If you’re having trouble talking with your spouse about divorce, read our 10 Tips for Talking With Your Spouse About Divorce.
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Filing for divorce in Utah doesn’t have to be a battle.
When spouses are willing to collaborate on the terms of their divorce, this can be the first step toward a more peaceful process.
In this article, we’ll look at the different types of divorce in Utah, the steps required to file a divorce petition in Utah, and how mediation can benefit the process.
There are three types of divorce in Utah: contested, uncontested, and default.
Utah allows fault-based and no-fault divorces (more on that in the FAQ section).[/vc_column_text][/vc_column][/vc_row]
If you’re having trouble talking with your spouse about divorce, read our 10 Tips for Talking With Your Spouse About Divorce.
In Utah, divorce rates are consistent with the rest of the nation, and spouses are more likely to go through a more cooperative process.
Utah’s courts impose a residency requirement. This means you or your spouse must have lived in the state for at least three months before you can file for divorce.
Here’s the typical process for filing for divorce in Utah:
Your first step to filing for a divorce in Utah is meeting with a divorce mediator or attorney. A mediator can be a strategic guide to help you and your spouse reach the best possible agreements.
Whether you and your spouse agree on most things or don’t believe you agree on anything, you can reach all of your agreements in mediation. Your mediator can file the documents with the court.
Some other benefits of mediation include:
If you’re more of a visual learner, check out Utah State Courts’ Roadmap for Divorce Cases.
When spouses aren’t able to resolve disputes in mediation, the litigation process begins when one spouse presents the other with their demands in a petition. After being served, your spouse has 21 days to respond if they were served in Utah or 30 days if they were served in another state.
If a response is filed, both spouses complete a Financial Declaration outlining all relevant financial items.
Utah divorce laws require a 30-day waiting period between the date the petition is filed and the date the divorce decree is signed. The waiting period still applies if both spouses agree on all matters.
At this point, spouses must settle any unresolved issues.
But, spouses still don’t have to go to court. All agreements can be reached with the help of a trained mediator. Spouses who opt for the mediation process can complete their entire divorce process while staying in complete control of their agreements and never having to go to court.
Ninety-five percent of Aurit Center clients fall into that category. After reaching an agreement, their mediator drafted their court documents and filed them on their behalf. Simple as that.
Here are some other steps to take if you and your spouse have children:
If you and your spouse have minor children, you must attend two mandatory classes before the petition is granted. One is a divorce orientation class, and the other is a divorce education class.
If your kids are between the ages of 6 and 17, you can enroll them in a free divorce education class. It’s taught by a mental health professional, and it aims to help kids understand and cope with the coming changes.
Utah courts require that all divorce cases attempt at least one mediation session before proceeding to litigation. Under Utah law, spouses choose thier mediator and equally pay mediation fees unless the court makes an exception.
Aurit Center Certified Mediators are highly qualified and ready to help you and your spouse find the best possible solution.
In court, if you and your spouse disagree on child support or custody issues, you can ask and pay for a child custody evaluation.
A professional evaluator will observe you, your spouse, and your kids and submit a formal recommendation to the court regarding the children’s best interests.
There are many benefits of working with a mediator to complete your divorce process.
Here are just a few frequently asked questions about filing for divorce in Utah:
To file for divorce in Utah, there’s a filing fee.
Depending on the case, the total cost of a divorce in Utah can also include:
To determine the amount of alimony to award, Utah courts look at:
Unless there are concrete reasons to do so, courts can’t order alimony for a period longer than the marriage lasted.
An uncontested divorce in Utah can take about three months to complete. A contested divorce, on the other hand, can take from nine months to a year or more, depending on the complexity of the spouses’ issues and marital assets.
Even the fastest divorce in Utah will take at least 30 days since there’s a 30-day waiting period.
In a fault-based divorce, one spouse must prove the other is to blame for the end of the marriage by demonstrating specific grounds for divorce, such as adultery, substance use disorders, or abandonment.
In contrast, a no-fault divorce allows spouses to obtain a divorce decree without assigning blame. And remember, Utah is a “no-fault” divorce state.
We hope you’ve now gained some clarity about the divorce process in Utah.
Now that you know what to expect, you can approach the process with confidence. You got this!
If you want to learn more about working with an Aurit Center Certified Mediator and how our process works, we’d love to hear from you. Fill out our contact form or schedule your free 1-hour consultation.
