How To File For Divorce in Utah

We understand that filing for divorce in Utah can be an intimidating and overwhelming process, but we are here to simplify the process for you. In this guide, we will take you through the step-by-step process for obtaining a divorce in Utah. (Please note that if you or your spouse are military service members, this process may vary.)

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Residency requirement

To file for divorce in Utah, the petitioner or their spouse must have established residency in Utah for a minimum of three months prior to filing the divorce petition. This residency requirement applies to both civilian and military spouses. If the petitioner is a military service member stationed in Utah but not a legal resident, they must have lived in Utah for at least three months before initiating the divorce proceedings.

How to start a divorce in Utah

In Utah, the divorce process is started by filing a petition for divorce. The petition must state that the residency requirement has been satisfied and must state the grounds for divorce and the proposed terms of the divorce regarding the division of assets and debts, child custody, parent time, and support, and any other issues related to the dissolution of the marriage. In Utah, a divorce can be granted on various grounds; however, "irreconcilable differences" is the most common ground. Simply stating that the marriage is not working out is a sufficient reason for the court to grant a divorce. The filing fee charged by the court is $330, but if you are unable to pay, you can apply for a fee waiver.

Domestic relations injunction

When filing for divorce in Utah, the Court immediately issues what's called a "domestic relations injunction", which is a court order that prohibits either party from emptying bank accounts, selling off assets, withholding parent time with children, harassing the other party, modifying insurance policies, or taking other unreasonable action which is harmful to the other party. Utah Rule of Civil Procedure 109 requires that this injunction be issued automatically as soon as a petition is filed. The petitioner is subject to the injunction upon filing, whereas the respondent becomes subject to it only after receiving a copy from the petitioner. It is important to provide the respondent with a copy of the injunction along with the petition to ensure that they are aware of its terms and are prevented from taking action that harms you.

Serving the petition

Before a divorce petition can be granted, the petitioner filing for divorce in Utah must serve the petition, a summons, and other necessary documents on the other party, who is referred to as the "respondent", within 120 days of filing. Utah Rule of Civil Procedure 4 requires this. The petition must be served by an adult other than the petitioner. Usually a professional process server is hired to serve divorce papers. If respondent will agree to sign an "acceptance of service" form, that will satisfy the service requirement. After service is completed, the petitioner must file proof of service with the court.

Respondent's options

After being served, the respondent must respond to the petition within 21 days, if they live in Utah, or 30 days, if they live out-of-state. If the respondent does not respond, then a default judgment can be sought against them and the court will usually grant the relief requested in the petition as-is.

When served with a divorce petition, a respondent has several options. In an uncontested divorce, the simplest option is for the respondent to sign a stipulation stating that he or she agrees with the content of the petition and consents to it being granted as-is. If the respondent disagrees with what is being requested in the petition, i.e., contests the divorce, then respondent must file an answer stating what specifically he or she disagrees with and, sometimes, a counter-petition requesting alternative relief.

Initial disclosures

After respondent has answered, the parties must make disclosures to each other regarding their finances and evidence or witnesses they may want to present if their case ever went to trial. The party filing for divorce in Utah has 14 days after the answer is filed to submit these disclosures to the other party. The other party has the same deadline.

Divorce education courses

Utah law requires divorcing parents of minor children to each complete two Mandatory Divorce Education Courses. The court will not grant the parties a divorce unless proof of completion of these courses has been filed or a request to waive this requirement has been granted. These courses can be completed online and the fees charged are $30 for one and $35 for the other, but you can apply for a fee waiver. When filing for divorce in Utah, it's best to get take these courses early.

Mandatory mediation

When filing for divorce in Utah, mediation is mandatory for contested cases In these cases, the court will require at least one session of mediation before allowing the parties to schedule a trial to resolve their divorce. Either party can file a motion to ask that the mediation requirement be waived. However, courts rarely grant a waiver, and for good reason, as 95% of divorce cases resolve through mediation.

Temporary orders

A contested Utah divorce case can go on for a year or more. Most parties filing for divorce in Utah can't wait a year or more for an order regarding pressing matters such as child custody, parent time, child support, alimony, and control of property. For that reason, either party can file a motion requesting that the court enter so called "temporary orders" that govern the parties while their case is pending. At the conclusion of a divorce case, the court will issue a final decree of divorce which replaces these temporary orders.

Mandatory 30-day waiting period

Utah law requires that 30 days elapse between when a divorce petition is filed and a divorce is granted.

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