Avoid Unnecessary Complications in Your Divorce with Help from Our Divorce Lawyer in St. George, UT

Utah’s Typical Divorce

Rules of Procedure

The Utah Rules of Civil Procedure govern procedures in divorce cases. These rules are complicated and extensive. Some people wade their way through, but it is always easier to hire an attorney to navigate any divorce.

The Parties

The spouse filing the divorce case is known as the Petitioner. The other spouse is known as the Respondent.

Step One

Petitioner’s Attorney Completes the Documents

Although a person can attempt to use the Online Court Assistance Program (OCAP) to prepare the petition and other documents to file for divorce, we find that many people begin the paperwork, print out their 60 pages (half of which is usually unnecessary, pay money to file the divorce, and then don’t really know how to finish the deal. I even had one client do her own divorce (she thought), get remarried, come into speak to me about a second divorce, and then find out from me that she was still married to her first husband (oops!).

Some websites offer forms that might not be legally sufficient in the Utah courts and might be rejected by the judge. Personally, I would run from any do-it-yourself website other than the OCAP. The last thing that you want to do is pay for a form that might be rejected.

Step Two

The Complaint Is Filed

A divorce must be filed in the district court in the county in which at least one of the parties has resided for at least three months immediately before filing the divorce petition. Once you have 90 days under your belt, we can file in Utah in the appropriate county.

Step Three

Documents Are Served or Signed

The Respondent must be served or sign a paper saying that s/he waives service. This must be done within 120 days of the petition being filed. Once this is done, the court must receive proof.

Step Four

An Answer Is Filed?

The Respondent has 20 days (if they were served in Utah) or 30 days (if they were served outside of Utah) to answer the petition.

Soon after the answer, both parties must disclose to each other a Financial Declaration. This is a new law and is a pain to fill out. However, until this law changes, it is a requirement.

If Respondent Does Not File an Answer

If the Respondent does not file an answer within the time specified in the Summons, the Petitioner may file for a default judgment. This means the Petitioner gets what they have asked for, and the Respondent won’t have a chance to tell their side of the story. This is not very common, but we do see it from time to time.

Step Five

Temporary Orders

Many times in a divorce, something needs to change NOW. Custody, possession of the home, child support, the mortgage, and other immediate items can be handled with temporary orders. This is where an attorney is essential. We can help you get some peace in your life while we work out all the details of your divorce.

Step Six

Stipulation

The Parties can agree at any point to agree about the terms of the decree. If the parties are able to agree to the terms of the decree, a stipulation is filed and the fees and time spent are greatly reduced. In order to encourage agreements, Utah requires that mediation take place prior to any trial on the divorce.

Mediation

Mediation is where the two spouses meet with their attorney’s and a mediator. The mediator has no real power to decide anything, but attempts to assist the parties in finding common ground so that all matters may be settled. Sometimes all of the matters are settled in mediation and sometimes not. Whatever issues are settled are only done so with the signed agreement of both parties and their attorneys. All unsettled items are reserved for trial.

Step Seven

Ninety-Day Waiting Period

Utah law requires that there be 90 days between the date the petition is filed and the date the decree is signed. A party can ask the court to waive the waiting period for extraordinary circumstances. We can assist you in knowing whether or not your case qualifies for this waiver.

Step Eight (If Necessary)

Trial. Nothing else works and a judge gets to decide. Definitely the most expensive option, but if you are working against someone difficult, it will be your only choice.