Utah Divorce Default Checklist

Contested Divorce v. Uncontested Divorce

Not all divorces go to trial. Only about 1%–2% ever get that far.

And only a fraction of divorces ever get before a judge. Most contested divorces (probably 75%–80%) go straight to mediation and get done there.

The stats above apply to “contested divorces” (i.e., divorces where people are actually fighting about something). There’s another entire group of divorces which are “uncontested” (i.e., no one’s fighting about anything).

I’m not sure about the exact proportion of contested to uncontested divorces in Utah, but uncontested is above 50%+ of the total. So, at least 1 out of every 2 divorces in Utah doesn’t involve any disagreement at all.

Default on Uncontested Divorces

Even if a Utah divorce is uncontested, it still goes through process in the courts to make sure all the paperwork has been done correctly.

Getting this process right is really important, because if it’s not done correctly, either the paperwork comes out screwed up or the court rejects the divorce and you have to start the process over again.

One of the last parts of the uncontested divorce process is default. Default is when the other person doesn’t contest the divorce and the paperwork filed goes through for the judge to sign.

(Note: even when Husband and Wife negotiated their divorce and agree on everything, you still go through default because the paperwork filed is what was agreed to.)

Utah Divorce Default Checklist

To make sure we get default right, we have a checklist we go through. This was we don’t miss anything and get the paperwork to the judge ASAP.

Here’s the checklist we use in our office.

Divorce Default Checklist

Timing

• Wait at least 20 days, plus three days for mailing

Insurance before preparing default packet

• Check court minutes to ensure no Answer or anything like an Answer has been filed
• Check Communication file to ensure you have not received a last-minute Answer

Default Packet

• Prepare the following pleadings in the following order (attach a Certificate of Service to each pleading)
• Motion for Default Judgment, to which the following are attached as exhibits
• Summons
• Declaration of Service
• Motion to Submit Entry of Default Judgment
• Notice to Submit for Entry of Default Judgment
• Default Certificate
• Affidavit Regarding Grounds and Jurisdiction
• Military Service Declaration, to which the following is attached as an exhibit
• Department of Defense Manpower Data Center Printout
• Order Regarding Military Service Declaration
• Statement of Compliance with Uniform Child Support Guidelines, to which the following may be attached
• Child support worksheet
• Most recent tax return
• 78B-12-201(2) Affidavit establishing defaulting party’s income, and possibly moving party’s income if records are not available, by best evidence possible (can also be used to explain missing tax return)
• Following divorce education documents if necessary
• (Stipulated) Motion to Waive Divorce Education Requirements and Declaration
• Request to Submit for Decision
• Order Regarding Motion to Waive Divorce Education Requirements and Declaration
• Certificate of Divorce, Dissolution of Marriage, or Annulment (if already completed as part of initial filings, provide anyway)
• Findings of Fact and Conclusions of Law
• Decree of Divorce
• Scan all documents
• Mail all documents to defaulting party and Court (personal service not necessary)

Post Mailing Procedure

• Wait approximately two weeks and check Xchange to determine if judge has signed Decree of Divorce
• If Decree has not been signed, contact judge’s clerk and inquire regarding (1) time frame and (2) if any further information is necessary for finalization
• When Decree of Divorce has been signed, ask the Court to email or mail a copy (fee may be required for mailing)

Case Finalization

• Provide each party with a copy of Decree of Divorce
• Determine final invoice
• Send invoice and case closing letter to client

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
Based on 1010 reviews
Helped me with everything, supported me in all my decisions! Communication is top notch! Never worked with a lawyer who was so easy to get a hold of! They are the best!
Daniel is a wizard. He’s incredibly knowledgeable and has a real gift for walking you through stressful situations with clarity and calm. He makes the process feel easy when it could otherwise be overwhelming. Highly recommend working with him!
⭐️⭐️⭐️⭐️⭐️

Navigating a divorce is never easy, and I am so grateful to have had the support of attorney Nathaniel Garrabrandt and paralegal Carren Leavitt. From start to finish, they were responsive, professional, and compassionate. I really appreciated the weekly check-in Every phone call and email was answered promptly. There were moments when I needed immediate help with custody issues and protection—Nathaniel handled those situations with calm expertise and gave me the reassurance I needed during such a stressful and uncertain time.

Divorce can feel overwhelming, but having strong legal guidance made all the difference. Nathaniel and Carren provided not only the legal knowledge but also the steady support that helped me feel protected and confident moving forward. I couldn’t recommend Briwn Family Law more highly to anyone needing a reliable and caring legal team!
David Handy and his team were fantastic in helping me navigate custody time with my daughter. He gave the me reassurance and encouragement I needed with each step and I couldn't be more grateful to him! Thanks David! And to his team Candace & Brooklyn for being very helpful in keeping constant communication open. I enjoyed working with everyone!
I had a great experience. Amazing guidance and direction to best help me and my situation.
This has honestly been a first-class experience! I've gotten to work with many attorneys throughout my life and none have been as attentive as, Clay Randle has been.
Daniel and Carren were great to work with. They took time to help me understand the process and get through a difficult time. When I had questions they were quick to respond and really listened to my concerns.
Glad Jason was fired. Clay can handle any case like a champ. Thank you brown family law.
Kayelise was the easiest to talk to. She addressed all my questions regarding my divorce and has so much empathy for those she talks to. I can’t thank her enough for her guidance in my divorce and answering all my questions.
I have had the privilege of working alongside Nate Garrabrandt through our BNI group and hearing him share valuable insights every week about the divorce process. Even though I haven’t personally needed the services of Brown Family Law, I can confidently say that Nate is extremely knowledgeable, well-educated, and passionate about helping his clients navigate such a challenging time. His professionalism and expertise stand out, and I would not hesitate to recommend him and his firm to anyone in need of a skilled divorce attorney.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories

Related Posts