how to file for divorce in utah without a lawyer

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").

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.

How much is it to file divorce papers in Utah?

Filing Fees The filing fee for a divorce in Utah is $333.00. That fee is paid directly to the Court when you file your divorce papers. Our fee for the Do-It-Yourself Divorce without minor children (for an action not involving custody of minor children) is $375.00.

How much is an uncontested divorce in Utah?

Summary of Utah Divorce Costs Uncontested divorce – On average firms will charge $999 - $2000, but it can be as low as $450. Contested divorce – These divorces are billed at an hourly rate. The average cost is $2000 - $6,000.Jan 6, 2014

How do I start a divorce?

What is the first step of getting a divorce? To begin the divorce process, one spouse must file a document called "Original Petition for Divorce" or "Letter of Complaint" with your local court clerk. This document is a formal request for the termination of the marriage.

How quickly can you get divorced in Utah?

30 daysDivorce waiting period Utah law requires that there be 30 days between the date the petition is filed and the date the decree is signed. A party can ask the court to waive the waiting period for extraordinary circumstances.Sep 17, 2021

How do I serve divorce papers in Utah?

In Utah, divorce documents can be served through the mail or in person. Whether delivery is by mail or in person, the receiving party's signature is required as a proof for the court that the documents were received.

How do you get an uncontested divorce in Utah?

How to File an Uncontested Divorce in UtahVerified Petition for Divorce.Summons (use this form if your spouse is in Utah; use this form if your spouse is outside Utah)Declaration of Jurisdiction and Grounds for Divorce.Utah District Court Cover Sheet.

How long does a divorce process take?

There are two types of divorces, contested and uncontested divorce. The uncontested divorce is the best and most cost effective for all parties concerned. It can be finalised within 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.Oct 3, 2017

How long does an uncontested divorce take in Utah?

Uncontested Divorces “Uncontested” divorces, or divorces where spouses agree on all of the final terms they wish to be included in their divorce, can resolve within 30 days, but more typically are finalized between 60-90 days.

What are the grounds for divorce in Utah?

WHAT ARE THE GROUNDS FOR DIVORCE IN UTAH?IRRECONCILABLE DIFFERENCES of the parties.IMPOTENCY at the time of marriage.ADULTERY committed subsequent to marriage.Willful DESERTION of the other spouse for more than one year.Willful NEGLECT TO PROVIDE the common necessities of life.Habitual DRUNKENNESS .More items...

Is Utah a no fault divorce state?

In Utah, when you file for a divorce, you must submit a petition to a court providing a legal reason for your request. However, Utah is a no-fault divorce state, which means one spouse does not have to be guilty of misconduct for proceedings to begin.Feb 21, 2020

How long do you have to live in Utah to get divorced?

Residency requirements. 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.

How long does it take to respond to a divorce in Utah?

The respondent has 21 days (if they were served in Utah) or 30 days (if they were served outside of Utah) to respond to or "answer" the divorce petition. For more information, see our page on Answering a Complaint or Petition.

What is the mission of the Utah State Courts?

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.

What is the process of ending a marriage?

Introduction. Divorce is the proceeding that ends a marriage and all legal relationships between the people who are married, except those specified in the divorce decree. There are many issues that may need to be resolved in the divorce, including: child custody, child support, parent-time;

How long do you have to live in the county before filing for divorce?

The petitioner must file for divorce with the district court in the county in which at least one of the parties has resided for at least three months immediately before filing the divorce petition. For more information about how to file documents, see our page on Filing Procedures.

When is an injunction effective?

The injunction is effective for the petitioner when the case is filed. The injunction is effective for the respondent when the petitioner gets a copy to them. See the Domestic Relations Injunction web page for more information.

Is divorce a public record?

Divorce records are private records. Most court records are public. This means that anyone can view and copy the documents filed with the court. However, starting April 1, 2012, divorce records are not public. They can be viewed and copied by the parties, their lawyers and a few others, but not by the public.

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.

What happens if you don't agree to a divorce?

If you and your spouse are unable to reach an agreement on the issues in the divorce like those involving property allocation, alimony or child support, you will probably have to endure a long and costly legal process that will involve a trial.

How long does it take to respond to a petition in Utah?

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.

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.

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:

Do you have to serve a divorce decree?

If your spouse does not dispute any of the allegations found in the Complaint for Divorce and a divorce settlement has already been formalized and signed by both parties, there may be no need to serve process (as your spouse is already a party to the action). If you and your spouse have come to an understanding but have yet to sign a formal agreement, then your spouse should produce an Answer in which they agree to the terms of the Complaint. This removes the need for a trial and allows parties to proceed to the issuance of the final decree for divorce.

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 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.

What is the Utah divorce program?

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.

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 does it take to serve a summons to a spouse?

File all forms in the office of the court clerk in your home county and pay the filing fee of $318. After that, you will have 120 days to serve copies of petition, summons, and any other required documents on your spouse, who will have 21-30 days to respond. Wait for 90 Days.

How much does a lawyer charge per hour?

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. Therefore, get ready to spend a minimum of $4,000 on legal help. Moreover, scheduling a visit with a legal expert will require plenty of time.

What to do when filing for divorce in Utah?

When you file for divorce in Utah, one of the best things you can do is to arm yourself with the information you’ll need to see you through the process from start to finish. Divorce can be intimidating and disruptive on many levels, and the best way to minimize the impacts on your life is to do your homework so that you can best protect yourself as ...

How long do you have to live in Utah before filing for divorce?

File Your Documents. In Utah, paperwork must be filed 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. For more details on filing, go here. You must then serve your spouse with copies of the divorce papers to legally make them aware ...

What is OCAP in Utah?

A petitioner may use the Online Court Assistance Program (OCAP) 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.

How long does it take to serve a divorce in Utah?

Service of process must be completed before a divorce case can proceed in Utah. After paperwork has been submitted, a petitioner has 120 days to serve the defendant. Proof of Service must be attached to all paperwork submitted with the court.

How much does it cost to get divorced in Utah?

You pay a $318 filing fee for a divorce in Utah. There may also be additional fees as well, depending on your situation. You may be responsible for paying: Fees for the Divorce Education class and the Divorce Orientation class if there are minor children.

How long do you have to be a resident of Utah to get divorce?

You must be a resident of a single county in Utah for a minimum of three months before you can file for divorce in the state. 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.

Who is Jason Crowley?

Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Jason is the managing partner of Divorce Capital Planning, co-founder of Divorce Mortgage Advisors, and founder of Survive Divorce. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets.

How to file for divorce in Utah?

Here are the basic steps you’ll need to follow when filing for a divorce in Utah: Gather important information. Save time, money and stress in your divorce by approaching this step in a timely and thorough way. It will take time to pull together your information, but it is vital that you do this without cutting corners.

What is divorce in Utah?

Divorce. Divorce is a permanent and legal end to a marriage in Utah. All ties are severed, assets are divided, custody and alimony issues are resolved, and each spouse goes their separate way after a final decree is issued.

What are the fees associated with divorce?

There are some fees associated with a divorce case that can’t be waived: The fee to have a non-Utah sheriff or constable or a private process server serve the documents. The fee to serve someone by mail. The fee to publish a legal notice in a newspaper. The fee to have the county recorder record a judgment.

How long do you have to live in Utah before filing for divorce?

File your forms. In Utah, paperwork must be filed 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. For more details on filing, go here.

Can a marriage be annulled in Utah?

Annulments can be granted in Utah. This basically means that a marriage is considered null, as if it never happened. According to Utah laws, the following are prohibited and void marriages and they may be annulled for these causes: Marriages between parents and children.

How long does it take to serve a divorce in Utah?

Once the plaintiff or petitioner has filed paperwork with the court, he or she has 120 days to serve the defendant.

Why do couples choose legal separation?

Spouses may also choose legal separation for religious reasons.