
The divorce process is fraught with many tricky steps. For people who do not have a legal background, it can be challenging to immediately understand the Family Law requirements and determine the nature of their separation.
This article will help you learn about two main dissolution types and how to prepare divorce documents online. You will also find out how to quickly get an amicable divorce in Utah and how many days the court needs to make a final decree on your case.
Some facts about divorce in Utah
According to CDC statistics, the divorce rate in Utah is 3.5 per 1,000 residents. It is one of the highest rates in the country.
Dissolution of marriage is divided into contested and uncontested divorce, depending on the circumstances of the case.
If spouses seek to obtain an amicable divorce in Utah, they should agree on the divorce terms before going to court. In this case, the couple can do it independently or turn to a third party for help. Usually, a third party is an arbiter or mediator who listens to both partners and proposes a compromise solution.
If the spouses can not agree on at least one point, such as the property division, child custody, alimony, or any other breakup aspect, the couple will receive a contested divorce, which needs court intervention.
If a couple has an uncontested separation, they can also have a do-it-yourself divorce. DIY divorce means that spouses represent their interests without an attorney.
One of the advantages of an amicable divorce is that the court can grant a final decree within 30 days (the mandatory waiting period in Utah). However, the divorce often takes 60-90 days due to the court workload.
The court provides the 30-day mandatory waiting period to give the spouses time for possible reconciliation and to serve the respondent.
Grounds for divorce in Utah
When filing for divorce, it is also worth considering what reasons to specify. Depending on what the petitioner states in the petition, the length of the divorce can be shortened or lengthened.
In a no-fault divorce in Utah, the couple should point out that the divorce broke up due to irreconcilable disagreements or separation for three years. If the spouses wish to indicate a specific reason for the dissolution of the marriage, they should be prepared to provide solid proof.
The fault-based divorce includes the following:
- adultery;
- impotency;
- willful desertion for more than one year;
- conviction of a felony;
- habitual drunkenness;
- willful neglect to provide the standard necessities of life; and
- cruelty.
Online Divorce in Utah
No divorce proceeding is possible without paperwork preparation. The spouses can do this together if they are on good terms or only the petitioner.
In Utah, a couple can complete divorce papers by hiring a lawyer, download and fill out legal forms on their own from the court website or with the help of online divorce companies.
Divorce over the internet allows for completing the required papers from the comfort of home. Web divorce services are affordable and require less energy and time than visiting a lawyer’s office or searching and filling out legal forms yourself.
However, most internet divorce platforms only work with an uncontested divorce, when partners agree in advance about the division of assets and debts, child and spousal support, etc.
Completing the divorce papers online allows spouses to significantly reduce the cost of divorce, as there are no hourly or hidden fees.
Spouses should sign up on the site and go through a marriage-related questionnaire to choose and fill out the paperwork. After the partners have provided the required information, they can download their ready-to-sign forms in several business days.
Filing for Divorce in Utah
After the spouses have successfully prepared their application for divorce, they should make two copies of the forms. The petitioner files the three sets of divorce papers with the court.
The clerk of the county court is obliged to check and stamp the provided papers. If the forms are prepared under the state’s requirements, the clerk submits them to the court. Copies of documents are distributed between the spouses accordingly.
When applying for divorce, the petitioner must pay filing fees. Fees may vary depending on the state and county. Spouses should contact the county clerk in advance to determine the amount of the payment.
If the petitioner has a low income, they can file a waiver of payment.
The divorce proceedings will begin once the court receives filing fees, and the petitioner will receive a case number.
Spouse Service
Getting a divorce also includes serving the other spouse. The petitioner must notify the respondent about the beginning of the divorce proceeding and deliver the legal papers within 120 days of filing. Under Utah law, a petitioner can hand over documents in person, with the help of a sheriff, or using a private process server.
Sheriff’s services are inexpensive when compared to a private process server. But a private process server can deliver the documents faster.
Final Words
Divorce seems difficult and frightening only at first glance. But if the spouses are ready to cooperate, the dissolution of the marriage will be smoother and less stressful for both.