Uncontested Divorce in Utah

While deciding the forms to be used in an uncontested divorce, care has been taken whether all the circumstances have been considered. It has been observed that sometimes the divorcing partner cannot be located or is missing. So, provisions have been made to continue with the divorce process even in such a condition.

In this state, the divorcing partner who files the action is known as the Petitioner. The divorcing partner who offers the response to the action is called as the Respondent. The District court in the county is the venue of filing the action.

Grounds of Uncontested Divorce in Utah

General grounds

• Habitual drunkenness.
• Incurable insanity.
• Willful neglect.
• Inhuman and cruel treatment.
• Willful desertion for a year.
• Conviction of a felony.
• Adultery.
• Impotence.

No-fault grounds

• Residing apart and separate in the absence of cohabitation for 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, then, this form may be completed.
• A Verified Petition for Divorce: This document is used for identification of the parties. The grounds of divorce 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 effects of the Servicemembers 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 for Divorce. 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, the Respondent 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 found out, 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.

Divorce Papers