No one gets married thinking they will get divorced. At least I hope not. But it happens, and that’s ok. And it’s never fun. In fact, even if you’ve come to grips that divorce is the best option for you and/or your spouse, it’s still heart-breaking. But here’s the thing, most people come out of it so much happier. Sounds hard to believe right? But after 15 years of working with divorcing couples, I know this to be true. Divorce…
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Military divorces can be complicated, whether you and/or your spouse are active members or past members. Below, you’ll find information to help you through the specifics of your process. Filing, Serving and Answering the Petition for Divorce To file for divorce in Colorado, you or your spouse must either reside in or be stationed in the state for at least 91 days, you must file a petition for divorce in the county you live in, and in order for the court to have jurisdiction over a serving member, the active duty spouse has to be personally served with a summons and a copy of the divorce Petition. If you file for divorce in the state of Colorado, Colorado retains jurisdiction…
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So you’ve made the decision to file for divorce. You need to know what county to file your paperwork in and what address should be used on your court forms (or risk the possibility of them being rejected, meaning they would be returned to you unfiled). Related: How to File an Uncontested Divorce & What to Expect Either you or your spouse must have lived in a single Utah county for a period of at least 3 months before filing your divorce petition. This also applies to members of the military and their spouses, wherein the Petitioner (the one initiating the divorce process) must have resided in Utah for at least 3 months before bringing an action, even though they may…
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If you want better communication during divorce, remember first things first. If you want to negotiate a divorce agreement, you have to remember (and accept) the following principles: Be mindful that your purpose is to avoid arguing and to be as persuasive as possible. The communication issues you had during your marriage will not go away in separation. What does that mean? It means you need to manage your expectations and negotiation style or risk one or more of the following: constant arguing, bickering, flat-out fighting, delay, defensiveness, lack of progress, and disappointment. You have to remember, especially if you have young children with your spouse, that you are going to have to communicate with this person for a very…
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Many people take their spouse’s last name when they get married, but when they get divorced, some people want their previous names back. In Utah, this process is called Name Change. If you do not wish to change your name during or after your divorce, there is nothing you need to do. However, if you want to restore your previous name, this article will walk you through the steps you need to take to do so. If Your Divorce Has Not Started If you just started the divorce process, the best way to indicate that you want your former name restored is by making sure you fill out the Name Change section on your petition for divorce and provide your…
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Serving the Petition for Divorce NOTE: if you have an uncontested divorce and your spouse has signed a stipulation, you do not need to serve any forms upon them. Acceptance of Service, Appearance, Consent, and Waiver If your spouse did not sign a stipulation, but: (1) has read the Petition for Divorce, (2) agrees with everything included in it, and (3) would like to waive their right to respond or challenge anything contained within, they can sign this form. This allows for the divorce to be granted under the exact terms included in the Petition without input or objection from the other spouse. 1020GEJ – Proof of Completed Service and 1021GEJ – Certificate of Service To be used when your…
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If you’re divorcing, you realize there are A LOT of forms – for each step of the process too. Use our checklist to ensure that you have completed every document needed to get your Utah divorce past those pesky clerks and into the hands of the Judge who will (finally) sign off on it and grant your divorce. Download UT Divorce Forms Checklist
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I keep hearing that I have to ‘serve’ my spouse for a divorce. What does this mean, and how can I do it? The law affords everyone due process.’ Or in plain English, before you can sue someone, you have to first tell them what you want and why. Yes – divorce is a lawsuit! Your spouse therefore must receive a notice (via “service”) that you have filed suit, as well as notice of what exactly you are suing them for. In other words, you have to tell your spouse the legal reason for your requested divorce. If you do not get your spouse properly served, your case can be delayed or dismissed. After being served, if the Respondent spouse…
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Your spouse has filed for divorce and you have received the initial paperwork. So, what are your next (or first) steps? Signing a Stipulation If you agree to the terms of the Petition, meaning that you and your spouse already agree on all the issues (diving property, custody terms, etc.), you can sign a stipulation that you agree to all the terms, and thus, skip the work and hassle of needing to be served with the Petition and Summons, filing an answer and paying the filing fee, and submitting financial disclosures. QUICK TIP: You can easily create your stipulation or Answer by signing up for one of our DIY memberships. Accepting Service For those that cannot go the stipulation path, the…
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If you’ve made the decision to end your marriage, chances are there are countless questions running through your mind: Who will keep the house? How will custody work? How will you split up your assets? And, perhaps one of the biggest questions of all, should you hire a divorce lawyer? The choice to “lawyer up” during divorce can be a very complex decision. Here we will break down some of the best – and worst – reasons to consider hiring…
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