How To File For Divorce In Utah Without A Lawyer
Self-represented plaintiffs will also go through the above stages in a divorce filing. For each of the processes listed above, there are official resources useful to self-represented litigants. These resources are also applicable to represented litigants doing personal research. Some of these resources include:
- The self-help section on the judiciary website
- Online Court Assistance Program for knowing the applicable filing documents
- How to serve papers in Utah Courts
- Alternative Dispute Resolution for litigants who have to go through mediation
What Typically Happens If I Go To Court To Obtain My Divorce Myself
The results of every divorce depend upon the facts and will vary accordingly. It is possible to complete your divorce without representation by an attorney. However, it is not recommended as this process is emotional and often more difficult than originally expected.
An attorney can ensure that your interests are protected during the process as well as give you valuable advice on the overall proceedings. The long-term benefits of knowing and understanding your rights and having an advocate on your side will be well worth the upfront costs of hiring a professional.
Fill Out The Necessary Forms
Complete the initial paperwork. To complete the forms youll need to file for divorce in Utah, start by visiting the states Online Court Assistance Program . This will provide the information and forms youll need to start the process.
If you have an attorney, you can also have them complete the forms on your behalf. You may choose to visit a county courthouse to get the necessary forms and information youll need as well.
Recommended Reading: Divorce Lawyer Las Cruces Nm
What If My Spouse Does Not Respond To My Utah Divorce Petition
If you have filed a Utah divorce petition and your spouse has not responded in the amount of time outlined on the paperwork, you do not have to wait endlessly for a response before proceeding with the final decree.
If there is no response by the deadline provided on the divorce petition, the court will grant a default divorce, which will exclude your spouse from the proceedings entirely.
This means he or she will not have their day in court and will not be able to share his or her side of the story. The divorce will be granted by default.
Contact Salt Lake County Family Law Attorney Eric M Swinyard Today
Divorce can be complicated. The best way tosafeguard your interests throughout the process is to choose a qualified divorce attorney to represent you. Based in Salt Lake County, experienced family law attorneyEric M. Swinyard has helped hundreds of Utahns navigate the divorce process. His broad range of experience allows him to providepersonalized and high-quality legal support regarding all family law-related legal issues.
Read Also: Can You Get Alimony After Divorce
What Are Your Options For Divorce
The type of divorce you choose sets the tone for how you will go about reaching a resolution.
In short, you need to have a full understanding of the different types of divorce and how they will shape your settlement negotiations.
Here are a few of the most common divorce process options:
- Do-it-yourself divorce
- Collaborative divorce
Youre probably wondering which one is best. Thats not a simple answer. There are advantages and disadvantages to each.
Getting A Divorce In Utah With A Child
Before splitting up, couples must settle all issues related to childcare:
- In the state of Utah, parents are allowed to work on their custody arrangements if they are able to cooperate. The main condition is to take into account the childs needs and demands.
- As in many other states, there is physical and legal custody, which can be sole and joint. If parents have joint physical custody though, it doesnt mean that they will spend an equal amount of time with the child.
- The parent who spends most of the time with the child is called a custodial parent, while the second spouse is called a non-custodial parent. A non-custodial parent is granted visitation rights. The visitation schedule is determined before the proceedings and includes weekly, monthly, holiday, and summer visits.
- According to Utah laws, both parents must pay child support. The amount of money depends on many factors such as the number of children, financial situation of both parents, type of custody, and so on. The spouses can estimate the approximate amount in theChild Support Calculator.
Powered by stripe
We take no responsibility for the samples of free do-it-yourself divorce papers in utah that you can download from our website. All samples of free utah divorce papers have been prepared for general informational purposes only and cannot be filed with the court.
Also Check: Proving Mental Illness In Divorce
How To Complete A Do It Yourself Divorce In Utah
To complete a DIY divorce, youll need to:
- Determine if you qualify for a Do-It-Yourself Divorce.
- Find and fill out all the necessary forms.
- Hire a notary for your divorce paperwork.
- Make copies of all the documents.
Some spouses prefer to fill out the legal forms by themselves. They might think that no lawyer or Utah online divorce service will provide them with affordable and quick assistance. If you, too, decide to collect and fill out all the papers for your marriage dissolution yourself, get ready to face a lot of obstacles.
The issue is that looking for the necessary forms on the Internet is a long and difficult process. There are lots of outdated documents for Utah divorce on the web, and outdated papers are not accepted by the court. Moreover, if you have children or would like to divide any property, you will need many additional forms for these purposes.
That is why most spouses choose our company to help them with a DIY divorce in Utah. We do not only provide the cheapest services on the market, but also do it quickly and make sure each of our customers is satisfied with the results. With us, you can be sure that you will cope with your divorce successfully without spending much time on the paperwork.
Grounds For A Utah Divorce
As in most states, Utah divorce law allows you to obtain a no-fault divorce. You must merely demonstrate that you and your spouse have irreconcilable differences.
Utah also allows you to seek a divorce if your spouse has committed one of the following:
inability to perform sexually upon marriage
If you have a minor child in the household, you must have resided in Utah for at least 6 months prior to seeking a divorce. If there are no minor dependents, then this requirement is shortened to 3 months.
Recommended Reading: How Fast Can You Get Divorced
What Issues Should I Be Thinking About While I Am Going Through The Divorce Process
While a divorce can be a hard process, it is important to make sure that you are keeping in mind some important issues that you may not have even realized are related. For example, if you have children, make sure you are considering issues such as child custody, child support, and parenting time. You should also be thinking about spousal support and whether you will need, or whether you think your spouse will ask for it. Another important area to consider is the division of debt, property, and pension and retirement benefits.
File A Divorce Petition In Utah
A divorce petition must be filed with the court in the county where you or your spouse reside to begin the divorce process. The divorce papers will then need to be served on your spouse. As soon as the petition is served, your spouse has a set period to react.
It is possible to file for an uncontested divorce if you and your spouse can agree on all the conditions of the divorce. Assuming you and your spouse cant agree, you will have to go through the disputed divorce procedure. This implies that you and your husband will have to go through the discovery process, which is the exchange of information. You will attend a mediation session when the investigation is complete to agree. You will have to go to trial if mediation doesnt work.
It is crucial to remember that the divorce process may be complex, so it is always better to speak with an experienced family law attorney to ensure that you are doing the proper procedures for your specific circumstance.
An expert family law attorney can guide you through the divorce process and ensure that you are following the appropriate actions for your specific case. Contact The Law Office immediately if you have any concerns about how to file for divorce in Utah or if you want assistance with your divorce case. Our attorneys provide free consultations so that you may get answers to your concerns and learn more about how we can assist you with your divorce.
Read Also: Divorce Lawyers In Tucson Az
Ut Legal Notice Process
Divorce is a legal action that one spouse takes against the other, and that requires proper notification of the other party. You must provide copies of the following documents to your spouse within 120 days of filing the original complaint:
Copy of Verified Complaint for Divorce
Copy of Court Summons
Copy of Temporary Injunctions
The following methods of service are available in Utah:
Personal serviceyou may deliver the divorce papers using a private process server, local sheriff or anyone over 18 who is not a party to the legal action.
Utah courts will not proceed with the divorce without proof of service, which may take the form of a receipt or an affidavit signed by the process server.
Once your spouse has been properly served, they will have 21 days to respond to the petition if they reside in the state of Utah, or 30 days if they reside in another state. If they fail to file an Answer with the court within this time period, they may lose the right to be heard by the court.
Consult A Knowledgeable Family Law Attorney In Utah
Consult with an expert family law attorney in Utah to explore your legal choices and confirm that you are doing the appropriate actions for your unique circumstance.
Only an expert family law attorney can provide you with particular legal guidance about your divorce. However, if youre divorcing in Utah, you may anticipate going through a few standard stages.
Also Check: Do You Have To Pay Taxes On Alimony
How To Initiate A Divorce Proceeding
There are primarily two types of divorce in Utah: contested and uncontested.
If you and your spouse can agree on all of the issues in the divorce including the disposition of assets and liabilities, child custody, and spousal support, you qualify for the uncontested divorce process. This is a faster process because you typically do not need to appear in court unless you have children if you have children, you will need to attend a short hearing regarding custody, support, and visitation.
You will need to file a Verified Complaint for Divorce with the clerk of your local county court to start this process. Utah even has an online filing system that may allow you speed up the initial filing procedure.
If you and your spouse are unable to come to an agreement on issues related to the divorce, you will follow a similar filing procedure. However, you and your spouse will have to attend a hearing shortly thereafter to help identify what issues remain unresolved. The judge will then schedule a jury or bench trial, at which you and your spouse may argue your claims.
Can I File For A Divorce Online In Utah
A petitioner may use the Online Court Assistance Program to prepare documents to file for divorce.
Some websites offer forms that might not be legally sufficient in the Utah courts and could be rejected by the judge. Before using forms from another website, check with OCAP to see if free and appropriate forms are available.
After the forms are completed, the petitioner must file for divorce in person with the district court in the county in which at least one of the parties has lived for at least three months immediately before filing the divorce petition.
Recommended Reading: New York State Council On Divorce Mediation
May I Date Or Have Another Relationship Before I Am Divorced
Any relationship with someone else before you are divorced may hurt your case. Also, this situation may anger your spouse and make settlement more difficult. If you have children, this is especially true, and you should get some professional advice about how much your children should know about your adult relationships.
What Paperwork Do I Need To File For Divorce In Utah
To file for divorce in Utah, a divorce petition must be filed with the district court. This district court must be in a county in which at least one spouse has resided for a minimum three months.
In terms of paperwork you will need to file for divorce in Utah, divorce documents can be found on the Online Court Assistance Program website. It is important to note that divorce forms that are offered on other websites should be avoided, as they may not be approved by the court. The spouse who is filing for divorce must serve the other spouse with the documents, and they must be served within 120 days of filing.
Don’t Miss: Free Consultation Lawyers For Divorce
How Does Utah Divorce Mediation Work
Mediation is one of two methods of alternative dispute resolution in Utah courts. It is a mandatory program recommended for parties to iron out differences and serve their best interests before the court delivers a final verdict .. Divorce mediation does not replace conventional hearing in the courtroom. Instead, it brings more flexibility in resolving disputes, avoids a drawn-out divorce, and saves legal fees.
The process involves intending divorcees having a series of collaborative meetings with a skilled, neutral third party. Mediation is informal, and more importantly, it is confidential. The final agreement is not legally binding before the judge issues a verdict: the parties can request a review at any time pending final adjudication. The ADR department of the judiciary oversees mediation programs in Utah.
What Happens If My Spouse And I Cannot Agree On The Terms Of The Divorce Decree
If you and the respondent cannot agree to the terms of the divorce decree, the case will go to trial. One of the main reasons that cases go to trial is that one party will not agree to certain child custody terms. In these cases, parties may request a formal custody evaluation. This is often a useful tool for a judge who has to make child custody decisions. Before the trial, the court will also schedule a pretrial conference. The judge will often require this in order to give the parties one last opportunity to settle their case before going to trial. If the pretrial conference does not result in any sort of agreement, and the case is set for trial, you should strongly consider hiring an attorney to help you navigate the complexities of trial.
Don’t Miss: What Happens If You Don’t Pay Alimony
Utah Divorce Filing Procedures
The petitioner is the spouse who files the divorce petition in Utah, including what is required to file, where to file, and the steps involved in the process.
The petition is to be submitted in the county where one of the spouses has their primary residence. In divorce cases, the petition must be served on the other spouse, known as the respondent. There is a deadline of 20 days for a written response from a respondent to the petition.
If all difficulties relating to the divorce can be resolved amicably, the parties may petition for an uncontested divorce. A divorce that is uncontested does not involve a trial, and the parties may often complete the divorce in a very short period of time. If the parties are unable to reach an agreement, they will be required to undergo the contentious divorce procedure, which may be much more time-consuming and include many court appearances.
If you are considering filing for divorce in Utah, it is important to consult with an experienced family law attorney to ensure that you are taking the rightUtahIf you are considering filing for divorce in Utah, it is vital to understand the procedure and what to expect. The first step is to talk to an expert family law attorney about your legal options and to make sure youre taking the right steps for your situation.
Do I Qualify For Spousal Support
If you are seeking spousal support, during the divorce process, spousal support should be included as a term of the divorce decree. If the other spouse agrees to this term, there is no reason for the court to not agree to grant this provision. However, if the other spouse does not agree to this provision, it will be up to the court to decide whether spousal support is appropriate. In making this determination, courts will typically award spousal support only to a spouse who is financially disadvantaged.
In determining whether spousal support is appropriate, the judge will typically look at the standard of living enjoyed at the time of separation and will also consider any significant changes in resources that occurred prior to or during the trial. In looking at this standard of living, the court will ask whether the spouse seeking the support will be able to meet the appropriate standard of living without help from the other spouse. If the spouse seeking support cannot sustain the standard of living previously enjoyed, the court will evaluate the recipient spouses financial resources, needs, earning capacity, as well as the payor spouses ability to pay in order to determine what amount and what duration is appropriate for support. In some cases, the court will use income-equalization to calculate the level of support, however, this is generally only used when both spouses have lower levels of income.
Don’t Miss: How Long Does Alimony Last In Florida