What is a No-Fault Divorce in Utah?

What is a No-Fault Divorce in Utah?

In Utah, a no-fault divorce is a divorce that does not require one spouse to prove that the other spouse is at fault for the breakdown of the marriage. Instead, the couple can simply state that they have irreconcilable differences and cannot continue to live together. This type of divorce is often less contentious and can be completed more quickly than a fault-based divorce.

How to File for a No-Fault Divorce in Utah?

To file for a no-fault divorce in Utah, you will need to follow these steps:

Step 1: Meet the Residency Requirements

In order to file for a no-fault divorce in Utah, at least one spouse must have been a resident of the state for at least three months prior to filing. This means that you must have lived in Utah for at least 90 days before you can file for divorce.

Step 2: File the Petition

The first step in filing for a no-fault divorce in Utah is to file a petition with the court. The petition is a formal document that states the reasons for the divorce and asks the court to grant the divorce. You can obtain a petition form from the Utah State Courts website or from your local courthouse.

Step 3: Serve the Petition

Once you have filed the petition, you will need to serve the petition on your spouse. This means that you will need to give your spouse a copy of the petition and notify them that they have been sued for divorce. You can serve the petition yourself or hire a process server to do it for you.

Step 4: Wait for the 30-Day Period

After you have served the petition, you will need to wait for a period of 30 days before you can file for a default judgment. This is because the court wants to give your spouse a chance to respond to the petition and to try to resolve the issues in the divorce.

Step 5: File for a Default Judgment

If your spouse does not respond to the petition within the 30-day period, you can file for a default judgment. A default judgment is a court order that grants the divorce and divides the marital assets and debts according to the terms of the petition.

Step 6: Attend the Final Hearing

After you have filed for a default judgment, you will need to attend a final hearing with the court. At the final hearing, the court will review the petition and the default judgment and will ask you and your spouse questions about the divorce. The court will then grant the divorce and divide the marital assets and debts according to the terms of the petition.

Step 7: Obtain a Decree of Divorce

After the final hearing, you will need to obtain a decree of divorce from the court. The decree of divorce is a formal document that states the terms of the divorce and is proof that the divorce has been granted.

In conclusion, filing for a no-fault divorce in Utah is a relatively simple process that can be completed quickly and efficiently. By following these steps, you can ensure that your divorce is completed in a timely and cost-effective manner.