- Serving the Petition for Divorce
- Summons
- Answer and Counterclaim
- Disclosures
- Trial forms
- Motion for Temporary Orders
- Forms relevant to those with children
- Glossary
- FAQ
- Reference
Ready to file for divorce? Here is a guide to help you through all of the necessary paperwork and major steps.
Filing for divorce in Utah involves the following five steps:
- Petitioner (the one who starts the divorce) completes and files documents with the courts. Sometimes, the petitioner asks the courts to make immediate decisions (called temporary orders) at this stage.
- The court issues a Domestic Relations Injunction, preventing issues like property transfers and harassment, during the divorce process.
- The petitioner serves (or formally delivers) the divorce paperwork and files proof of that delivery with the court. This must happen within 120 days of filing.
- The two parties wait 30 days between filing for divorce and finalizing it.
- The person served paperwork must respond within 21 days (if served in Utah) or within 30 days (if served outside Utah).
Keep reading to learn what you need to know about the forms involved in the divorce process.
Serving the Petition for Divorce
The very first form that begins your divorce is the Petition.
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 spouse has not:
- Signed a stipulation
- Signed and filed an Acceptance of Service, Appearance, Consent, and Waiver form
In the case of personal service or service by registered mail, you cannot personally serve the Summons and Petition upon your spouse in your own divorce proceeding. As such, you have to file proof with the Court that you arranged for the service of these documents. Formal service, in the divorce context in Utah, can be completed by (1) personal service (in person), (2) by registered mail, or if permission is granted by the Court, (3) by alternative methods of service.
In the case of personal service, documents are given personally to the Respondent's spouse. Documents can be served by a sheriff, a constable, a U.S. Marshal, or by any person 18 or older who:
- Is not a party in the case or an attorney for a party in the case,
- Has not been convicted of a felony violation of a sex offense listed in Utah Code section 77-41-102(16), or
- Is not a respondent in a protective order proceeding (See Utah Code Section 78B-7-101 et seq.)
Whichever form of service you choose, you must ensure to file the original completed form with the Court within 120 days of filing the Petition for Divorce with the Court. A copy of the completed form must be mailed to the Respondent's spouse or their lawyer.
These forms should be used when providing personal service or service by registered mail. If you cannot locate your spouse despite your best efforts, you can file a Motion for Alternative Service.
1022GEJ – Acceptance of Service
If you are the Respondent spouse, the Petitioner spouse may request that you "accept service". This allows them to bypass the costs associated with formal services, such as personal service or registered mail. If you consent, the documents can be given to you directly by the Petitioner (or anyone else) in person, by mail, or by email. If you agree to this form of service, you must fill out and file the Acceptance of Service form with the Court and provide a copy to the Petitioner's spouse for their records.
Accepting service does not impact your right to file a response disagreeing with some (or all) of the contents of the Petition for Divorce – it's simply a way to avoid having the Petitioner's spouse pay for the costs associated with formal service.
1025GEJ – Ex Parte Motion for Alternative Service and 1028GEJ – Proof of Alternative Service
In cases where you cannot locate your spouse to serve them by personal service or by registered mail, you can file a Motion for Alternative Service with the court to ask if they will grant you permission to serve notice of the divorce proceedings in another way.
You will have to detail all that you have done to try and find your spouse to serve them by personal service or by registered mail, and why those attempts have failed. You can then request service by alternate methods you suggest to the Court, such as email, text message, posting on social media, and/or publishing a summons in a newspaper of general circulation, among other options. The Court will decide whether it grants you permission to complete service by an alternate means, and if granted, you will have to follow the Order exactly as written. For more information, please visit this link.
After completing service by an alternate method, you will need to file a Proof of Alternative Service with the Court to demonstrate you did so.
Summons
1015GEJ – Summons, within Utah
As the petitioner who is initiating the divorce process, you must serve both the Petition for Divorce and a Summons upon the other party to let them know the process has begun. This form is used when your spouse lives in the state of Utah and notifies them that they have to respond within 21 days.
1016GEJ – Summons, outside of Utah
As the petitioner who is initiating the divorce process, you must serve both the Petition for Divorce and a Summons upon the other party to let them know the process has begun. This form is used when your spouse lives outside of the state of Utah, and notifies them that they have to respond within 30 days.
Answer and Counterclaim
1011GEJ – Answer
- Filing an answer allows you to express agreement, disagreement, or neither agreement nor disagreement with respect to each paragraph listed in the Petition for Divorce. If you disagree with certain paragraphs, you have an opportunity to list why for each one. If you would like to make your own claims or requests for aspects not addressed in the Petition for Divorce, you will need to file a counterclaim along with your Answer.
- There is no fee for filing an Answer. There is a fee for filing a Counterclaim, which would need to be filed (and paid for) at the same time as the Answer.
1012GEJ
A Counterclaim is filed when you want to raise new issues not listed in the Petition for Divorce. A copy must be served to the Petitioner's spouse (or their lawyer, if they have one), and the Certificate of Service enclosed within the form must be completed before the Counterclaim can be filed with the Court (alongside your Answer).
Disclosures
1352FAJ – Financial Declaration, 1351FAJ – Notice of Disclosure Requirements in Domestic Relations Cases, and 1353FAJ – Certificate of Service of Financial Declaration
If you are the Petitioner spouse, you must serve the Respondent spouse your Financial Declaration (including attachments) and Notice of Disclosure Requirements forms within 14 days of their response being served upon you. You must also complete the Certificate of Service of Financial Declaration (following the rules of service) and file it with the Court to prove you provided the other copy with the documents. A copy of the certificate must also be provided to the Respondent.
Financial Declarations are not filed with the Court unless requested, such as when one party makes a request to the Court to decide upon their motion asking for temporary child support and/or temporary spousal support.
If you are the Respondent spouse, you must serve the Petitioner spouse your Financial Declaration (including attachments) within 42 days of filing your first Answer with the Court, or within 28 of your first appearance in front of the Court in your case, whichever is later. You must also complete the Certificate of Service of Financial Declaration and file it with the Court.
1200GEJ – Initial Disclosures and 1201GEJ – Certificate of Service of Initial Disclosures
In divorce cases, this form is served upon the other party alongside your Financial Declaration (and attachments). Initial Disclosures ask you to provide details on the following:
- Discoverable information: A list of people who know about the divorce
- Witnesses: A list of people who may be called on to support your case
- Documents supporting case: copies of any supporting documents for your case
- Electronically stored information: relevant emails, text messages, etc. of yours that are relevant to the case
- Tangible things: physical objects that support your case
- Documents referred to in pleadings: copies of any documents mentioned in your Petition or Answer
- Damages: An estimate of damages and supporting evidence
- Agreement to Satisfy, Indemnify, or Reimburse: copies of any agreements that state someone else is responsible for paying for the judgment or have to reimburse them for the judgment, including insurance (if applicable)
Disclosures are information provided to the parties, by each other, without a formal request. A Petitioner spouse must provide Disclosures within 14 days of being served with the Respondent spouse's Answer. The Respondent spouse must provide Disclosures within 42 days of first serving their Answer upon the Petitioner, or within 28 days of their first appearance in Court, whichever is later.
Both the Petitioner and Respondent spouses must also file with the Court a Certificate of Service of Initial Disclosures along with their Initial Disclosures.
Trial forms
1250GEJ – Certificate of Readiness for Trial
This form is filed by one party only and acts as a checklist for the Court. In divorce cases, you must indicate whether mediation was completed (or excused) and whether the divorce education classes were taken by both parties (in cases with children under the age of 18). Once the court receives this, they will schedule a pre-trial conference.
1261GEJ – Trial Issues (Domestic Cases)
Both parties prepare this document for the pretrial conference. Within it, each person lists the issues to be decided on a trial and states their position on each (e.g. child custody). If an issue is not listed on this document, it cannot be brought up during the trial.
Motions for Temporary Orders
1101FAJ – Motion for Temporary Order (With Children)
This is filed after you have filed a Petition for Divorce. Temporary orders allow you to request payment from the other party to be provided during the divorce process (such as for child support and/or alimony), to determine child custody, for the time being, address property distribution, and so on. Temporary orders are in place until they are modified, or until the divorce is finalized, in which case the permanent orders must be followed, which may be different from the temporary orders.
In divorce cases when children are involved, the Court will not hear your Motion for Temporary Orders until the divorce education and divorce orientation classes are completed by you. In temporary separation cases, only the divorce orientation class must have been completed before the Court hearing your motion. In child custody cases, the divorce orientation class might be a mandatory requirement prior to your motion being heard.
If your temporary order(s) involve financial payments, you must file a Financial Declaration alongside your motion, as well as the relevant Child Support Worksheets.
1101FAJ – Motion for Temporary Order (No Children)
When there are no children (under the age of 18) involved, this form is used to make requests to the Court for temporary orders, such as with regard to alimony and property distribution.
1105GEJ – Stipulation to Motion
If the other party has filed any sort of motion (for example, for a temporary order requesting alimony) and you are in complete agreement and do not wish to challenge it whatsoever, you file a stipulation.
1104GEJ – Memorandum Opposing Motion
If the other party has filed a Motion, such as requesting alimony or child support, and you disagree with it either entirely or in part, you must file this document. This is only to address the motion filed, not to file a motion with your own requests. If you have requests for orders of your own that the other party has not raised in their own motion, you must also file your own Motion for Temporary Orders along with your Memorandum Opposing Motion.
If the motions being addressed (either filed by you or against you) involve child support and/or alimony, you must file a Financial Declaration as well.
In cases where a request is made for a parenting arrangement, you must also file a Parenting Plan (or Military Parenting Plan, if that applies to your case).
1106GEJ – Reply Memorandum Supporting Motion
If the other party does not agree with the motion you have filed for a temporary order(s), and they have responded by also presenting a new matter not addressed in your motion, you have an opportunity to respond to that by using this form.
Forms relevant to those with children
1202FAJ – Motion to Waive Education Requirements
In exceptional circumstances where attending mandatory divorce education/divorce orientation sessions is not in your best interest or not feasible, you may apply to the Court to have these requirements waived. Granting this is at the discretion of the Court.
Remember that, if you have children under the age of 18, this requirement must be fulfilled in the appropriate time frame for your divorce proceedings to continue. For example, the Court will not consider temporary orders until the courses are completed, unless this waiver was granted.
1138FAJ – Motion or Stipulated Motion to Adjust Child Support
This form can only be used if attempting to adjust a child support order that is 3+ years old under specific circumstances. There must be:
A 10% difference between the ordered child support amount and the support amount required by the guidelines
The difference, as explained above, is not a temporary one
The proposed child support amount is consistent with the guidelines
This process is simpler than a Petition. If you do not meet all of these criteria, you must file a Petition to Modify Child Support.
1004FAJ – Declaration of Other Parent's Earnings
With respect to child support, you might want to inform the Court as to what you believe the other parent's earnings are. This can be done if you think the other parent: earns a certain amount of gross income per month, earns only minimum wage, or should be considered to have zero income as a result of their non-temporary situation.
To support your claim, you must provide explanations, such as in terms of their employment opportunities/work history, education level, and age/health.
This form can be filed by either parent with respect to a Motion to Adjust Child Support.
1103GEJ – Counter Motion
If you are the other party who has received notice of a Motion to Adjust Child Support, you have the opportunity to respond and also file a Counter Motion which allows you to make new arguments that were not addressed in the original Motion. Your Counter Motion must be supported by the law, as in, what is your legal basis for this claim.
If you are the filing party, you may file a Reply Memorandum Supporting Motion in response to the Counter Motion, allowing you to address the new arguments.
1135FAJ – Petition to Modify Child Support
This form can be used either if you want to make a motion to adjust child support on your own, or if you have a Stipulation whereby both you and the other party agree to the proposed adjustment (either before or after the motion is filed). Regardless of who is asking for a modification, whoever was the Petitioner or Respondent in the original divorce proceedings will be known as the Petitioner or Respondent during the process to modify.
If there is an agreement before you file the Petition, you must check the box on the first page indicating it is, and both you and the other party must sign the form.
If there is agreement after you file the Petition, you must fill out a Petition to Modify Child Support and write "Amended" above the title of the document, as well as check the "and Stipulation" box on the first page. Both you and the other party must sign the form.
Your Petition must be accompanied by a Summons.
If you properly served the Petition on the other party and they did not file an answer within the timeframe required as per the Summons, you may be able to ask for a default judgment, meaning your request may be granted without input from the other party.
1051GEJ Non-Public Information – Parent Identification and Location, 1052GEJ Non-Public Information – Minors, and 1053GEJ Non-Public Information – Safeguarded Contact Information
In Utah, records are either public or private by default. Private records mean only the parties themselves, their lawyers, and a select few others can see the documents. An example of a private record is a Petition for Divorce. Many pieces of personal identification are kept private, even if they are parts of a public record, such as Social Security Numbers and bank account information.
You can request to have your and/or your child's information protected in divorce, and related proceedings:
Parent Identification and Location
This form is filed to make a parent's personal information (phone number and address) part of private records while still being accessible by the other party and their lawyer. However, there is also an option on the form to request the information be withheld from the other party out of concern for the parent's and/or the child(ren)'s emotional or physical safety.
Minors
This is filled out when the minor's information is to be protected out of concern for potential emotional or physical harm to the child and/or the person filing the form.
Safeguarded Contact Information
This form only applies in specific circumstances which are outlined in the form itself. You may be permitted to safeguard your information and your child's contact information (such as address) from the other party when you are filing concerning a custody or support order, but only if you have a court order or agency order permitting you to do so. Please ensure you meet the requirements for using this form, as it is only allowed in specific circumstances, and for more information, visit this page.
If you have the necessary documentation, you can fill out the relevant form and submit it to the Court while omitting your personal information from the other forms you will be filing - however, your info must be on the non-public information sheet.
1020FAJ – Child Support Obligation Worksheet for Joint Physical Custody
Used to calculate estimated child support for cases of joint physical custody. Each parent must have 111 overnights per year in order to qualify for joint physical custody.
1021FAJ – Child Support Obligation Worksheet for Sole Custody and Paternity
Used to calculate estimated child support for cases of sole custody and paternity.
1022FAJ – Child Support Obligation Worksheet for Split Custody
Used to calculate estimated child support for cases of split custody.
1023FAJ – Worksheet to Determine Father's Obligation to Children in His Present Home and 1024FAJ – Worksheet to Determine Mother's Obligation to Children in Her Present Home
This worksheet is used when a parent has natural and/or adopted children in their current home who are not the children of the other party. This is used to help determine child support by taking into account obligations a parent has towards other children they are also responsible for.
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Glossary of legal terms
Utah divorce forms come with plenty of legal language and jargon. The following terms might be unfamiliar to you:
- Petitioner: This is the person who files the original divorce paperwork.
- Respondent: This is the person who gets the divorce paperwork.
- Uncontested divorce: Both parties come to an agreement about all critical issues, including their assets, debts, and childcare arrangements.
- Contested divorce: Parties disagree about one or all parts of their divorce and need a judge to help them resolve the problem.
- Stipulation: This is a written agreement that proves both people agree on a motion being filed.
- Serve: This means to have another adult (not connected to your case) give the documents to your partner and file paperwork proving that it was done. This person is a server.
- Personal service: The server hands the documents to your spouse personally.
Frequently asked questions about Utah divorce forms
These are the questions people often ask about divorce forms in Utah:
Are all of these forms filed with the court?
No. Forms related to financial information are shared between spouses. They’re not filed with the court.
Do I have to serve papers?
Not always. If your spouse agrees with the idea of divorce and the concepts you’ve shared about splitting your debts and assets, you can file forms indicating your collaboration and skip formally serving papers.
Can I serve my own papers?
No. An adult unconnected to your case must be your server. You can choose a friend, the sheriff, a constable, or a U.S. Marshal.
Reference
Divorce. Utah State Courts.
