Utah Petition for Conciliation
Utah Family Law Attorney
Problems involving domestic relationships are typically the most emotionally charged problems we can face. Litigation deriving from such disputes such as divorce actions, annulment lawsuits, and separate maintenance actions are some of the most involved cases for both attorneys and their clients because of the emotional nature of such disputes.
In many such cases one party does not wish to divorce, annul the marriage, or separate from his or her spouse. Although dissolving a marriage cannot be prevented indefinitely, Utah has provided a way for spouses who wish to give their marriage a second chance to force the unwilling spouse to at least try to get some kind of professional counseling for the marriage.
The Conciliation Petition
The procedure for forcing a spouse to undergo marriage counseling is called a conciliation action. It is commenced by the filing of a petition for conciliation. The petition must be filed before a divorce, annulment, or separate maintenance action is filed. The purpose of the petition is to preserve “the marriage by effecting a reconciliation between the parties or an amicable settlement of the controversy between them so as to avoid litigation over the issues involved.”
If a spouse is able to successfully get the conciliation petition filed it acts to preclude a divorce action for 60 days. After the conciliation petition has been filed the court will refer the matter to the domestic relations counselor or counselors and will give notice to the spouses. The 60 day period can be cut short if a domestic relations counselor writes a letter to the court informing it that a reconciliation of the parties cannot be effected.
Last Attempt to Save the Marriage
A Petition for conciliation is the final attempt at saving a marriage. Marriage is usually worth saving if it can be saved and the conciliation process may be the way to do it. Contact your Utah family law attorneys at Salcido Law Firm to start the conciliation process. If it works to save your marriage, great; if it doesn’t, we’ll be here to guide you through the divorce process.