DIVORCE

What is a Divorce? A divorce ends a marriage. After it's finalized, meaning the Decree of Divorce is signed and entered by the Court, you're no longer married. The Decree of Divorce covers things like:

Child Custody:

  • Legal Custody: Who makes decisions about the children. The three main categories of decisions are medical, education, and religion.

  • Physical Custody: Where the children will live and how many overnights they will spend with each parent.

  • Parent-time: How often each parent spends time with the children.

  • Parenting Plans: An agreement that outlines how parents will raise their child(ren)

Child Support: Money to help cover the children's expenses.

Alimony: Money one spouse pays to help support the other.

Property Division:

  • Real property: real estate/land/buildings

  • Personal property: vehicles, personal belongings (like property, debt, and retirement funds).

Before Filing for Divorce:

  • Residency: To file in Utah, you or your spouse must have lived in the state for at least 3 months before filing. If you need a custody order for a child, the child must live in Utah for 6 months.

  • Grounds for Divorce: The most common reason is "irreconcilable differences" — meaning you and your spouse can't fix your problems. Discuss other possible grounds for your divorce with an attorney.

  • Costs: Divorce can have various costs, including filing fees, attorney’s fees, and other required payments.

Are Divorce Records Public?

  • Divorce records are private now, but the divorce orders are public. Some information, like Social Security numbers or birth dates, is always private.

Steps in a Divorce Case:

  1. Start the Divorce: The person filing for divorce (the "petitioner") prepares and files documents with the court.

  2. Domestic Relations Injunction: When you file, the court issues an order to prevent issues while the divorce is ongoing, like harassment, canceling insurance or other services, disposing of property, etc. (See Rule 109 of the Utah Rules of Civil Procedure for a full list of prohibited actions.)

  3. Temporary Orders (optional step): You might need temporary rules for things like child support or custody if you and your spouse cannot agree about what happens on a temporary basis while the case is pending. Temporary orders are not necessary in all divorce cases.

  4. Serving Papers: The petitioner's initial divorce papers must be officially delivered to the other spouse (the "respondent"). (See Rule 4 of the Utah Rules of Civil Procedure for all approved methods of service.)

  5. Waiting for a Response: The respondent must file an answer within a set time — usually 21 days if served in Utah or 30 days if served outside the state. If the respondent misses the deadline to respond, you can ask the court for a default judgment. This means you are awarded the relief you requested in the initial divorce documents.

  6. Exchanging Required Disclosures: Both parties in a divorce case are required to produce certain disclosures pursuant to Rule 26 and 26.1 of the Utah Rules of Civil Procedure. These disclosures are known as Initial Disclosures (a list of any possible witnesses or exhibits you intend to use if your case goes to trial) and a Financial Declaration (a specific list of financial information the Court requires parties to disclose to one another, such as income information, account information, and debts).

  7. Mediation: If there are disagreements, the court requires mediation (unless the respondent defaulted). Mediation is where a neutral third party helps both sides try to resolve issues in their case. You can ask the court to waive the mandatory mediation.

  8. Divorce Classes: If you have children under 18, you and your spouse must take the divorce education and orientation classes before the judge will sign your decree of divorce (unless you get an order waiving the classes).

  9. Final Documents: If both parties agree, you can finalize the divorce by filing the Decree of Divorce and other necessary final documents. If the parties do not agree, the case may go to trial.

Divorce Decree: You are officially divorced once the judge signs the Decree of Divorce.

30-day Waiting Period: The court requires a 30-day waiting period between the date the Complaint for Divorce is filed and the signing of the Decree of Divorce. You can ask the court to waive the 30-day waiting period.