Today I was asked about the Utah Divorce Process. Most people know that divorce is different in each state. For example, Utah has s a much different divorce process than in the State of Nevada or California.
So, if you’ve lived in Utah for at least 3 months, congratulations, you can file for divorce in Utah because your meet the jurisdictional requirement. So what is the process of divorce in Utah? I’ll outline it for you:
The first step is to draft and file a petition for divorce with the district court in the county where you have resided for the last 3 months. The petition is also called a complaint by some and it is essentially a lawsuit against your husband or wife to end the marriage relationship. Utah law sees the marriage as a contract that needs to be broken and terminated.
In the petition, you need to outline everything that you want to see happen in the divorce case. You also need to outline how the court you are filing in is the proper forum to hear the case. You need to list any kids that you have together, if any. If you have children, child support and child custody are issues that must be addressed. You need to put down your assets and how they are to be divided as well as any debt or other financial obligations. Once the petition has been drafted and filed with the court, you also have to file a Utah Vital Statistics form.
You then need to draft a summons and have the petition and summons served on your spouse. This has to be done by a person who is over the age of 18 and not interested in your case – meaning they aren’t related to you. Once your spouse is serve, a return of service, also called an affidavit of service, is filed with the court.
Here is a brief video that explains the process –
In Utah, there is a 90 day waiting period before a judge will sign the divorce decree and finalize your divorce case.
If your spouse files a response to the petition, also called an Answer, then the court will issue a scheduling order and then the discover process starts.
Most cases do go to mediation if the case is not resolved between the parties. After the discovery and mediation process is done, then the case can go to trial and the judge will enter a divorce decree based on the outcome at trial.
I believe that this information gives you a general outline of the entire Utah divorce process. There are all sorts of complexities that can show up in a lawsuit for divorce. This is why you are always best advised to meet with a family law attorney who regularly goes to divorce court.
If you’ve found this information helpful, please leave us a comment.
If you have other questions, please let us know and we’ll do a video or blog post about it. We want you to understand divorce and, if you need an attorney, I would hope that you’d give me a call to discuss your case. We do offer free consultations. Call me 801-676-5506
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875