John Vitela: How To Get Divorce In Utah

Divorce
can be devastating however; uncontested divorces are often less devastating to
your finances and sanity than contested ones. Your divorce does not have to
become a soap opera. Instead, uncontested divorce process allows spouses to
reach an agreement on their own and avoid the stress and anxiety associated
with attending a trial before a judge. The uncontested process can be
relatively quick, and certainly less expensive than taking a divorce to trial.
Uncontested divorces are an option available to divorcing couples with or
without children. These types of divorces are generally less expensive and
faster than traditional divorces because you avoid the expense of attorneys,
custody evaluations and hiring experts for trial. If you and your spouse are
able to agree on all issues regarding your divorce, including child custody,
visitation and support, then an uncontested divorce is a real option. However,
if you and your spouse cannot reach an agreement on any issue in your divorce,
then your divorce becomes contested and you will be required to attend a trial
where a judge will decide the remaining issues in your divorce case.

The following is
a list of some of the major issues that must be resolved between you and your
spouse before filing an uncontested divorce action in Utah:

division of real estate and personal property
division of debts and assets
child custody and visitation if you and your
spouse have minor children
child support, health and insurance coverage
alimony or spousal support, and
any other issues related to your marriage.

To obtain an
uncontested divorce in Utah you must meet the following criteria:

you or your spouse have resided in Utah for at
least 3 months, if minor children are involved, you must have resided in Utah
for 6 months
you and your spouse have agreed on all issues in
your divorce, and
Child support and spousal support, custody and
visitation are not requested, or there is a written agreement signed and
notarized by both parties resolving those issues.

Where you live
will determine where you file for divorce because generally, you will file your
divorce paperwork in the county in which you live. If you and your spouse have
separated but still reside in Utah, either the county in which you lived, or
where your spouse has lived for the last three months is proper to file your
paperwork.

Preparing Divorce Forms

The Courts site
offers online forms for completing an uncontested divorce available here and or
in hard copy at your local courthouse. The following documents must be filed
with your divorce paperwork:

Civil Coversheet
Petition for Divorce
Vital Statistics Form/Certificate of Dissolution
Acceptance of Service
Stipulation
Affidavit of Jurisdiction and Grounds
Military Service Declaration and Order
Findings of Facts and Conclusions of Law
Decree of Divorce

If you and your
spouse have children together under the age of 18, then the following forms
must be filed as well:

Child Support Worksheet
Affidavit of Income and Compliance with Child
Support Guidelines
Financial Declarations, and
Child Support Locator.

The required
paperwork to complete a divorce in Utah may vary in your particular county, and
thus, forms in addition to those listed above may be required to complete your
divorce. Check with your local court clerk for more information and to determine
whether you need to file additional forms.

REQUIREMENTS
TO FILE FOR A DIVORCE

You are allowed to divorce based on
irreconcilable differences.
You or your spouse must have resided in the
state of for at least three months prior to filing for divorce.
If you are parents of a minor child, you or your
spouse must have resided in Utah for at least 6 months prior to filing,
although the courts may make exceptions in certain circumstances.
You may need to attend a Divorce Education class
if you are parents of minor children.

GROUNDS FOR A UTAH DIVORCE

As in most
states, divorce law allows you to obtain a no-fault divorce. You must merely
demonstrate that you and your spouse have irreconcilable differences. The Law
also allows you to seek a divorce if your spouse has committed one of the
following:

inability to
perform sexually upon marriage
adultery
willful desertion
for at least 12 months
willful neglect
habitual
intoxication
felony conviction
extreme cruelty
incurable insanity

Property Distribution

One of the most
divisive issues of any divorce involves how property is distributed to the
parties involved. Courts use the principle of equitable distribution, i.e.
assets should be allocated fairly, to divide marital property. This does not
necessarily mean a 50/50 split and fairness is governed by many factors
including:

duration of the marriage
the age and health of each spouse
occupations and future income
the standard of living during the marriage
tax consequences of the distribution
custody of the children

Spousal Support

Alimony or
spousal maintenance may be ordered if the dependent spouse is unable to
maintain the current standard of living. In most cases, alimony is only
temporary and will be terminated after a determined period of time. The court will
consider the following when awarding alimony:

Both spouse’s age and health
Length of marriage
the standard of living at the time of separation
the dependent earner’s contribution to the
increased earning power of the other spouse
past services as a parent or homemaker
both spouse’s future income and assets
needs of any minor children
any fault by a spouse including adultery,
domestic violence or financial malfeasance

Law allows divorce on fault-based grounds, as well as the no-fault
grounds of irreconcilable differences. If you want to file for divorce in a
court, you must have lived in the state for at least three months. If you have
minor children and need the court to decide custody, those children typically
must have lived in the state at least six months.

Filing for Divorce

Consider
hiring an attorney: If your divorce is complicated, an attorney can help
guide you through the process and ensure everything is done correctly. You may
have difficulty going it alone if you have complex child custody or support
issues, if you and your spouse have been married for a while and have a lot of
property and joint assets, or if you and your spouse disagree about any of
these issues.
Prepare
your forms: Rather than physical forms, you can write petition and other
documents you will need to file for divorce. The online system includes
instructions on how to fill out the forms correctly. After you input all the
necessary information, the program will personalize the forms for you and prepare
all the paperwork you need the only thing it won’t do is file the forms for
you.
Sign your
divorce forms in the presence of a notary: Once you’ve finished preparing
your forms and printed them, you must sign them in front of a notary public. If
you’re unsure where to find a notary, check your bank, many banks offer notary
services free of charge to their customers. You also may find notaries in
private businesses such as check-cashing services, or at the courthouse.
File your
divorce forms: To open your divorce case, you must file your forms in the
clerk’s office of the court in the county where you live. If you can’t afford
the fee, you can file a motion asking the judge to waive them. You’ll have to
file extensive documentation proving that you are unable to afford the fee,
including a detailed description of your income, expenses, debts, and property.
Serve
your spouse: Within 120 days after you’ve filed your initial petition, you
must serve your spouse with a copy of the petition, the summons, and all other
documents you filed. You can either mail the documents using certified mail, or
have the sheriff’s department or a private process serving company provide
service for you for a fee. After the other party has been served, you must file
a proof of service document. The court won’t act on your petition until all
parties to the action have been served.
Wait for
an answer: After you serve your spouse, they have 21 days to file a
response to your petition. This time is extending to 30 days if he lives in
another state. If your spouse files an answer, both of you must disclose to
each other a Financial Declaration. On this form, each party discloses all
income, assets, debt, and expenses both to the court and to each other. In
addition, you must attach a number of financial documents, including pay stubs,
copies of tax returns for the two tax years before the petition was filed, loan
applications, financial statements, real estate appraisals, and other documents
pertaining to any item listed on the form. If your spouse does not file an
answer within the time specified on his summons, you may ask the court for a
default judgment. A default judgment means you get everything you’ve asked for,
and your spouse doesn’t have an opportunity to protest or tell their side of
the story. Instead of a response contesting your petition, your spouse also may
file a written stipulation that he agrees to the divorce. If you agree on the
terms of the divorce, you can answer the questions in the Stipulation Interview
and prepare agreed documents. However, you can only do this after you’ve filed
a petition and served it on your spouse.

Attending Divorce Education and
Mediation

Complete
the 90-day waiting period. Law generally requires a period of 90 days
between the date you file the petition and the date the judge signs your final
order, regardless of whether you and your spouse agree.
Take
divorce education classes. The state requires couples with minor children
to attend a divorce orientation class and a divorce education class before divorce
is granted. The orientation course educates parents about divorce and its
alternatives, including resources to improve the marriage and resolve custody
issues, along with procedural alternatives to divorce. The education course
discusses how children experience divorce, ways to communicate, and how parents
can help their children, among other issues.
Comply
with mandatory mediation. If your spouse files an answer, Law requires you
to attend at least one mediation session to attempt to resolve your differences.
You and your spouse are responsible for finding a mediator and paying for their
services. You can request a list of qualified mediators by calling the Divorce
Mediation Help Line. If you do not feel safe attending mediation or feel you
won’t be able to fully express yourself due to an extreme level of conflict
between you and your spouse, you can apply to have the mediation requirement
waived.
Request a
temporary order. If you need the court to resolve certain issues such as
use of the marital home or child custody and support while the divorce is
pending, you can request a temporary order that will remain into effect until
the judge signs your final divorce order.

Going to Trial

Request a
child custody evaluation. If you have outstanding issues regarding child
custody and support and you and your spouse cannot agree, you can get a
professional evaluator to perform a child custody evaluation and report their
findings to the court. Either party may request an evaluation, or a judge may
order one even if neither party requests it. These evaluations may be
expensive. Typically, the cost is split among both parents. The custody
evaluator observes and considers many factors related to the best interest of
the child, the standard courts use to make child custody decisions. The
evaluator reports on the child’s preference, bonds with each parent, the
parents’ moral character, and religious compatibility with the child, financial
conditions, and other factors.
Attend
the pre-trial conference. Before the court schedules a trial, you must
attend a pre-trial conference and make one last attempt to settle your case. If
you cannot come to a resolution, you will schedule a trial and determine which
issues need to be determined at trial.
Prepare
for your final hearing. After your pre-trial conference, the court will
schedule a full trial to make a final decision if you and your spouse still
have unresolved issues. Before your hearing, try to go to the courtroom where
your hearing will be held and observe another hearing so you have some idea of
what to expect. Collect all of your documents and evidence you intend to
present and organize them neatly so you can find anything you need without
shuffling a lot of papers or taking up time unnecessarily. Have at least four
documents of any items you bring, if possible, so each party, the judge, and
any witness can have their own copy to look at. Review the court map and make
sure you know how to get to your courtroom. If necessary, go to the courthouse
early and find it so you can make sure you know where you’re going.
Attend
your final hearing. Appear in court at the designated date and time of your
hearing, dressed professionally and conservatively with all documents and witnesses
you intend to present. Plan on getting there at least 30 minutes early so you
have time to go through security, find your courtroom, and take a seat. You
don’t want to be rushed. Leave any cell phones, electronic devices, or other
items that might be confiscated at home. When your case is called, stand and
identify yourself to the judge. Remain standing while the judge speaks to you.
Treat the judge with respect, and don’t interrupt them or speak out of turn. The
judge will give each spouse the opportunity to present their story. Don’t
interrupt or argue with your spouse while they are talking. If the judge has
any questions for you based on what he said, they will ask you once your spouse
is finished speaking.
Get
copies of the final decree. You are not legally divorced until the judge
signs the decree. Once the decree is finalized, you should get copies for your
records. The judge may announce her decision at the conclusion of the hearing,
or you may get it later. You should call the clerk’s office if you haven’t
received a final written decree 60 days after your hearing. If you disagree
with the judge’s decision, you have 30 days to file an appeal.