Pro Se Divorces in Utah

By Rebecca Long

The State of Utah has a high rate of parties going through divorce proceedings without a lawyer. An examination of statistics sheds some light on why Utah has such a high rate of cases with lack of legal representation.

Utah is not any less divorce prone than any other State. The Utah divorce rate is at least 4.3 per 1000 which is actually more than the United States divorce rate of 4.1 per 1000. The median age at divorce in Utah for first marriages for husbands is 31 and for wives, 29.

The number of children involved in a Utah divorce is rising rapidly. In 2000, there were more than 10,000 youngsters involved in divorce and the amount currently is a lot higher.

Statistics from 2000, which is the most recent available data, show that 50% of Utah divorces happen within the first 5 years of marriage. In Utah,'% of divorces occur during the first 12 months of marriage.

One possible reason for the low rate of legal representation in Utah is that many residents marry at a young age. Combined with Utah's statistically short marriage spans in divorces, the couple may not have had much opportunity to develop careers and are financially unable to hire an attorney. Also the higher number of divorce cases with children means extra expenses in custody battles that makes legal assistance even more tough to afford.

Attempts are being made this year (2009) by the Utah state courts to determine what percentage of divorces involve parties without legal representation. The courts estimate that approximately 7 out of 10 divorce cases have an unrepresented party. Local Utah attorneys are being encouraged by judges to make an effort to supply services for litigants who are making an attempt to navigate through the legal process without representation.

The Utah state courts are running leaner now because of recent budget cutbacks. Judges and commissioners have less administrative assistance, and are handling a higher volume of cases. The extra stress of having to deal with an unrepresented party is more acute now, as the the efficiency of their court is reduced even further when an attorney is not present to provide the correct procedures and arguments.

Several firms in Utah are responding by providing pay-as-you-go services for pro se litigants that cannot afford a full retainer or by offering free consultations. Some local law firms, like Long Okura, are providing both options. Self-represented parties should consider obtaining help before appearing in court without representation. - 31397

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