If you are navigating a divorce, it is easy to feel overwhelmed and, at times, lost. There are so many tasks to check off and details to address. It can be hard to know when you have crossed all your T’s and dotted all your I’s. The divorce process is often so complex, knowing what your next move should be is not always clear.
Continue reading for an overview of the process, timeline, and steps to getting a divorce in Utah.
A divorce begins when a petitioner files a petition for divorce. Then, papers will be served. Proof of service is filed with 120 days of serving. Though, a Stipulation will be filed if both parties agree.
If Parties Disagree
Once papers have been served, the respondent will need to reply. The summons will state how many days the defendant has to respond. In most cases, if they are served in Utah, they must file their response within 21 days of being served. If they are served outside of Utah, the defendant has 30 days after service. If the defendant does not reply or reply within the allotted timeframe, the plaintiff can ask the court to enter a default judgment (the plaintiff wins, and the defendant loses the chance to tell their side).
Parties will then exchange financial declaration and initial disclosures. Each party must reveal their income, any assets, and debts and expenses to the other party to determine child support, alimony, and division of debt and property. Parties also need to disclose any information, documents, and witnesses that help prove or defend their case.
Both parties must complete at least one session of mediation in an attempt to resolve any disputed issues. If mediation does not resolve disputed issues, a trial will be necessary. In a trial, a judge will determine the case and tells parties to prepare and file final documents.
If, at any point, before the trial, either party can file a motion for a temporary order. A temporary order will determine child custody, parent time, alimony, attorney fees, and other matters. Both parties must file this temporary order until it changes or until the final ruling.
If Parties Agree
If both parties agree, a Stipulation will be filed. Parties must wait 30 days from the date petition was filed. Final documents will be filed next.
Final documents are filed. If there are children involved, proof of income for both parties will need to be submitted. Additionally, both parties must attend a mandatory education class from an approved provider. Online or in-person courses are available. This education course can be waived by filing a motion. Certificates of completion of this education course must be presented.
Case is Finished
After final documents have been filed, a judge will review documents and sign the divorce decree.
Contact Ault Firm, P.C.
The attorneys at Ault Firm can help you navigate the hassles and headaches of divorce. If you are thinking about divorce and need legal representation, contact the experienced lawyers at Ault Firm, P.C. today.