How to File an Uncontested Divorce in Utah

• What forms are required for uncontested divorce in Utah?
• Residency requirements
• Filing and serving the petition
• Petition options
• Domestic relations injunction
• Serving the petition
• Respondent's answer
• Minor children
• Mediation and temporary orders
• Waiting period
• References

Filing for divorce can seem scary and difficult, but we're here to make it easier. Let's walk through the process of an uncontested divorce in Utah, from start to finish. (Please note that there are some differences if you or your spouse are military service members.)

QUICK TIP: Want to skip searching for forms, serving, and filing? Simplify your process with one of our divorce options.

Follow these steps for an uncontested divorce in Utah:

1.  File. One person completes paperwork to initiate a divorce and files it with the courts.
2.  Sign. The court will give you a stipulation (also known as an agreement). If you both agree with this document, you can move to the next step.
3.  Give. In an uncontested divorce, people agree on the details. You can skip a formal “serving” process and hand documents to your spouse. The person accepting the documents must sign paperwork proving the handoff happened.
4.  Share. Both parties trade financial information via forms.
5.  Wait. Utah laws require a 30-day waiting period between filing and finalizing a divorce.
6.  Learn. If you share children, you must both attend classes before your divorce is finalized.
7.  Prepare. Create all final documents for your divorce, and ensure the details match the stipulation you signed.
8.  File. Turn in (or file) final documents with the court. The judge will sign them and issue your final divorce decree.

(Please note that there are some differences if you or your spouse are military service members.)

What forms are required for an uncontested divorce in Utah?

Forms help you communicate with your spouse and the Utah courts. Several of them are required during the divorce process.

Typical forms you might need include the following:

•   Petition for Divorce: This document begins your case with the Utah courts.
•   Summons, within Utah (1015GEJ): This form tells your spouse the divorce process has started. Use Summons, outside of Utah (1016GEJ) if your spouse doesn’t live in the state.
•   Stipulation to Motion (1105GEJ): This form helps you demonstrate that both parties agree on the details of divorce.
•   Acceptance of Service (1022GEJ): This form allows one person to hand documents to another without using a formal server.
•   Financial Declaration (1352FAJ): Notice of Disclosure Requirements in Domestic Relations Cases (1351FAJ), and Certificate of Service of Financial Declaration (1353FAJ) are designed to help you trade financial information with your spouse and prove you have done so.
•   Child Support Obligation Worksheet for Joint Physical Custody (1020FAJ): Use this form if both parents will have 111 overnights per year.
•   Child Support Obligation Worksheet for Sole Custody and Paternity (1021FAJ): Use this form to calculate child support if only one parent will have custody.
•   Child Support Obligation Worksheet: Split Custody (1022FAJ): Use this form to calculate child support if your custody arrangements are split.
•   Parenting Plan (10401FAJ): Use this document to outline how you’ll share time with your children.
•   Declaration of Jurisdiction and Grounds for Divorce (1051FAJ): Use this form to prove you’re a resident.
•   Income Verification and Statement of Compliance with Child Support Guidelines (1052FAJ): Use this form to prove you’ve shared financial information and have created arrangements that are fair.

Residency requirements

Either you or your spouse must have lived in a single Utah county for a period of at least three 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 three months before bringing an action, even though they may only be stationed there and are not legal residents.

Filing a divorce petition

There are many grounds for divorce that are acceptable, including irreconcilable differences. Utah does not require the assignment of fault: If your marriage is not working out, that's a good enough reason to file for divorce. The filing fee is $325, and if you cannot afford it, there is a fee waiver form you can submit. If you are filing the petition, you become known as the petitioner, and your spouse is known as the respondent.

If you cannot afford the filing fee, submit the form Motion to Waive Fees. To qualify for a fee waiver, you must meet one of the following conditions:

1.  You get government benefits (like Medicaid or food stamps).
2.  You get legal services through a nonprofit or pro bono help from the Utah State Bar.
3.  You meet strict income requirements (such as making less than $1,882.50 per month as a family of 1 or less than $39,000 as a family of 4).
4.  You can’t pay the court fees and provide yourself and your family with necessities.

The judge will review your petition and determine if your fees should be waived or not.

If you are filing the petition, you become known as the petitioner, and your spouse is known as the respondent.

Just as an FYI, divorce records in Utah are private records; however, orders and decrees are public. An example would be if one of the parties files for a waiver of the mandatory 30-day waiting period for granting a divorce decree. As that is an order, it would become a public document.

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

Petition options

If you and your spouse are working together through the process and agree to the terms of the petition, you can do the easier uncontested petition process together. Additionally, the respondent can sign a stipulation stating they agree to all the terms set in the petition, which will allow you to skip the work and hassle of serving the Petition and Summons, the respondent filing an answer and paying the filing fee, and both of you submitting financial disclosures.

Divorce Process Flowchart

Domestic relations injunction

As soon as a divorce petition is filed, the Court automatically issues a Domestic Relations Injunction. This essentially stops either party from making any major changes in response to the divorce. Elements of the injunction include requiring both spouses not to harass each other, not allowing for changes to be made to insurance policies or property ownership, and non-essential travel with the parties' minor children, amongst other things. The petitioner is bound by the injunction once they file, and the respondent is bound by it only once the petitioner provides them with a copy. It's important to provide this copy to the respondent as soon as possible to ensure they are bound by it and can't make certain changes that might affect you later on in the process.

Serving the petition

Once you file your petition for divorce with the Court, you have to serve (deliver to) your spouse with the petition, summons, and any other relevant documents within 120 days of filing. There are several options for service.

For more info: How Do I "Serve" My Spouse with a Divorce?

You must also provide the court with a Proof of Service form once you have done so. The respondent then has 21 days to respond if they were served in the state of Utah, 30 days to respond if they were served outside of Utah. Utah law does not allow you to formally serve documents upon your spouse yourself unless they have signed an Acceptance of Service form, which provides an exception from the otherwise strict requirements of service. Otherwise, someone over the age of 18, who is not involved in the case, or a hired process server can serve the documents to your spouse.

Related: Should I File a Response?

Respondent's answer

A respondent has some options in terms of answering. In the case of an uncontested divorce, the easiest option is for the respondent to file a stipulation in response to the petition for divorce, which states in writing that they agree with the petition and whatever is contained in it. In a contested divorce, the respondent could contest certain aspects of the petition for divorce, and would thus file an answer, not a stipulation.

Within an answer, the respondent communicates to the court their position on each of the statements or requests made in the petition. The respondent can agree or disagree with a statement, or choose to neither agree nor disagree because they don't have enough information to formulate an answer on that point. In the case of stating they disagree with a point, the respondent must explain why. They can also file a counterclaim, which is a document that not only opposes but makes different claims based on the subject of divorce (known formally as a "permissive" counterclaim).

Once an answer is submitted by the respondent, both parties must complete disclosures, including a Financial Declaration, and provide these documents to each other. As well, a respondent can choose or decide not to respond to the petition. In that case, they are essentially waiving their right to disagree with what has been written in the petition or state what they want, and the petitioner can ask the Court to enter a default judgment. A default judgment simply means that the Court will default to what is in the petition and make orders based on that. Of note, default judgments don't apply in cases where the respondent spouse is on active military duty.

Minor children involved

If you have children under the age of 18, both parties are required to attend both a divorce orientation class and divorce education class before the divorce decree can be granted. There is a fee of between $30 and $35 for each course, but fee waivers are available. During COVID-19, these classes are offered online as well. Additionally, a motion can be filed by the parties to waive these education requirements at the discretion of the court.

Mandatory mediation

Mediation is only mandatory in cases of contested divorces. In these cases, at least one mediation session is required to attempt to come to a resolution on the issues before the Court permits the case to move ahead. Either party can file a motion to ask for the mediation requirement to be waived, but it's up to the Court's discretion.

Temporary orders

These orders apply to the parties during the process of the divorce. Once a divorce is granted, permanent orders apply, and they can be quite different from what the temporary orders were. Generally speaking, temporary orders are meant to apply in the short-term, to allow the parties to adjust to their new lives outside of what they had in the marriage. These orders can include spousal support, child support, and use of the marital home, amongst other things. You must file for any temporary orders you wish to have considered and can file them at the same time as your petition for divorce or afterward. As well, the respondent has a chance to respond to the temporary order, either agreeing or not, and can file their own temporary orders to address matters not included in yours.

Waiting period

There is a mandatory 30-day waiting period between when a petition for divorce is filed and when the decree granting the divorce is signed. Either party can ask the Court to waive this requirement, which can be considered in special circumstances.

Once the decree is signed, congratulations. You're officially divorced!

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References