how to divorce without lawyer utah

Completing an uncontested divorce in Utah without a lawyer takes only a few steps. You should find and fill out the necessary divorce documents, file them and serve the copies on your spouse, complete a 90-day waiting period, and, finally, attend a hearing to get your marriage dissolution finalized.

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How to file for an uncontested divorce in Utah without an attorney?

File for a divorce without an attorney in the State of Utah. Save time, money, and nerves by using the Utah Online Divorce assistance service to complete your uncontested divorce papers. An online divorce in Utah can be a quick and inexpensive way to prepare documents for an uncontested divorce.

How do I get a divorce in Utah?

To get divorced in Utah you or your spouse must reside in a single county in Utah for at least three months immediately before filing the divorce petition. Utah Code Section 30-3-1. If custody of a minor child is an issue, usually the child must reside with at least one of the parents in Utah for at least six months, but there are exceptions.

What happens if you are served with divorce papers in Utah?

If caught, they could face civil and even possible criminal penalties. When a spouse is served with papers in a divorce in Utah, they have 21 days to file a response (30 days if served outside the state). If a party does not answer a complaint within the allotted timeframe, the other party can seek a default judgment.

Can I get a divorce without a lawyer?

Yes, you can get a divorce without using an attorney but you’ll need to stay on top of filling out the relevant forms correctly and filing them as required. This approach to getting a divorce is known as "pro se," a Latin term for "on your own behalf."

Can you file for divorce without a lawyer in Utah?

The Utah Courts offer an Online Court Assistance Program (OCAP) to help divorcing couples prepare divorce paperwork without an attorney. There are separate packages of forms for the spouse who initiates the divorce proceeding (the "petitioner") and the other spouse (the "respondent").

Can you get divorce without going to the court Utah?

Uncontested divorces usually reach resolution faster and are less expensive than contested divorces because there's no fighting in court. Instead, the judge needs only to review and approve the spouses' marital settlement agreement (called a "stipulation" in Utah) and issue a divorce decree.

What is the easiest way to get a divorce in Utah?

The simplest procedure is an uncontested divorce where you and your spouse reach an agreement about the division of your property, and, if you have any children, what arrangements will be made for them. You begin the divorce procedure by filing a Complaint for Divorce, along with various supporting documents.

What is the cheapest way to get a divorce in Utah?

The cheapest route is what we call an uncontested divorce. This means that both spouses are in agreement as to how to divide the property and the custody of the children if any. Basically, you are just hiring an attorney to prepare the paperwork.

How long does divorce take in Utah?

3 monthsAn uncontested divorce in Utah requires an average of 3 months to complete. A contentious divorce, on the other hand, might take 9 months or longer, depending on the complexity of marital assets. Yet, even the fastest marriage termination won't be shorter than 30 days which equals the divorce waiting period in Utah.

Can you date while separated in Utah?

Dating while separated can hold up and complicate the divorce proceedings, can effect custody and visitation decisions, and rarely but possibly, depending on the state, may be grounds for a lawsuit.

Is it better to file for divorce first in Utah?

Some people seeking a divorce are in a rush to file a petition before their spouse. Many believe that being the first to file is crucial. However, it does not matter who initially files a divorce petition. The process is ultimately the same, whether you file first or not.

How much does a divorce cost in Utah?

From our experience, the average cost for a non-contested divorce in Utah ranges from $2,000 to $2,500 with court filing fees and other legal documents. However, if your divorce is contested it will drive up the price considerably with a base price, based on attorney time starting at about $2,500.

What are the steps to divorce in Utah?

Part 1: File for DivorceConsult an Attorney. ... Prepare Your Divorce Documents. ... File Your Divorce Documents. ... Serve Your Spouse. ... Wait for Your Spouse's Answer. ... Complete a 90-Day Waiting Period. ... Attend Required Divorce Education Classes if Necessary. ... Take Part in Mandatory Mediation for Any Contested Issues.More items...

How long do you have to be separated before divorce is automatic?

Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.

How much does a legal separation cost in Utah?

How Much Does It Cost to File for Legal Separation? When filing for separate maintenance, one is supposed to pay a court fee of $35. If someone initiates a divorce process within 12 months from the hearing date, this sum of money will be credited towards the court fee for divorce.

How long does uncontested divorce take?

An uncontested divorce can be finalized in as little as 4 weeks. If a divorce is contested it may take between 2 - 3 years, but most contested divorces do settle long before they go on trial.

Get Your Divorce Forms Completed Online

An online divorce in Utah can be a quick and inexpensive way to prepare documents for an uncontested divorce. At UtahOnlineDivorce.com, the process will begin by filling out a simple online questionnaire. The questionnaire will be used to generate the paperwork to begin filing for your divorce in Utah.

Online Divorce Without a Lawyer in Utah

In Utah, some counties may allow spouses to mail divorce documents to the courthouse for filing, rather than physically delivering them. The specific regulations and requirements do vary from county to county. Also, not every case is eligible for filing by mail in any county.

What are the conditions for a divorce in Utah?

inability to perform sexually upon marriage. adultery. willful desertion for at least 12 months. willful neglect. habitual intoxication. felony conviction. extreme cruelty. incurable insanity. 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.

How to send documents to spouse in Utah?

The following methods of service are available in Utah: By mail—you may send your papers to your spouse via the U.S. Postal Service using registered or certified mail, or any commercial courier service that uses return receipts to confirm delivery. Your spouse must sign for the documents.

What happens if my spouse does not answer my divorce complaint?

If your spouse, as the respondent in the legal action, does not answer the complaint within the allotted time period, the judge will likely assume that they do not wish to participate. At that point, the court will grant most or all of the terms in the Complaint for Divorce without waiting to hear from the respondent.

What happens if my spouse files a counterclaim?

If your spouse files an Answer that refutes details in the complaint or makes a counterclaim, then the judge will order you and your spouse to trial. Before the trial, you and your spouse’s attorney may use the discovery procedure for evidence requests, witness interviews, and negotiations with the other party.

How long does it take to get a copy of a divorce complaint?

You must provide copies of the following documents to your spouse within 120 days of filing the original complaint:

What happens if you and your spouse cannot agree on major issues?

If you and your spouse cannot agree on major issues, the judge will order a bench or jury trial that will require you and your spouse to present evidence or testimony supporting your respective positions. In most trials, it is the attorneys with prior trial experience that do most of the arguing and present evidence.

What is the difference between legal and physical custody in Utah?

Utah confers upon a parent two types of custody: physical or legal. Physical custody governs the residence of the child, while legal custody grants the right make important decisions regarding the child’s wellbeing. Utah determines these custody decisions based on the best interests of the child.

How to get divorce in Utah without a lawyer?

You should find and fill out the necessary divorce documents, file them and serve the copies on your spouse, complete a 90-day waiting period, and, finally, attend a hearing to get your marriage dissolution finalized.

How much does an uncontested divorce cost in Utah?

The truth is that going through uncontested divorce in Utah with the help of a lawyer is really expensive. Lawyers’ fees average at about $300 per hour. You will also need several consultations that will last for a couple of hours to get your documents filled out.

How much does it cost to get divorce in Utah?

An uncontested divorce in Utah is much cheaper than a contested one. However, there is a filing fee of $318 that you have to pay directly to the court regardless of the type of marriage dissolution you are filing for. Additionally, you may either get your divorce paperwork collected and filled out for $139 by our company or get a lawyer ...

What is the Utah online court?

The Utah Online Courts Assistance Program (OCAP) is the state-approved program that can help you with the divorce paperwork. The state of Utah OCAP divorce services are generally free, but a $20 preparation fee will be added to the legal fees if you are required to pay the filing fees in your case. Note that this program will not submit documents to the court for you, but will only provide you with the paperwork so that you can print and file it yourself.

What is an uncontested divorce?

An uncontested divorce is an option available to spouses who reach an agreement about all the aspects related to their marriage dissolution. Filing for an uncontested divorce can save time and money as court procedures for such cases are significantly simplified. When it comes to finding and filling out all the forms for an uncontested divorce ...

How long do you have to live in the same county in Utah to file for divorce?

When you file for divorce, you must have lived in the same county in the state for at least 3 months or 6 months if you have minor children.

How long do you have to live in Utah to divorce?

If you want to divorce in Utah legally, either you or your spouse must have lived in the county where you plan to file for at least 3 months. If you have minor children, you may need to live in the state with them for at least six months before filing there.

How long does a spouse have to respond to a divorce in Utah?

Spouse’s Default. When a spouse is served with papers in a divorce in Utah, they have 21 days to file a response (30 days if served outside the state). If a party does not answer a complaint within the allotted timeframe, the other party can seek a default judgment.

What is legal custody in Utah?

They are legal custody and physical custody. Legal custody is about who has the right to make important decisions about the children. Physical custody is about where the children live. Courts strongly prefer to grant joint custody to both parents, assuming there are no negatives that are present.

What are the factors that determine child custody in Utah?

Some of the factors include: moral and financial conduct of the parents.

What is considered marital property in a divorce?

In general, assets acquired during a marriage through a date of separation are considered marital property, except in some cases of gifts or inheritance.

Is Utah a marital property state?

Marital Property and Division of Assets in Utah. Utah is an equitable division state. This means that property is divided fairly and equitably, although not always equally. The court can divide all marital property regardless of which spouse holds title to the property or where it is located.

Does a spouse have to receive all of the benefits in Utah?

Utah courts have recognized that it is best for the spouse who contributes to the retirement or pension plan to receive all of the benefits and for the other spouse to receive something of equal value, such as equity from the home or cash or other property.

Is a gift considered property in Utah?

Gifts and Inherited Property. When one spouse receives a gift or inheritance in Utah, it is considered separate property and not subject to equitable distribution. But if a spouse commingles a gift or inheritance with marital assets, it can become part of the marital assets of a marriage.

How to get divorce without a lawyer?

Make sure you and your spouse have a discussion about how both of you see the divorce going. If you and your spouse both think the divorce can be completed amicably, consider getting a divorce without a lawyer. However, if you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney in order to protect your best interests. Have this discussion at the beginning of the divorce process so that you can make the best decision possible.

What to do if you have trouble agreeing to divorce?

However, if you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney in order to protect your best interests. Have this discussion at the beginning of the divorce process so that you can make the best decision possible. ...

How long do you have to be a resident to file for divorce in South Dakota?

Decide where you need to file for divorce. You will need to file for divorce in the state and county where you meet certain residency requirements. Often, in order to file for divorce, you will need to have been a resident of the state and county where you plan on filing for between six months to one year. Only Alaska, South Dakota, and Washington have no extended residency requirements, which means you can file for a divorce there so long as you are a resident at the time of filing.

What happens if you divorce your spouse?

If you have chosen to file for a divorce on your own, you and your spouse are going to have to agree on how your marital assets are going to be distributed. Depending on what state you live in, there are going to be different rules on how the property will be split.

What do you need to fill out a divorce petition?

A divorce petition. You need to fill out a divorce petition, which is a document that tells the court and your spouse what you want. You can ask for things such as an end to your marriage, alimony, child custody, child support, and a division of property.

What happens if you are not happy with the divorce decree?

After the court hearing and final decision, if you are not happy with how the divorce decree came out you may be able to appeal the decision. The purpose of an appeal is to give another court the opportunity to look at the trial court's decision in order to determine if there was any legal error.

What is a divorce decree?

A divorce decree, which will be the final document the judge will sign in order to finalize your divorce. This document will include all of the requirements of your divorce, including how property will be distributed and how children will be cared for. Draft your divorce petition.