Uncontested Divorce Utah
Short Guide to Uncontested Divorce Utah
What is an Uncontested Divorce Utah?
If you and your spouse are agree that a divorce is in your best interest, and you agree on what the terms of that divorce should be, then you are considering getting an uncontested divorce Utah. Since trials, or even formalized mediation processes, may require tens of thousands of dollar’s worth of lawyer fees, an uncontested divorce Utah is usually in your best interest.
Who Can Get an Uncontested Divorce Utah?
Before you proceed any further in researching who can get an uncontested divorce Utah, you should make sure that you meet the state’s residency requirement. You must have lived in a single county in Utah for at least the three months prior to the initial petitioning. If a minor child is involved in the uncontested divorce Utah, then the child must have lived with one of the two parents for at least the six months prior to the initial petitioning.
How Do I File for an Uncontested Divorce Utah?
Any uncontested divorce Utah begins the same way. One spouse, called the Petitioner, will have to fill out and then file several forms with their county’s district court clerk. A fee will have to be paid of approximately $300.
The following forms will be needed:
• A Utah Courts Cover Sheet for Civil Action, singling out divorce as the specific civil action petitioned for and identifying the spouses;
• A Verified Petition for Divorce, the most important of the documents in which the uncontested divorce Utah process is officially begun;
• A Certificate of Divorce, Dissolution of Annulment, recording the divorce for later records and statistics;
• An Affidavit of Military Service, in which the Petitioner says that the other spouse is not in the military, assuming that they are not in the military;
• An Order Regarding the Respondent’s Military Service, in which the Petitioner promises to have made sure that their spouse was not in the military;
• An Acceptance of Service, Appearance, Consent and Waiver in which the other spouse maintains that they’re aware of the divorce proceedings and consents to a default divorce judgment;
• A Motion for Entry of a Default Certificate, which hastens the process in light of its status as an uncontested divorce Utah;
• A Default Certificate, certifying the non-petitioning spouse’s willingness to default to the court’s judgment.
Additional forms are required initially if a minor child is involved in the uncontested divorce Utah. Those forms include:
• Child Support Obligation Worksheet, in which amount of child support is calculated;
• An Affidavit of Income Verification and Compliance with Child Support Guidelines, in which financial records are upheld to be true;
• A Petitioner’s Affidavit of Respondent’s Earnings, in which financial information from the non-petitioning spouse is requested.
In order to finalize the uncontested divorce Utah, at least the petitioning spouse must appear at the court for a schedule hearing with a judge. The following forms will be brought and, if they look well, the uncontested divorce Utah will be made into law.
• Affidavit of Jurisdiction and Grounds for Divorce, in which the cited grounds for divorce are confirmed to be true;
• Notice to Submit for Entry of Decree of Divorce, in which both parties agree to adhere to the court;
• Finding of Fact and Conclusions of Law, in which the court stipulates its opinions regarding the specifics of the case;
• A Decree of Divorce, the signing of which finalizes the uncontested divorce Utah.