NOTE: if you have an uncontested divorce and your spouse has signed a stipulation, you do not need to serve any forms upon them.
- 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.
- 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 service, such as by 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 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 spouse pay for the costs associated with formal 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.
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 – Counterclaim
- A Counterclaim is filed when you want to raise new issues not listed in the Petition for Divorce. A copy must be served onto the Petitioner 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).
- 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.
- 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 which 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.
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 prior to 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 regards 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 for 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.
- 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 make a 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 and/or your child’s contact information (such as address) from the other party when you are filing with respect to 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.
- 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.
1401FAJ – Parenting Plan
- This form explains to the Court how the parents will raise the children. It helps you to think in advance about how decisions will be made and how to resolve issues that may arise. It is required in shared parenting/custody situations and may be allowed in other parenting arrangements as well.
1402FAJ – Military Parenting Plan
- If you or the other party are servicemembers, in addition to the Parenting Plan, you must also file this Military Parenting Plan. It helps outline what will be done in the event of deployment, such as who the caretaker of the child(ren) will be and who the decision-making authority/authorities will be.
1301FAJ – Motion to Excuse Mandatory Divorce Mediation
- Mediation is only mandatory in contested divorce cases. Either party can ask for this requirement to be waived. Decisions are made on a case-by-case basis.
- You must first ask the Alternative Dispute Resolution (ADR) Office, or a court-qualified mediator, to excuse you. If they assess your situation and do excuse you, they will let the Court know. The Application to Excuse Mandatory Divorce Mediation is linked.
- If your request is not granted by the ADR Office or a court qualified mediator, you can then file a motion with the Court by using the appropriate form:
1211FAJ – Motion to Waive 30-day Divorce Waiting Period
- There is a mandatory 30-day waiting period between the date of filing the Petition for Divorce and the date the Decree for Divorce is granted. You may ask the Court to waive this requirement, but it is only granted in extraordinary circumstances and is up to the discretion of the Court.
1301GEJ – Motion to Waive Fees and Statement Supporting Motion
- You can ask the Court to waive paying fees associated with filing your case. You will need to provide detailed financial information within the form for consideration. The Court may grant you a complete waiver of all fees, a partial waiver (only waiving some amount of the fees), or no waiver at all. Not all fees can be waived, and more information about exceptions can be found here.
- Some examples of guidelines used by a judge to find you can reasonably pay fees include: your gross monthly income exceeds the poverty guidelines; your expenses are less than your net income; you have assets/credit that can be used/borrowed against to pay the fee without significantly hurting you financially; or if the judge finds you can pay some of the fee(s) but not all of them.
- You are required to report to the Court any changes in circumstances that may affect a fee waiver.
1304GEJ – Memorandum Demonstrating Inability to Pay Fees
- If the Court denied your Motion to Waive Fees, but you have: lost your source of income; have non-discretionary expenses, that you did not account for, which affect your ability to pay; or will suffer irreparable harm if there is a delay, you can file this form.
- This form must be filed with the Court within 10 days of receiving the Order denying your fee waiver.
113GEJ – Objection to Form or Order or Judgement
- If you object to the Order or Judgement made in your case, you may file this form within 7 days of being served it.