Divorce papers in Utah — filing for divorce in UT

Online divorce in Utah

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How to get divorce in Utah

The information below will help the interested person understand more about the divorce in Utah.
Divorce in Utah is known as ‘Dissolution of Marriage’, from the legal point of view, it is a civil action that is filed from the Petitioner (the spouse who files a Petition for a divorce) on the one hand and the Respondent on the other side.

The common steps of how to get dissolution of marriage in Utah:

1

Getting a divorce in Utah is possible only on the condition that the marriage is valid.

2

The interested person or his\her spouse must meet the state's requirements for living, in other words, be a resident of Utah and the county where the interested person want to file a claim. The interested person should also have grounds for getting a divorce. According to the law, the grounds can be either fault or no-fault.

3

Thee interested person can get an uncontested divorce, regardless of whether he or she ha minor children or not, the main condition is that the client and the spouse have an agreement on all disputes in the divorce case.

4

Fill out the divorce form documents prescribed by the state and file them in court.

5

File copies of the divorce documents with the spouse after they have been registered in court, this process is also know as ‘serving a spouse’.

6

After all the divorce form documents are transferred to court and the spouse is served, the law sets a waiting period of at least 90 days.

Residency:

In order to divorce in Utah, one of the partners must be a resident of the state, and also live in the county where the petition will be filed, for at least 3 months.

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Valid grounds to get divorce in Utah

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Citizens of Utah can get both fault and no-fault divorce.

The reasons for the fault divorce include:

#1

Impotency of the Respondent;

#2

Adultery, which the Respondent has ensured after marriage;

#3

If the Respondent has abused alcohol;

#4

If in a marriage the Respondent has committed a crime for which he or she was convicted;

#5

If the Respondent has caused severe mental or physical damage to the Applicant;

#6

If the Respondent suffers from a severe form of insanity, which can not be cured;

#7

Having all possibilities to support the Petitioner, the Respondent refuses to do this;

If the interested person files for divorce on the basis of one of the above reasons, he or shewill have to prove in court the fault of his or herspouse. It is possible apply for a no-fault divorce. The no-fault reasons are:

  • Spouses lived separately from each other for 3 years without cohabitation; 
  • Irreconcilable differences in marital relations;

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Annulment of the marriage in Utah

Utah legislation allows couples to annul their marriages.

Marriage can be canceled if there is one of the following reasons:

  • Fraud: one of the spouses lied or concealed what directly affects the marriage relationship;
  • Incest: spouses are related by blood relationship;
  • Bigamy: one of the spouses had an official wife or husband at the time of marriage;
  • Minor: at the time of marriage, one of the spouses was a minor.
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Custody of the child in Utah

Custody of the child

The court can award custody of minor children who were born in wedlock. The court is always guided by the best interests of the child in making its decision. The main form of custody is joint custody, in which both parents are equally responsible for making important decisions in the life of the child.

In case of individual care, only one of the parents is the main guardian of the child and has the right to make decisions regarding the upbringing of the child, the second parent has only the visiting hours set by the court.


The court can examine the child's wishes for his or her guardian, if the court is satisfied that the child can reason. If the child is 16 years of age or over, the court may consider the wish the child in any case.

Rules for child support in Utah

When a divorce is in Utah, the court has the right to make the following:

  • To appoint one of the spouses or two to be responsible for providing financial support to their underage children;
  • Appoint one of the spouses responsible for providing medical insurance to their minor child;
  • Appoint one of the spouses responsible for the dental care of the child;
  • A spouse who is not the primary custodian may be required to fully pay financial support to the child while the spouse-custodian attends additional courses that will help him or her find a good job;

Utah uses the Income Shares Model to calculate child support obligations.

Uncontested Utah divorce with children
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Rules for spousal support in Utah

Rules for spousal support

The court has the right to award spousal support (alimony) in favor of one of the spouses. The following factors will be considered by the court when deciding:

  • Financial situation of the requesting spouse, as well as her or his needs;
  • Salary of the requesting spouse, as well as her or his additional sources of income;
  • How many years the couple lived in marriage;
  • Whether the requesting spouse is a custodian of underage children;
  • Whether the requesting spouse promoted the increase in the professional skills of her or his partner;
  • whether the requesting spouse worked in a business that belonged to his or her spouse;
  • In some cases, the court may also consider the reasons that led to the dissolution of the marriage.

The duration of alimony is determined by the court, however, they can not be paid longer than the duration of the marriage. Alimony is terminated if the requesting spouse remarries or if he or she starts cohabiting with someone else. If the second marriage is recognized as invalid and will be canceled, the payment of alimony will be resumed.

Property division in Utah

Property division

Sposes are required to divide their common property. Utah courts adhere to the rule that property should be divided fairly and equitably. When considering the question of the division of property, the court must determine the following provisions:

  • Which of the spouses is responsible for paying off the general debts that were acquired during the marriage;
  • A decree obliging the spouses to notify the creditors of how the general debts will be divided and which of the spouses bears what responsibility;
  • The contribution that each of the spouses made to increase the family's income and property;
  • If one of the spouses has influenced his or her partner in such a way that the income of the second spouse has increased significantly, then the court can decide on compensation in favor of the first spouse.

Divorce without a lawyer in Utah

It is possible to get a divorce without a lawyer. Depending on which county the interested person lives, the process of divorce in the state of Utah can vary. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.

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Mediation support in Utah

If a couple has a common minor children who were born in a marriage, then the court obliges the parents to procure a special Courses for Parents of Minor Children after which the certificate of completion of the course will need to be presented to the judge.

Divorce forms in Utah

In order to start a divorce in Utah, the interested person must fill out the divorce form documents. The most common divorce forms in Utah are ‘Verified Complaint for Divorce’ and the ‘Summons’.

Uncontested divorce in Utah

Uncontested divorce in Utah

To file for an uncontested divorce in Utah, the interested person and the spouse must discuss the following points and come to a common solution:

  • Custody of minor children; 
  • A plan for visiting minor children; 
  • Financial support of underage children; 
  • The division of property acquired in marriage; 
  • The size and duration of matrimonial support.

The interested person also need to document the agreement and submit it along with the Utah divorce papers. If the interested persons can not come to a common decision, then the court will do it for them. In order to obtain an uncontested divorce, the interested person must also meet the following conditions:

  • Spouses are living in Utah for at least 3 months, and if they have underage children, then at least 6 months. 
  • Spouses agree on all the contentious issues of the divorce, as well as both agree with the reasons that led to the desire to dissolve a marriage. 

If spouses meet all of the above requirements, they can fill out the following divorce form documents that are relevant to the uncontested divorce: ‘Civil Coversheet’, ‘Petition for Divorce’, ‘Vital Statistics Form / Certificate of Dissolution’, ‘Acceptance of Service’, ‘Stipulation’, ‘Affidavit of Jurisdiction and Grounds’, ‘Military Service Declaration and Order’, ‘Findings of Facts and Conclusions of Law’, ‘Decree of Divorce’.

If the interested person and the spouse have common underage children, then the following forms must be filed as well:

  • "Child Support Worksheet". 
  • "Affidavit of Income and Compliance with Child Support Guidelines". 
  • "Financial Declarations", and "Child Support Locator". 

The interested person may need to fill out additional Utah divorce papers, everything will depend on the county in which he or she files a lawsuit.

How to serve divorce papers in Utah

How to serve divorce papers in Utah
The interested party have to send copies of these documents to the spouse after the interested person filed the papers in court. The law gives the interested person a period of 120 days to notify the spouse.
According to the laws of Utah, the interested person can transfer papers to the spouse in several ways:

  • Through the Deputy Sheriff; 
  • Hire a private process server; 
  • Transfer documents personally to the spouse.
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Filing fees for divorce in Utah

Total fees will contain sum of Utah court filing fees and cost of using the service of online divorce in Utah. This cost may vary by county. Please check with your local court officer to determine the exact amount.