To answer how to file for divorce in Utah we need to learn the several type of divorces which are permitted in Utah and the requirements that need to be complied with while filing for divorce. Thus, it is advised to hire an expert attorney for this purpose, so that it is easy for you to comply with all the rules and regulations required to get a divorce in Utah.
If you want to know more about get divorced in Utah topic, read this complete and comprehensive guide to know more.
How to File for Divorce in Utah
To apply for divorce in Utah, one of the parties must have lived in Utah and the county for at least three months. The lawsuit must be filed in the District Court of the county in which the residence criterion is satisfied.
Decide on What Type of Divorce You Have to File
There are two types of divorce in Utah. Let’s discuss them in greater detail.
An uncontested divorce is the easiest procedure in which you and your spouse agree on the distribution of your property and, if you have children, what arrangements will be made for them.
The divorce process in Utah starts with the filing a complaint for divorce, as well as several supporting paperwork. A marriage settlement agreement stating the distribution of assets and your agreement over any children will be one of these documents in the case of an uncontested divorce.
This paperwork is submitted with the court, and your spouse receives a copy of them. You will appear in court, where the judge will check that all of your documentation is in order, maybe ask you a few questions, and then enter your divorce decree.
In contrast, collaborative divorce is a procedure in which each side engages a lawyer to help them achieve an agreement on all matters. There may also be a facilitator there to assist keep the conversation on track. It’s comparable to mediation. This method must be agreed upon by both parties, and either can terminate it at any moment.
The parties will sign the agreement and submit it to the court to be incorporated into a court order. The process mentioned above is explained in detail in the later part of this article.
Further Steps which you need to file for divorce are as follows:
File for Divorce
As mentioned above, there are two forms of divorce in Utah: contentious and uncontested. If you and your partner can agree on all aspects of the divorce, including asset and liability division, child custody, and spousal maintenance, you are eligible for an uncontested divorce.
This is a quicker procedure since you usually don’t have to go to court unless you have children; if you do, you’ll have to go to a short hearing about custody, support and visitation.
To begin the process, you must submit a Verified Complaint for Divorce with the clerk of your local county court. Utah even offers an online filing mechanism that may make the first filing process go more quickly.
Your divorce case will only be open if you’ve completed all documents and paid the $310 filing fee at the court clerk’s office in your home county.
Notify Your Spouse
You have 120 days after filing your divorce petition to serve your spouse with the petition, a summons, and any other submitted paperwork. The sheriff’s department or a private business can fulfil service by certified mail, the sheriff’s department, or both. For the court to act on your divorce petition, you’ll need proof of service.
You must provide your spouse copies of the following documents:
- A copy of the Verified Divorce Complaint
- A copy of the Court Summons
- A copy of the Temporary Injunctions
Without proof of service, which might be in the form of a receipt or an affidavit signed by the process server, Utah courts will not proceed with the divorce.
If your spouse lives in Utah, they will have 21 days to reply to the petition, and if they live in another state, they will have 30 days to answer. They may lose their right to be heard by the court if they do not file a reply.
Decide Whether You Need a Lawyer or Not
You and your husband must be in complete agreement on fundamental topics such as property division, and you must represent yourself in order to seek a divorce in Utah. That is why reaching an agreement with your husband before beginning the divorce process is in your best interests. By doing the paperwork yourself, you will save a lot of money and time.
If both of you are unable to reach an agreement on important issues, the court will schedule a bench or jury trial in which you and your spouse will be required to provide evidence or testimony in support of your respective viewpoints. Most of the argument and evidence presentation in most cases is done by attorneys with prior trial experience. A trial frequently involves various court costs in addition to the legal fees paid to the attorneys.
Complete the Mediation Session and the Waiting Period
Judges in Utah are required by law to sign final divorce orders 90 days from the day the divorce petition was first filed. Even if both couples agree on everything, this is true.
Even if neither side asks for it, Utah courts frequently require divorcing couples to undergo mediation services. Mediators are professionals in dispute resolution who assist couples in reaching an agreement on outstanding matters. Although mediation is not legally enforceable, it has the potential to make the divorce process simpler, faster or perhaps even unnecessary.
Complete All Paperwork
The Utah Courts provide an Online Court Assistance Program (OCAP) to assist divorcing spouses in completing divorce papers without the assistance of an attorney. There are distinct forms for the spouse who starts the divorce process (the “petitioner“) and the other spouse (the “respondent”).
To make things easier, you might utilise an online divorce service that will fill out all of the necessary uncontested divorce documents for you based on your responses to a questionnaire. Some of these businesses ensure that the submitted documents will be accepted by the court in your state, so you won’t have to worry about making mistakes.
When you file for an uncontested divorce, you’ll need to fill out the following forms:
- The divorce petition, which includes a request that the settlement agreement be integrated into the divorce decision
- The settlement agreement
- The completed “Acceptance of Service, Appearance, Consent, and Waiver,” which acknowledges receipt of a copy of the petition, waives the right to respond to the petition, and agrees that the court may issue a divorce judgement based on the petition’s requests.
If you have children, you’ll also submit paperwork outlining your custody and support arrangements, such as a parenting plan and completed visitation schedule, an affidavit confirming the parents’ income and compliance with child-support requirements, and a child-support spreadsheet.
The documentation needed to finalize a divorce in Utah may differ from county to county. For further information and to see whether you need to file any extra forms, contact your local court clerk. Take note that you can request a hard copy of the required forms from the clerk’s office.
Go to Trial
If you and your spouse are unable to reach an agreement on divorce-related matters, you will file a lawsuit in the same manner. You and your spouse will, however, be required to attend a hearing shortly afterward to assist in determining which matters remain unresolved. After that, the judge will set a jury or bench trial for you and your spouse to explain your claims.
Prior to your trial, you will be compelled to attend a conference to make a final attempt to settle the matter. If this fails, a trial date will be established, as well as a list of points to be addressed at trial.
If you’ve engaged a divorce lawyer, they’ll be able to assist you in preparing for the trial, including gathering any papers and evidence you’ll need to present to the court. On the trial day, arrive early in the courtroom, dressed properly and with any witnesses you wish to call. Remember to respect the judge and never interrupt your spouse when they are giving testimony.
Get Copies of Your Divorce Decree
You are officially divorced after the court signs the final decree following mediation or trial. You should get a copy of the finished decree for your records at this time. Any appeals to the judge’s judgement must be filed within 30 days after the judge’s ruling.
Here are some important questions that have been answered by our experts.
– How Much Does It Cost to File for Divorce in Utah?
When filing for divorce in Utah, you will be asked to pay the filing cost of $310 to the court. An uncontested divorce is the most cost-effective option. This indicates that the couples have reached an agreement on how to split the property and, if applicable, child custody. Essentially, you’re paying an attorney to draught the papers for you.
– How Long Does It Take To Get a Divorce in Utah?
If you and your spouse agree on all matters, Utah law requires a 90-day waiting period after filing for divorce before it can be granted, so it will take at least that long. You can, however, try to avoid the waiting period. Parents who are divorcing must attend two classes: Divorce Orientation and Divorce Education for Parents.
For divorce that is contentious, it might take months or even years if you and your spouse cannot agree on the conditions of your divorce.
In conclusion, if you and your spouse dispute about child custody or child support during the divorce process, you can have a custody evaluation conducted by a professional evaluator. The evaluator will watch both parties and the children throughout this evaluation and will then submit a report to the court on all elements relating to the child’s best interests.
- To apply for divorce in Utah, one of the parties must have lived in Utah and the county for at least three months. The lawsuit must be filed in the District Court of the county in which the residence criterion is satisfied.
- Your divorce case will only be open if you’ve completed all documents and paid the $310 filing fee at the court clerk’s office in your home county.
- The documentation needed to finalise a divorce in Utah may differ from county to county. For further information and to see whether you need to file any extra forms, contact your local court clerk.
- If you’ve engaged a divorce lawyer, they’ll be able to assist you in preparing for the trial, including gathering any papers and evidence you’ll need to present to the court.
We hope that after reading this thorough guide, you can now make legally informed choices regarding divorce in Utah.
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