Uncontested Divorce Utah
Uncontested divorces are an option available to divorcing Utah couples with or without children. These types of cases are generally less expensive and faster than traditional ones because you avoid the expense of attorneys, custody evaluations and hiring experts for trial.
If you and your spouse are able to agree on all issues regarding your divorce, including children custody, then an uncontested divorce is a real option.
However, if you and another party cannot reach an agreement on any issue, then your divorce becomes contested and you will be required to attend a trial where a judge will decide the remaining issues in your case.
The following is a list of some of the major issues that must be resolved between couple before filing an uncontested divorce action:
• division of real estate and personal property
• division of debts and assets
• child custody and visitation if you and your spouse have minor kid
• children support, health and insurance coverage
• alimony or spousal support, and
• any other issues related to your marriage.
This type of cases are not for everyone, but because they offer advantages, most of them are uncontested. Though disagreements are settled outside of court, it does not mean that there are no disagreements, instead that these disagreements are resolved by the spouses themselves, or through a mediator. No process is finalized without a court order, but because uncontested divorces are already agreed and upon by both partners, the paperwork can typically be filed without a court appearance.
Additional Benefits of an Uncontested Divorce in Utah:
• More Control Over Decision Process (i.e. Property Division, Child Custody, Visitation)
• Avoid Stress and Preserve Relationships
• Less Information Made Public Through The Court
• Easier For Children And Family Members
• Faster Resolution Time
Preparing Uncontested Divorce Forms
The Utah Courts site offers online forms for completing an uncontested divorce or in hard copy at your local courthouse. The following documents must be filed with your paperwork:
• Civil Coversheet
• Petition for Divorce
• Vital Statistics Form / Certificate of Dissolution
• Acceptance of Service
• Affidavit of Jurisdiction and Grounds
• Military Service Declaration and Order
• Findings of Facts and Conclusions of Law
If you and your wife/husband has children together under the age of 18, then the following forms must be filed as well:
• Child Support Worksheet
• Affidavit of Income
• Financial Declarations, and
• Kid’s Support Locator.
The required paperwork to complete such type of case may vary in your particular county, and thus, forms in addition to those listed above may be required to complete above mentioned procedure. Check with your local court clerk for more information and to determine whether you need to file additional forms.
If you want to get divorce done faster, Utah also provides an Online Court Assistance Program (OCAP) that can help you find specific forms as well as complete those forms to submit to the county clerk.
Serve your ex-wife/husband
Next, your spouse has to sign the Affidavit of Defendant. You can give this form to your partner with the Summons with Notice or Summons and Verified Complaint and the Notice of Automatic Orders. Also you should provide your spouse with a copy of the instructions on how to fill out the Affidavit of Defendant. Other party has to send the completed form back to you before your case can get placed on the trial calendar. Once your ex-wife/husband completes and returns the form to you, you can place your case on the court’s calendar immediately.
If another party doesn’t return the Affidavit of Defendant back to you, you will have to serve him/her, meaning someone other than you must hand your spouse the papers. If couple has children under age 21 together, it also has to serve a copy of the Child Support Standards Chart. Whoever serves your spouse has to fill out an Affidavit of Service. Then you have to wait 40 days from the date another party was served to place your case on the calendar of the trial.
Obtain a court date
“Placing your case on the court’s calendar” just means that you get a court date. However, in order to get this date, you have to complete the following steps.
You must complete the Certificate of Dissolution of Marriage (sometimes called the vital statistics form) and the Divorce and Child Support Summary Form, if applicable. Then, you take all of these completed forms, along with a copy of the Summons with Notice or the Summons and Verified Complaint, and file everything at the County Clerk’s Office and pay your filing fee.
All documents will be submitted to the judge. The judge will review them, and if approved, the judge will sign the divorce decision. After the judge signs the divorce decision, you must file and enter it with the clerk of the district court. This process differs depending on the county you are filing with, so ask your district trial clerk for specific instructions. You must also give a copy of the signed and registered divorce decision to your ex-spouse along with a completed notice of entry (this is also called a decision request).
Requirements for Undisputed Divorce
You can file it if you and another party agree to:
• get a divorce
• grounds for it
• how to separate family property and debt
• whether spousal support will be paid and by whom.
To be able to file for divorce, you must also comply with the “residence requirements” of the law. This means that either:
• you or your spouse (s) have lived in Utah for at least two consecutive years immediately before applying for a divorce, or
• You or your partner lived in Utah for at least one continuous year immediately before applying, and you were married there, or you lived there as a married couple, or the reasons for your divorce occurred in the same location.