Utah Divorce Steps

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Sequence of Utah Divorce Steps

• The divorcing partner selects a lawyer and provides the lawyer information essential to make pleadings
• The Petitioner prepares and files the divorce complaint
• The Petitioner must serve the complaint to the Respondent within 120 days from the filing date
• If the Respondent is in this state, then he or she is allotted 20 days to file an Answer and if out of this state, then 30 days to file an Answer

• If the Respondent does not file an Answer, the court enters a Default Judgment
• After 90 days have passed since the filing of the Complaint, the court can enter the Divorce Decree. However, the court, in its discretion, may waive this requirement

• The Respondent may file a counter petition with the Answer and serve these documents to the Petitioner
• From this juncture, the divorce case may proceed in one of the following two ways

First method

• There might be an attorney planning meeting
• The court might issue a discovery and case management order
• There are initial disclosures
• The divorcing partners undergo the discovery process
• There is a motion for trial setting or a Certificate for Readiness for Trial
• A pre-trial settlement conference is held along with the Commissioner. The intention is that the parties should reach a settlement
• If the parties fail to settle, then a pre-trial settlement conference is held with the judge
• The next divorce step is of Trial
• The proposed findings of fact, proposed decree of divorce and conclusions of law are submitted in the court

• A mandatory mediation is conducted. However, the mediator, the court or the director of dispute resolution programs may excuse either party from the need to mediate
• Such mediation may result in settlement. If a settlement is reached, the proposed findings of fact, proposed decree of divorce and conclusions of law are submitted in the court

• The court issues the decree of divorce, conclusions of law and findings of fact
• If either divorced partner feels so, he or she may appeal against the orders issued by the court

• If the issues like child custody and parent-time are in conflict, then, during the discovery phase, the divorcing partners may request to evaluate parent-time and / or custody
• While the divorce case is pending, the divorcing partner may request temporary orders pertaining to spousal support, child support etc and these might be granted
• If the divorcing couple has minor children, both the divorcing partners must have either waived or attended the following
  • Mandatory orientation course for divorcing parties
  • Mandatory educational course for divorcing parents

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