abuse is not protected, so raise the specifics of your situation and the mediator will be precise about what applies.

What happens after divorce mediation?

The agreements you reach are written into your divorce paperwork, the Stipulation both spouses sign, then the Findings and Decree the judge signs. With divvi those documents are generated from the terms you settled, in the order a Utah court expects, so mediation moves your case toward a signed decree. Utah still requires a 30-day waiting period after filing before a divorce is final.

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