Le Knapp: What’s the Difference Between a Divorce Trial and a Hearing?

If you’re like most people, you might think that a divorce hearing and a divorce trial are one in the same. In reality, they are similar, but there are a few differences between the two. The following is a quick overview of each:

Divorce Hearing

Divorce hearings are typically used to obtain temporary orders from the court to provide some stability to each spouse’s living situation. Some of the issues most commonly discussed at a divorce hearing include:

Temporary child custody and visitation orders
Temporary child and spousal support arrangements
Which spouse will pay for insurance coverage and the amount of minimum coverage that must be maintained during the course of the divorce
Who will be responsible for making mortgage payments and repairs to the family home during a divorce
Whether one spouse will be responsible for paying the legal fees of the other spouse
Who will take each vehicle and who will make the payments on those vehicles

In general, all decisions made at divorce hearings are temporary in nature.

Divorce Trial

Divorce trials result in permanent decisions for all of the above issues, along with any other issues that come up during the course of the divorce that cannot be settled out of court. Most of the time, spouses and attorneys will try to avoid trial as much as possible, as it is expensive and time-consuming.

If the parties are unable to come to a settlement on all issues before trial, they can at least agree on some beforehand to avoid an overly lengthy process.

Issues to Consider After a Divorce Later in Life

The divorce rate among people over 50 has risen sharply in recent years as more Baby Boomers, the generation with the highest frequency of divorces, have begun to reach retirement age.

Between 1990 and 2014, the divorce rate for adults over 50 doubled, while the rate for adults over age 65 tripled. These divorcees later in life come with a unique set of challenges individuals must navigate.

The following are some actions to take if you are going through a divorce later in life:

Carefully analyze your financial situation: Will you be able to live on the savings you have available after your marriage ends? If not, there’s a chance you may need to seek out at least a part-time job to be able to stay afloat or push off your retirement longer than you had planned.
Consider selling your house: Will you be able to afford property taxes, upkeep and the mortgage (if you’re still making payments) by yourself? And even if you can afford it, will it place too many limitations on your finances in other areas of your life? Selling your home could help free up some assets to be able to more realistically enjoy your retirement years.
Revise your estate plans: As soon as you finalize the divorce, go through all your estate planning documents and make any necessary changes. You should, for example, make sure you have changed your beneficiaries on retirement accounts and insurance policies, while also updating your will so that your former spouse is not included.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.