Uncontested Divorce in Utah

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Are you thinking of getting separated from your partner in Utah? Are you worried about the loss of time and money that the divorce will bring to you? It is true that it is a painful, stressful and costly affair. But there are ways through which you can pass this phase easily and take steps towards a good future. If you decide to fight for a dissolution case in Utah, you can opt for an uncontested process. For this both of the spouses need to resolve the ongoing issues and take decisions that will be mutually satisfying. If the spouses are not able to take the final decisions on any issue, they can take the help of a mediator who will consider the interests of both the partners and solve the matter easily. Thus, in an uncontested divorce in Utah, the Court does not make the final decision regarding the couple's future if it finds that the settlement is fair enough. Utah state family laws and guidelines describe the requirements that a couple has to meet in order to get a mutual dissolution successfully.

A good know-how of the state laws and procedures will help a couple face the real situation strongly. So a general information on all these is listed below for your reference.

In Utah, the Petitioner and the Respondent are the separating spouses who files for a case and provides responds to the same, respectively. The District court in the county is the place where the action is filed.

Residential Requirement

In order to file for an undisputed case, one partner must be a resident of Utah and the resident of the county of filing for a period of more than three years prior to the beginning of the action. The same law applies for the members of the military who are stationed in this state.

Grounds for Uncontested Divorce in Utah

The grounds for such dissolution are given below:

General grounds

  • Habitual drunkenness
  • Incurable insanity
  • Willful neglect
  • Inhuman and cruel treatment
  • Willful desertion for a year
  • Felony conviction
  • Adultery
  • Impotence

No-fault Basis

  • If the separating couple lives apart and separate from each other with no cohabitation for a period of 3 years under a judicial separation
  • Irreconcilable differences of the marriage

Forms that a Petitioner must file

  • A Motion and Affidavit and Application for Waiver of Court Fees: If the fees of the action become a burden to the Petitioner, this form may be completed.
  • A Verified Petition for Divorce: This document is used for identification of the parties. The grounds and the relief sought are mentioned in this document.
  • An Order regarding the Respondent's Military Service: This form indicates that the Petitioner has made reasonable attempts to establish the Respondent's military status.
  • An Affidavit of Military Service: This document is an assertion of the claims of the Petitioner that the Respondent is not military personnel. Accordingly, the Respondent does not enjoy the flexibilities provided by the Service members Civil Relief Act.
  • A Certificate of divorce, dissolution or annulment: In this case, the form is utilized for statistical reasons.
  • A Utah Courts Cover Sheet for Civil Actions: This form is used for identification of the parties and the mode of action.

Initially, the Petitioner files the above-mentioned forms. Then, the Respondent is served with a Verified Petition. Along with the petition, the Respondent is also served with an Acceptance of Service, Appearance, Consent and Waiver. If the Respondent agrees to the terms and conditions written in the petition, he/ she signs and returns this Acceptance to the Petitioner.

Another document that is served to the Respondent is the Respondent's Military Service Affidavit. This is useful for two purposes:

  • It is a proof that the Respondent is not a military personnel, or
  • The Respondent has waived the rights of any protection under the Civil Relief Act.

When the Respondent cannot be located, the Petitioner must file the following forms:

  • An Order for Service by Alternative Service: This is the approval of the court for alternative service.
  • Affidavit for Alternative Service: The efforts of the Petitioner for locating the missing Respondent are documented in this Affidavit.
  • A Motion for Alternative Service: The Petitioner asks for the permission of the court to serve process by alternative means. The term 'Alternative Service' means service by publication like advertisement for missing person, in the newspaper.

To sum up, it can be said that an uncontested divorce in Utah will help you save a lot of money and time. The physical burden will also be reduced. All you need is a good planning that will aim at preserving your own interests without ignoring the interests of your spouse.

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