how to get a divorce without a lawyer in utah

by Mr. Vinnie Hodkiewicz Jr. 9 min read

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

Jul 17, 2021 · Filing for divorce in Utah without using a lawyer. You can choose to represent yourself in a divorce in Utah. If you want to pursue an uncontested divorce and you and your spouse agree on all terms, you can complete the required paperwork, cite a no-fault ground, and as long as you meet residency requirements, you can proceed on your own.

What are the requirements to file for divorce in 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 …

Do I need a lawyer to get an uncontested divorce?

Utah's Residency Requirement for 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 or the county long enough, you'll need to wait until …

How can I get a cheap divorce in Utah?

Jan 16, 2021 · Can I file for divorce in Utah without using a lawyer? You can choose to represent yourself in a divorce in Utah. If you want to pursue an uncontested divorce and you and your spouse agree on all terms, you can complete the required paperwork, cite a no-fault ground, and as long as you meet residency requirements, you can proceed on your own.

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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.

How much does it cost to file for divorce 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 quickly can you get divorced in Utah?

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. A party can ask the court to waive the waiting period for extraordinary circumstances.Sep 17, 2021

Do you have to have a reason to get a divorce?

The laws about divorce are changing. This means you won't need to give a reason or 'ground' to get divorced - this is sometimes called a 'no fault divorce'.

Can you get a divorce without a lawyer?

Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.

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

Is Utah a 50 50 divorce state?

Utah is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.

How long after a divorce can you remarry in Utah?

At what point during the process in Utah can a spouse remarry or start dating? Legally you cannot be married to more then one person at the same time. Therefore, until your divorce decree is entered (no sooner then 91 days upon filing for divorce) you cannot remarry.

Is alimony mandatory in Utah?

Alimony is gender-neutral in Utah, meaning either spouse can request support during the divorce process. When considering a request for alimony, the judge will evaluate the following factors to determine the type, amount, and duration of support: the financial condition and needs of the supported 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 happens if the respondent does not file an answer?

If the respondent does not file an answer within the time specified in the Summons, the petitioner may ask for a default judgment. This means the petitioner gets what they have asked for, and the respondent won't have a chance to tell their side of the story.

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 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 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 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 ...

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.

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).)

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 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.

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 ...

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.

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 a spouse have to be married in Utah?

A key element is that the former spouse must have been married to the former servicemember for a minimum of 10 years while the military member has served on active duty. Child support and spousal support are determined by Utah state guidelines.

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 many hours of divorce classes are required in Utah?

With Children. If you have minor children from your marriage, you and your spouse are required to attend a mandatory one-hour Divorce Orientation and a two-hour Divorce Education Class. Information about both classes can be found at Utah Courts.

How long is the waiting period for divorce in Utah?

There is a mandatory thirty (30) day waiting period for all divorces in Utah. This waiting period is intended to allow a “cool off” period for parties contemplating divorce and offer a chance at reconciliation. In some cases, the court will waive the mandatory waiting period. To have the waiting period waived, the parties must demonstrate to the court that the parties have attempted to reconcile but have been unable to do so, or that there are other circumstances that prevent the parties from reconciling. Our office can prepare the additional paperwork asking the court to waive the mandatory waiting period for an additional $50. However, we can not guarantee that the Court will waive your waiting period.

Can a court waive the waiting period?

In some cases, the court will waive the mandatory waiting period. To have the waiting period waived, the parties must demonstrate to the court that the parties have attempted to reconcile but have been unable to do so, or that there are other circumstances that prevent the parties from reconciling.

Can you do it yourself divorce?

In order to complete a Do-It-Yourself Divorce, your divorce must be simple. Parties that have been separated for a long time, who have few debts, and who have already physically divided all of their property can easily proceed with a Do-It-Yourself Divorce .

Do it yourself divorce in Utah?

To qualify for a Do-It-Yourself Divorce, your divorce must be completely uncontested. This means you and your spouse must be in full agreement as to all terms. Many times, Utah Legal Clinic can determine quickly over the phone if you qualify for the Do-It-Yourself Divorce service. In most cases, no court hearing is required for uncontested divorces.

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

If you want to file for divorce in a Utah court, you must have lived in the state for at least three months. If you have minor children and need the court to decide custody, those children typically must have lived in the state at least six months. Steps.

How long do you have to wait to file a divorce in Utah?

Complete the 90-day waiting period. Utah law generally requires a period of 90 days between the date you file the petition and the date the judge signs your final order, regardless of whether you and your spouse agree.

What to do if you have outstanding child custody issues?

If you have outstanding issues regarding child custody and support and you and your spouse cannot agree, you can get a professional evaluator to perform a child custody evaluation and report their findings to the court. Either party may request an evaluation, or a judge may order one even if neither party requests it.

What is OCAP in Utah?

Rather than physical forms, Utah has an Online Court Assistance Program (OCAP) you can use to prepare the petition and other documents you will need to file for divorce. The online system includes instructions on how to fill out the forms correctly. After you input all the necessary information, the program will personalize ...

How many mediation sessions do you need in Utah?

Comply with mandatory mediation. If your spouse files an answer, Utah law requires you to attend at least one mediation session to attempt to resolve your differences.

How much does it cost to file a divorce?

To open your divorce case, you must file your forms in the clerk's office of the court in the county where you live. The clerk will charge you a $310 filing fee (plus the $20 document preparation fee if you used OCAP).

What to do if you can't afford a court fee?

If you can't afford the fee, you can file a motion asking the judge to waive them. You'll have to file extensive documentation proving that you are unable to afford the fee, including a detailed description of your income, expenses, debts, and property.

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