Filing for a divorce is no easy task. It is a difficult process wherein there is a lot of paperwork you have to prepare and present.
That is especially true for a contested divorce. But how does divorce work across the U.S.?
The truth is, the divorce process differs from state to state in the U.S. There is no one set of laws that apply to every state. While there are a lot of similarities between states in the divorce laws, they are not the same.
In this article, we’ll take a look at getting a divorce in Utah. Specifically the focus will be on how to file a divorce in Utah.
How To File For Divorce In Utah
Meet The Residency Requirements
Before you can file for a divorce in Utah, the first thing you need is to meet the residency requirements in the state. The residency requirement in Utah to file for a divorce is that one of the spouses must be a resident of the county for three months where they will file for the divorce.
Preparing Your Forms
The second prerequisite requirement to be able to file for a divorce is to prepare the forms that the state requires. The first form to complete is “Complaint for Divorce.”
Depending on the county where you or your spouse live, you may require additional forms. You may also have grounds for divorce or not.
In Utah, there are two types of no-fault divorces. There are irreconcilable differences and 3-year separation divorce.
A 3-year separation no-fault divorce is a type of divorce where you and your spouse must be living separately for at least three years under a separate maintenance order issued by the state.
There must be a legal ground for a divorce if it is an absolute divorce. You can file for a divorce for the following fault grounds:
- Intentional Desertion of at least 1 year
- Abuse and cruel treatment
- Felony conviction
- Alcohol abuse
- Intentional neglection
- Incurable insanity
Utah is also a no-fault divorce state. A no-fault divorce can be filed by stating that the marriage is irretrievably broken or that there are irreconcilable differences.
Filing For A Divorce
You will file for the divorce in the county’s courthouse, where one of the spouses resides. After filing for your forms, you are required to pay a court fee.
The average filing fee in Utah is $325. If you cannot afford the filing fee, you may ask for a fee waiver.
If you are the supposed defendant and your spouse files a divorce against you, you need to respond as quickly as you can. Otherwise, your spouse can get a default/uncontested divorce.
Serving Your Forms
You can serve your spouse the divorce complaint through a service process.
But if your spouse is in jail, deployed in the military, or you cannot locate them, you may have to try another way of serving your forms. You can check the court clerk about service in these situations.
During the divorce, there has to be financial disclosure between the two spouses regarding the following: