how to get a divorce in utah no lawyer

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. 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.

Full Answer

How long does an Utah divorce usually take?

The State of Utah used to mandate a 90-day waiting period, beginning from the date the petition of divorce was filed before a couple could actually get their signed documents back from a judge. Recently, that law was changed to a 30-day waiting period. Uncontested Divorces. Most divorces don’t resolve at the 30-day mark described above.

What does it cost to file for divorce in Utah?

You may be responsible for paying:

• Online Court Assistance Program (OCAP) fees
• Fee for the Office of Vital Records and Statistics
• Fees to serve the petition and summons
• Attorney fees
• Copying costs
• Fees for the Divorce Education class and the Divorce Orientation class if there are minor children.

What are the residency requirements for divorce in Utah?

Divorce

• Introduction. ...
• Before filing for divorce. ...
• The divorce process. ...
• Going to trial. ...
• Divorce decree. ...
• After the divorce. ...
• Getting a copy of your divorce decree. ...
• Judicial recognition of a relationship as a marriage. ...
• Temporary separation. ...
• Separate maintenance. ...

More items...

What are the steps to getting a divorce?

Step 1: Filing the Petition. The first step in getting a divorce is filing the petition. In a dissolution of marriage, the person who is filing for the divorce is called the “petitioner.”. The petition is filed in the circuit court and must state that the marriage is “irretrievably broken.”.

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?

Mediation is a process that may help you and your spouse talk about the issues in the divorce and come to an agreement. If you do not agree on your own, Utah law requires you to go through the mediation process before you may go to trial.

What is the fastest way to get a divorce in 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 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.

Can you get divorced for free?

With your court fees covered, DIY is the only method of obtaining a free divorce, but it's only viable if you and your spouse agree to the divorce and the reasons why you're getting one.

How long does an uncontested divorce take in Utah?

An 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.

How long does a divorce take in Utah 2021?

Divorce waiting period Utah law requires that there be 30 days between the date the petition is filed and the date the decree is signed.

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.

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 much does the average divorce cost in Utah?

According to a recent survey, the cost of an average Utah divorce is $13,200. While this may shock you, many divorces that are initially thought to be a simple open and close case end up being highly contested, making the process longer and more expensive than anticipated.

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 it take to get a divorce if both parties agree?

So in case of divorce by mutual consent, it usually takes 18-24 months. In case of a contested divorce, the period is longer, ranging from three to five years because of complications and possibility that either party can challenge the decision in the High Court and Supreme Court.

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.

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.

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.

How long do you have to live in a single county to file for divorce?

Before a spouse can file for divorce, they must also meet residency requirements of living in a single county in the state for a minimum of at least three months.

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.

What is a party who deserts his/her spouse?

A party deserts his/her spouse without good and sufficient cause. A party who has property in the state and his/her spouse is a resident of the state, deserts or neglects or refuses to provide support. A party, without fault, lives separate and apart from his/her spouse.

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 OCAP for divorce?

The petitioner may use the Online Court Assistance Program (OCAP) to prepare the petition and other documents to file for divorce. Follow the OCAP instructions. If either party has a lawyer, the lawyer will prepare the documents required of that party.

How long do you have to serve a divorce petition?

The petitioner must serve the respondent with the petition for divorce, summons and other documents no later than 120 days after the petition is filed. The petitioner must file a Proof of Service form once service has been completed. For more information about service, see our page on Serving Papers.

What is the purpose of an apostille in Utah?

In Utah, the Lieutenant Governor is responsible for providing this kind of authentication by affixing the seal of the State of Utah to the document. The Apostille Request Form is available on the Lt. Governor's website.

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.

How to restore legal name after divorce?

Divorcing spouses may restore the legal name they used before the marriage by including a statement in the petition and decree indicating that their name is being changed. The party should include the complete legal name that is being restored and that will be used again after the divorce.

What are the reasons for divorce in Utah?

Utah state also provides the option of filing for divorce based on a spouse’s bad conduct during the marriage. It's called a fault divorce. The grounds for this procedure include: 1 marital infidelity; 2 impotency of the respondent at the time of marriage; 3 substance abuse; 4 violent behavior; 5 incurable insanity; 6 conviction of a felony; 7 deliberate disregard to provide the standard necessities of life; 8 abandonment for more than one year.

What is fault divorce?

It's called a fault divorce. The grounds for this procedure include: marital infidelity; impotency of the respondent at the time of marriage; substance abuse; violent behavior; incurable insanity; conviction of a felony; deliberate disregard to provide the standard necessities of life;

Does Utah have a divorce law?

Utah’s divorce rate of 3.8 per 1,000 state residents gives it the 3rd highest divorce rate in the nation, tied with Oklahoma, Wyoming, and Idaho. According to Family Law, Utah accepts no-fault divorce procedures. In a no-fault divorce, neither of the parties is accused of ruining the marriage.

How long does it take to get divorced in Utah?

Completing Your Uncontested Divorce. After the divorce petition is filed, Utah has a mandatory 30-day waiting period before the process can be finalized. The waiting period may be waived only under extraordinary circumstances.

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

Whether you're requesting a traditional or uncontested divorce in Utah, you must meet the state's residency requirements: You or your spouse must have lived in the state, and in the county where you file for divorce, for the three-month period just before you file. If you haven't resided in Utah ...

What is OCAP 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").

How many mediation sessions are required in Utah?

In fact, when couples have any contested issues after starting the divorce process, Utah requires that they participate in at least one mediation session. (Utah Code § 30-3-39 (2021).) However, the longer it takes you to reach a comprehensive settlement agreement, the more you're likely to pay for things like attorneys' fees and experts.

Is divorce a soap opera?

Divorce can sometimes be devastating. However, your divorce does not have to become a soap opera. If you and your spouse can agree on the legal and financial issues involved in ending your marriage, you may avoid the stress and anxiety of a divorce trial before a judge. The uncontested divorce process can be relatively quick—and usually much less ...

Is an uncontested divorce more expensive than a contested divorce?

The uncontested divorce process can be relatively quick—and usually much less expensive than a traditional contested divorce. This article provides a general overview of the uncontested divorce process in Utah.

Who will review divorce papers?

Instead, a judge (or court commissioner) will review the paperwork to ensure that it's complete, reasonable, and in your children's best interests. If so, the judge will sign the final divorce decree and judgment, which will incorporate your settlement agreement. (Utah Court Rules of Civ. Proc., rule 104 (2021).)

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

Like most states, Utah has a residency requirement that you must meet before you can file for divorce. Couples must demonstrate that the filing party has been a resident, continuously, for a minimum of three months. Additionally, there is a 90-day waiting period before the court can hold a hearing for your divorce.

What are the reasons for divorce in Utah?

The acceptable reasons for a fault divorce in Utah include: 1 impotency at the time of the marriage 2 adultery by either party 3 willful desertion for more than one year 4 habitual drunkenness 5 conviction of a felony 6 cruel treatment to the extent of causing bodily injury or great mental distress, and 7 willful neglect to provide the standard necessities of life.

What are the reasons for a no fault divorce?

Acceptable grounds for fault divorce vary depending on where you live, but the most common include adultery, drug or alcohol abuse, or abandonment. All states permit couples to request a no-fault divorce, meaning that neither spouse is individually responsible for the breakup.

What are the grounds for divorce?

What Are Grounds for Divorce? In all divorce cases, couples must provide the court with a legal ground to terminate the marriage. Although there are different ways to apply for a dissolution of marriage (divorce), every case requires the applicant to list a specific reason for the request.

Can a divorce be finalized in Utah?

Yes. Utah law is unambiguous that if a divorcing couple has minor children from the marriage, the court can't finalize the divorce until each parent has attended a mandatory course for divorcing parents and presented a certificate of completion to the judge.

Can a spouse get divorced if they are bad?

Your Spouses Bad Behavior May Help You Get a Divorce. No-fault divorce is by far the most popular method of ending a marriage, but for some couples, it's not the right choice. As an alternative, Utah gives couples the option of petitioning the court for a divorce based on a spouse's bad conduct during the marriage.

Is a no fault divorce a good idea?

No- fault divorce is by far the most popular method of ending a marriage, but for some couples, it's not the right choice. As an alternative, Utah gives couples the option of petitioning the court for a divorce based on a spouse's bad conduct during the marriage.