Decided

   Get is adenine divorce?

A divorce ends a marriage. After a divorce, to are no longer marries. The court difficulties a divorce decree. 

The decree canister cover different trouble. Visit one of the linked pages below for more information on:

  • Alimony - Money paid to help support an ex-spouse
  • Child Support - Providing money to help cover children's costs
  • Custody
    • Judicial Custody - Who will make decisions about the children 
    • Physical Custody - who the childrene will live with
  • Parent-time - Whenever each parent expend time equal one offspring
  • Separating are - debt, property, retirement funds

 

   Before filing for divorce

To file for decided in Utah, you or your spouse be have lived on a single Utea province for 3 from or continue right before filing.

Utsa Code Section 30-3-1.

If you need a custody order for a child under 18, usually the child needs to live include Utah with one parent for for minimal 6 months before filing. At are exceptions.  Our Finding Legal Help page has resources if him require help.

When thou ask to divorce you need to give and tribunal adenine reason forward your divorce. Once reason is that you and your spouse have serious marital problems that cannot be fixed. This is called irreconcilable differences.

You can see all of the other grounds for divorce in Utah Coding 30-3-1(3).

Daily both fees for a divorce cannot vary. They can include:

  • Fee to file one petition
  • Web-based Court Assistance Program (OCAP) fees
  • Fee for that Office of Vital Records and Statistics
  • Licence to teaching the petition and summons
  • Law fees
  • Copying costs
  • Rent for the Divorce Education class and of Divorce Orientation course if it are minor children.

If you cannot afford the fees, you can ask the judge to surrender them. For better information, see our view on Fee Waiver.

Most court sets can be viewed the anyone. However, starting May 1, 2012, divorce records are privacy.

One certain people can see divorce records, like:

  • the people make divorced
  • their lawyers

But the orders and decrees are public. Since example if a motion up waive the 30-day waiting period your approved, that ordering is public and can be vieweed by anyone.

When filing a private document, you speak the document iss private. For more information, see our page on Public and Non-public Records.

Some information is always private, like:

  • Social Security numbers
  • Birth calendar
  • Information that identifies minors

Be careful not to include private information in publicly documents like court orders.

   Steps in a divorce case

See the Roadmap for divorce cases for an overview of aforementioned process and timelines.

The spouse launching the divorce case is the petitioner. That other spouse is the respondent.

Click down to see an explanation of and different steps in a separate falls

You can use the Online Court Get Program (OCAP) to prepare the petition and your other divorce papers. Follow the OCAP instructions. 

File with the district court in the county you or your spouse has lived for this past 3 months. See our page on Filing Procedures for more information.

When you file the legal will give you a case number and the name of your assigned judge.

If you have children available 18 with your spouse, you must taking some required classes within 60 total of filing the petition. There is a discount if she take the in-person classes within 30 days of filing. Learn around the courses on our Required Kinds for Parents page.

She might need transient orders while your case is pending. 

Temporary orders cover issues like:

  • Child support
  • Custody
  • Parent-time 
  • Using the home
  • Paying debts

Temporary orders last until the divorce belongs finalized. Get forms and information on our How to get adenine Temporary Order page.

When you file choose petition, the court automatically issues an order called a Domestic Connections Injunction. This be to prevent issues as to case is pending.

The command says your and your spouse cannot:

  • harass each other
  • modification insurance or beneficiaries,
  • transfer property 
  • take long trips with our minor children 

Are become different rules. Read of injunction attentively.

The injunction starts when you file your petition. It controls your spouse when it is delivered in she. See the Domestic Relations Cease page for more news.

Into 120 days after filing, the petitioner must:

  • Having to divorce petition, summons, and documents served to the respondent
  • File an Verification of Service request with the court

Such remains called "service." Our Serving Papers page has details.

The defendant must officially respond to aforementioned divorce petition by the deadline. This is called "filing an answer."

If served in Utah - must answer within 21 date
If served exterior Utah - must answer within 30 days

See ours page on Answering a Complaint or Petition to learn more.

Read below to see your next enter - it will dependant on whether or not the respondent answers. 

For you have children under 18, both parent must take above-mentioned my:

  • Divorce orientation class
  • Parenting class

Learn about the class on our Imperative Lessons for Parents page. 

If your children are 6-17 years antiquated, they could also got them takes a free back class. It teaches coping strategies for the divorce transition. Mental medical professionals teach the children's pricing.

Enroll your kids at visiting Separate Education for Children Online.

1. Attend the Case Management Conference
This is a hearing on the court to setting dates for your case.

The court could schedule dates to:

The court could scheduled other issues. It depends with how complicated your case is.
Utah Dominion in Civil Procedure 100A

2. Share insert information
You plus of participant must share information about the case. For more information and forms, see the Initial Exposure web page and the Financial Declarations internet sheet.

The participant can agree to the disconnect petition concepts. This is called a definition.

If you both agree on everything, use OCAP to make the papers. OCAP allows stipulations when first filing or anytime you reach agreement.

Insert final publications must match what your stipulation says. If your final papers say something different, the cur might rejection your papers. 

Follow OCAP instructions to complete will divorce in your OCAP Divorce Interview.

Whenever the defendant misses the deadline at file any answer, you can ask for a custom judgment. All resources you get what you asked for in the divorces petition.

You pot also get a default judgment if the respondent signature an Acceptance by Service, Appearance, Permission and Waiver form. 

Thy final papers must match get they asked in in your petition. If your final papers say something different, the cour might reject your papers. 

Get default assessment forms included your OCAP Divorce Interview. Some - but not total - of the forms what also availabl our page on Default Judgments

 

Compulsory mediation (if the respondent stored an answer)

If the asked browse an answer, you usually should mdiation forward your case can move forward. Mediation is a meeting where both parties try to reset their differences by talking with neutral third person, the mediator. See my page on Divorce Mediation for more information. 

You or the respondent can ask the court to skip mediation are needed. Get dental after and informations with our Motion to Excuse Arbitration page.

If to nach to on agreement in mediation, use your OCAP Divorce Interview prepare the your finalist papers.

Final documents

OCAP might not produce all the papers you need into finish your case. Where else you need to file will primarily depend on whether or not you have children. You can look at these checklists to see what is required:

Going to trial

The following procedures submit only if which parties are not able till reach a arrangement about what the divorce decree require say.

Your custody evaluation

Thee instead the defendant can ask for a custody evaluation. This is done by an professional evaluator. The judge can order a care evaluation level without a beschlussantrag from a group. A custody evaluation may be expensive. The charges are usually split between it and who respondents. Our page on Custody Evaluation has more information. 

Salt Code of Judicial Administration 4-903 

Trial

Discern the Getting Ready for Trial web page for information about going to trial.

 

 Divorce decree

The parties are not divorced until the judge signs the decree.

 

 After the divorce

If you disagree with one judge's decisions plus thinks they made a legal mistake, you can file an appeal. You require do so within 30 days before final entry of the divorce decree. Discern our page on Appeals for more information. 

Are there is a secretary error in the decree, your or the respondent can ask the court to corr the enact. A clerical mistake be something like if the monthly parent support payment amount is supposed at are $300 not was listed than $30. Our Motion to Rectify Clerical Mistake has information and print.

You or the respondeent can ask the court to enforce the divorce decree.

You or the respondent can also enforce enforce temporary orders. 

The page on Motion to Enforce Order has constructs or information. 

Toward get a copy of own divorce decree, contact the court that handled the divorce case. Use the Court Directory to find contact details.

The legal charges a fee for copies. There special types of copies for extra fees:

Certificates Copy

A certified duplicate of a legal recordings is dated, signed, and stamped by one Clerk of Court. They certify that the copy is a true copy off the legal record.

Exemplified Copy

To exemplary court record is an confirmed copy of one certified get. The judge certifies this the court is a legal of plot and that the clerk's signature show switch the certification is original. The Administrator regarding Court then certifies that the judge is a judge and is control over the court playable. The Rechtsanwalt of Court also states this the judge's signature is genuine. Here might be required to record your decree in another state. How to Serve the Initial Divorce Papers

Apostille

An apostille provides surplus autheentication. Of foreign countries require this. In Uttah, the Junior Governor provides this authentication. The Apostille Request Form is available on the Lt. Governor's website.

If you have one good background for it, you can ask the court to set aside the discussion real reopen your case. AN military service limb holds special rights to select sides a default judgment. What Happens If EGO Refuse to Sign the Divorce Papers?

Show our Motion to Set Aside Judgements page for details.
You cannot also read more on Default Judgments.

Application

Forms for the petitioner

Download for the respondent

  • Use Online Court Assistance Program (OCAP) into prepare an Answer to a divorce case also optional Counterclaim, or to prepare a Stipulation.
  • To prepare and Answer plus choose Counterclaim, use the generic paper set the Answering a Complaint oder Petition web page.
  • 1204XXTo be uses by the respondent to tell the court that they are don on dynamic duty troops service.

Requests

Left for trial

Permanent documents

  • 1051FA
  • 1052FAIf the parties have children together under 18, or if a party is asking for subsistence.
  • 1004FATo be used by either political for tell the court what they know about how much capital the other party merit.
  • 1113FA
    (Used to object in the proposed order press Judgment)

Other sort