Utah No Fault Divorce

Divorce Papers > No Fault Divorce > Utah No Fault Divorce

In this state, after any of the divorcing partner files the divorce papers, there is a waiting period of ninety days, after which the divorce might be granted. This period is also termed as the cooling period. The intention of scheduling this period is that the divorcing couple should reconcile or cool off. It has been observed that in some cases, if minor child or children are not involved, then the waiting period is waived. However, if the cooling period is waived, then it is compulsory that the divorcing couple should remain present at the divorce educational counseling case.

Grounds of Utah No Fault Divorce

Any one divorcing partner may make a statement that the marriage has broken down irretrievably due to one or both reasons mentioned below.

• Incompatibility
• Irreconcilable differences

Residency requirements of Utah No Fault Divorce

• When the divorce papers are being filed, minimum one divorcing partner must have been staying in the county of this state, wherein the divorce papers are being filed, for minimum 3 months immediately prior to the filing date.

• In case the divorcing couple has children, such children must be living in this state for at least 6 months prior to the filing date. It is advisable that to make the divorce and custody processes simple, the divorcing couple must wait till this period is complete.

Procedure to procure a certified Divorce Decree

The divorced partners can obtain a certified Divorce Decree either in person or by mail. Both the procedures are detailed below.

In person

• The courthouse wherein the divorce was granted must be approached
• The following information must be submitted to the court clerk
  • The name of the husband and the wife as would appear on the divorce decree
  • The county wherein the divorce took place
  • The approximate date of the divorce
  • It is optional but helpful is the case number is also submitted
• Using the above information, the court clerk locates the original divorce decree. Then, the clerk makes a copy of the original and certifies the copy
• Two types of fees have to be paid
  • For certification (in 2009, it was 4 USD)
  • For each page (in 2009, it was 0.50 USD)
• Thus, if the divorce decree comprises of 20 pages, then the total fees would be 14 USD (in 2009)

By Mail

• The applicant must make a request for a certified divorce decree to the courthouse where the divorce was granted. The information (4 points mentioned in "In Person") is also to be included along with the request.
• Along with the request, one should mail a self-addressed and stamped envelope as well as the payment. The rates of payment are same as mentioned in "In Person".
• It is the responsibility of the court clerk to locate the original divorce decree and certify its copy. Further, this clerk mails the certified copy in the envelope, the applicant has sent.
• The above mentioned procedure usually requires 10 days.

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