Residency Requirements
In order to file for a no-fault divorce in the state of Utah, at least one of the spouses involved in the divorce must have been a Utah resident for at least three months before the divorce papers are filed.
Filing for Divorce
In order to begin the action for divorce the Petitioning spouse must file a Petition for Divorce in the district court of the county in which either the Petitioner or their spouse resides. Filing varies from county to county, so check with the Clerk of your county court to ensure that you are filing the correct papers. Once filed, it is the Petitioner's responsibility to have the necessary forms served on his or her spouse. Once service occurs it is the Respondent's responsibility to file an answer with the court.
Once the Respondent files an answer, the 90-day waiting period begins. This time period is meant to "cool-off" both parties, and allow for a settlement. If the case does go to trial, then the judge will attempt to make the most equitable (fair, not equal) decision for all parties involved.
A Note about Parenting Courses
The State of Utah requires that any parents that divorce with children must take a mandatory parenting course that is meant to educate divorcing parents on the needs of their children before, after and during divorce. If parents have gone to the educational divorce program, then the 90-day waiting period is waived, and the divorce can take less time.
A Note about Forms
If the parties have reached an agreement and they do not desire to proceed with a lengthy trial they can use Rocket Lawyer's easy interview process to complete a Divorce Settlement Agreement. The Divorce Settlement Agreement facilitates the division of property, assets, debts and liabilities as well as settles matters of child support, custody and visitation.
The State of Utah is very dedicated to making the divorce process easy and understandable. You can use their Online Court Assistance Program to create various legal documents. You can also use Rocket Lawyer.com to Find a Lawyerin your area to help you with your divorce.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.
