Divorce Process in Utah: Everything You Need to Know

• Things to consider before starting the divorce process in Utah
• Steps to divorce in Utah
• References

Utah allows for both fault and no-fault divorce. Once you petition for divorce and the other party has time to respond, you will generally go to mediation. The goal is to reach an agreement on how the divorce ought to proceed without a lengthy and expensive trial. If mediation falls through, you will then go to trial. 

Things to consider before starting the divorce process in Utah

It’s important to think carefully before starting the divorce process. Here are some questions to ask yourself:

Do you want your marriage to end?

Divorce is the end of a marriage. It’s impossible to reverse a divorce once it has been finalized by a judge. Yes, you could potentially remarry your ex if you decide to, but you cannot reverse a divorce.

For some people, divorce is what they want or need. Some marriages may not be salvageable, and others can be outright dangerous. Confirm you are certain that your desire is to permanently end your marriage before you begin.

Is there an alternative solution?

There are many reasons a person may want a divorce, with some sort of breakdown in the relationship being one of the most common. Before getting a divorce, consider the alternatives available to you. 

For example, you may want to consider marital counseling in which you and your partner talk with a counselor about your issues, work toward a better understanding of each other, and potentially fix your issues. While marital counseling doesn’t always fix struggling marriages, it can sometimes help a couple avoid divorce while confronting major concerns that have been interfering with their happiness. 

Am I reacting emotionally?

Anybody considering a divorce is likely to be emotional. This is understandable. Most people marry out of love, and it can be hard to deal with the fact that the love is gone or that something about the relationship is so broken that love may not be enough for it to continue. 

At the same time, it’s important to think logically when considering a divorce. Ask yourself the reasons why you want a divorce and if divorce is the appropriate response. 

For example, if your partner has made you angry, do you really want a divorce, or are you just dealing with an overwhelming amount of anger and frustration in a given moment?

There are many valid reasons to get divorced. For many couples, it is a big decision made after multiple attempts to save the marriage. Just make sure to consider the situation carefully and look at it from a calm perspective before making permanent, life-altering decisions. 

The steps to divorce in Utah

The steps to get a divorce vary depending on how cooperative both parties are, but it will usually go as follows:

Step 1: File a petition for divorce

To start the divorce process, you must first petition for divorce with the court. The petition must be filed with the district court in the Utah county where one of the parties has resided for at minimum of three months prior to the filing of the divorce petition. Part of this process involves listing specifying your grounds for divorce. 

The appropriate paperwork must then be served to the respondent (the party the petitioner is divorcing) within 120 days. You cannot serve these papers yourself; instead, you may choose to hire a professional process server. Hello Divorce also provides service of process for some clients.

Watch: Guide to Completing a Divorce Petition in Utah | Hello Divorce Explains

Step 2: Wait for the response

A respondent living in Utah has 21 days to respond to your petition from the day their papers were served. If they live outside of Utah, they have 30 days to respond. 

The most important element of this response will be either denying or admitting to the items you listed as grounds for the divorce. They may also make a counterpetition for divorce, and you must then respond in a similar manner.  

Step 3: Exchange information

As the divorce process moves forward, you and your spouse will need to disclose your finances and assets to one another. It’s also notable that by this point, the court will have ordered a domestic relations injunction. This is a legal order meant to make sure the divorce proceeds smoothly. It requires the divorcing parties not to harass each other or take any non-routine trips with any minor children they share. It also requires them not to make any major non-routine financial or insurance-related decisions while the divorce is pending. 

Essentially, the domestic relations injunction is an order meant to prevent divorcing parties from acting intentionally vindictive or otherwise wasting resources that are likely to go to their spouse as the divorce proceeds.

Step 4: Participate in mediation

The next step of the divorce process is usually mediation. While it’s possible to apply to skip mediation, it’s usually the best option for parties who are willing to talk and negotiate with each other about the most fair way for their divorce to proceed. 

In mediation, you will meet with a neutral third party who will try to guide you and your spouse through the negotiation process. During negotiation, you will both discuss what you think would be a reasonable way for the divorce to resolve. Specifically, you will discuss your marital settlement agreement details: the division of property, spousal support arrangements, and minor child custody and support arrangements. 

The goal of mediation is to reach a settlement agreement you both find fair. If you compromise in this manner, your divorce won’t have to go to trial.

However, some people cannot reach such an agreement, or they don’t wish to mediate. In these cases, a trial is usually necessary. 

Since a trial is much more taxing and expensive than mediation, it’s worth it to really try to reach a compromise in mediation. Remember that no one gets everything they want in a divorce settlement; both parties must give a bit in order to reach an equitable solution. 

Step 5: Divorce orientation classes

Divorcing couples with minor children in Utah are required to take a divorce orientation class and also a class that helps them learn how divorce impacts kids. The classes are designed to help them understand what happens during a divorce and how to help their children transition into this new period of their lives.

Also available in Utah are free classes for children ages 6 to 17 in which they are taught about the divorce process and how to cope the divorce. Taught by mental health professionals, these classes are optional, but they are often a good way to further ease the transition for children since they can often struggle as their parents divorce.

Read: Understanding and Protecting Kids’ Mental Health in Divorce

Step 6: Go to trial

If mediation fails and there are still contested divorce issues on the table, you will need to go to trial. Here, you will argue before a judge about the merits of your position and try to prove your point on contested issues.

At the end of a divorce trial, a judge will make a final decision about how the divorce should proceed. This may involve decisions about property division, spousal support, and child custody and support. If kids are involved, the court may order a custody evaluation in which a trained individual tries to determine the best setup for custody and visitation rights of any minor children you have. The cost of this evaluation is usually split between both parties.

References