Why Divorce.com?
Benefits of an online divorce
Divorce.com is a prompt and affordable option to prepare for an uncontested divorce in Utah. This online service eliminates the need to hire expensive attorneys and, thus, saves thousands of dollars in legal fees.
Divorce.com will help you collect and fill out the court-required papers in just two business days. And, you can be sure that all the forms will comply with the state standards and fit your circumstances.
You will only have to complete a couple of steps using any device with an Internet connection:
Pass a brief eligibility check and answer the questions from our online interview.
You can change and correct your answers before submitting them for processing.
Download the forms in a PDF format and print them.
Use the accompanying filing instructions to file your case with the court.
Divorce.com is a reliable and affordable solution for your uncontested divorce!
Utah
Divorce Forms
All the forms required
Starting an uncontested divorce in Utah requires collecting and filing the following basic forms:
Petition for Divorce
Summons (Form 1015GEJ)
Proof of Completed Service (Form 1020GEJ)
Certificate of Service (Form 1021GEJ)
Acceptance of Service, Appearance, Consent, and Waiver
Domestic Relations Injunction (Form 1501FAJ)
Stipulation
Motion to Waive Fees and Statement Supporting Motion (Form 1305GEJ)
Parenting Plan (Form 1401FAJ)
Child support obligation worksheet (Forms 1020FAJ, 1021FAJ, 1022FAJ)
Motion to Waive 30-day Divorce Waiting Period (Form 1211FAJ)
Income Verification and Compliance with Child Support Guidelines (Form 1052FAJ)
Notice of Education Requirements (Form 1201FAJ)
Motion to Waive Education Requirements (Form 1202FAJ)
Financial Declaration (Form 1352FAJ)
Notice of Disclosure Requirements in Domestic Relations Cases (Form 1351FAJ)
Certificate of Service of Financial Declaration (Form 1353FAJ)
Certificate of Divorce, Dissolution of Marriage, or Annulment
Divorce Decree
"Not all divorce documents apply to every case. For example, a parenting plan and child support worksheets are unnecessary if the spouses don't have underage children." Determining which forms are required before filing helps streamline the process.
Steps to consider
Filing Requirements
Residency Requirements
The Utah courts will have jurisdiction over the spouses and their divorce case, if they meet the state residency requirements.
So, to file for divorce, either spouse must have lived in the state and particular county for three months before initiating the marriage dissolution process.
If one spouse is a military member, they can also count as Utah residents for divorce, if they have been stationed in Utah for three months before filing.
Grounds for Divorce
Under Utah state laws, the spouses must provide a reason for divorce. The couple can choose from the no-fault and fault-based grounds. No-fault grounds are:
irreconcilable differences
separation for three years with an alimony order
If the petitioner chooses one of the fault-based reasons, they must prove their allegations in court. The fault grounds include:
impotence
adultery
willful desertion for one or more years
habitual drunkenness
incurable insanity
the commitment of a felony during the marriage, etc.
Initial Filing
Spouses have several options to start their divorce. First, they can gather and complete all the paperwork independently, if they agree to all terms. If not, they may hire a lawyer. Then, when the papers are ready, the petitioner must go to the county court and file them with the clerk's office.
The initial papers include a petition for Divorce, Summons, Domestic Relations Injunction, and a few other forms. Take these papers plus two copies to court and give them to the clerk.
Filing Fees
The court clerk will charge each petitioner $310 in court fees. If they can't afford the payment and have financial proof, they may ask a judge for a fee waiver. Proof means a person must provide a financial affidavit with information about their income, expenses, property declaration, etc.
To request a fee waiver, a petitioner must file a Motion to Waive Fees (form 1305GEJ). Then, a judge will review the request and grant or reject it.
Serving the Respondent
In any lawsuit, including divorce, a petitioner must inform the respondent about the initiation of the divorce proceedings. They have several options to serve their spouse.
If the couple agrees on all terms, the respondent can sign the Acceptance of Service form after getting copies of the original papers. Otherwise, the documents should be delivered by a sheriff, a private process server, or certified mail. Then, the petitioner (or the respondent) files this acknowledgment of service with the court.
Waiting Period
The spouses have to wait for 30 days from the moment of filing the petition to get a divorce decree. The couple can use this period to attend divorce and parenting classes or clarify issues concerning divorce terms. In reality, settling these issues usually takes more than a month.
Even if the parenting class isn't court-ordered, it is a good idea to complete it anyway, especially if the divorce is contested. Finally, the couple can ask to schedule a court hearing when the waiting period is over.
Finalizing a Divorce Case
A brief hearing is usually the only time spouses with amicable divorces must go to court. If they agree on all terms, and the judge finds their papers just and in complete order, they will get the final judgment the same day.
Both spouses should bring all copies of the initial papers to the hearing and be prepared to answer a few questions. After the hearing, the spouses should ask for a copy of the final decree from the clerk's office.
Filing basics
Filing for Divorce
Utah
How to get started
Starting an uncontested divorce in Utah requires collecting and filing the following basic forms:
Petition for Divorce
Summons (Form 1015GEJ)
Proof of Completed Service (Form 1020GEJ)
Certificate of Service (Form 1021GEJ)
Acceptance of Service, Appearance, Consent, and Waiver
Domestic Relations Injunction (Form 1501FAJ)
Stipulation
Motion to Waive Fees and Statement Supporting Motion (Form 1305GEJ)
Parenting Plan (Form 1401FAJ)
Child support obligation worksheet (Forms 1020FAJ, 1021FAJ, 1022FAJ)
Motion to Waive 30-day Divorce Waiting Period (Form 1211FAJ)
Income Verification and Compliance with Child Support Guidelines (Form 1052FAJ)
Notice of Education Requirements (Form 1201FAJ)
Motion to Waive Education Requirements (Form 1202FAJ)
Financial Declaration (Form 1352FAJ)
Notice of Disclosure Requirements in Domestic Relations Cases (Form 1351FAJ)
Certificate of Service of Financial Declaration (Form 1353FAJ)
Certificate of Divorce, Dissolution of Marriage, or Annulment
Divorce Decree
"Not all divorce documents apply to every case. For example, a parenting plan and child support worksheets are unnecessary if the spouses don't have underage children." Determining which forms are required before filing helps streamline the process.
Custody Basics
Couples with minor children must address child custody and visitation before getting a divorce. If they cannot agree, the judge will decide these issues for them.
Utah family law has the following types of custody:
Joint legal custody. The parents make decisions about the child’s health, education, and well-being together.
Sole legal custody. Only one parent can decide how to raise their child.
Joint physical custody. The minor children live with each parent in turns, according to a court-approved schedule.
Sole physical custody. The children’s permanent home is with their primary custodial parent. The other parent may have visitation rights.
Utah judges will gravitate towards joint custody, if it’s in the child’s best interest. However, if the parents’ residences are far from each other, e.g., in different states, the judge may award sole physical custody so the child can have a stable home environment.
The factors that a judge will consider when issuing court orders are:
the child’s physical and psychological needs
the parents’ ability to satisfy the child’s needs and cooperate
whether each parent is ready to facilitate contact between the child and another parent
the distance between the parents’ homes
the preferences of the child
history of abuse and violence, etc.
Uncontested Divorce
An uncontested divorce is a popular way to end a marriage since it allows the spouses to avoid court trials. If they can resolve the disputes outside the courthouse, they don’t need to hire a divorce lawyer, which decreases the divorce expenses.
If both parties agree on child-related terms, property division, and alimony, they can safely represent their case before a judge.
An amicable divorce is a much more straightforward process than traditional litigation. Typically, a petitioner files the petition and other papers, and both spouses conclude a mutual settlement agreement. Then, they attend a divorce hearing where a judge issues a divorce decree containing each party’s rights and obligations.
A settlement agreement should include:
child custody provisions
child support and alimony
property division, including real estate, retirement benefits, debts, etc.
If you need a quick solution to get your uncontested divorce papers, Divorce.com is the perfect place for you. With our help, you’ll prepare all court paperwork, fast and inexpensively.
Support Basics
Every divorce decree should include provisions about child support, which is a payment that a non-custodial parent pays for child expenses, such as education, health, or recreation.
The amount of this payment is usually calculated using the state child support guidelines. They contain tables with adjusted gross income and the number of children corresponding to the appropriate sum of support.
If the amount seems unfair, the family court judge can deviate from it. They also will add provisions for insurance and withholding income to the child support order.
Child support ends when a child comes of age, marries, becomes self-supporting, or emancipates in other ways.
