How to File for Divorce in South Jordan, Utah: A Step-by-Step Guide
The decision to end a marriage is never easy. However, understanding the divorce process can help you navigate it more confidently. If you are getting divorced in South Jordan, it is beneficial to understand Utah’s divorce laws and requirements.
We have created a step-by-step guide to walk you through the divorce process in Utah. Whether you are filing a contested or uncontested divorce, this guide will help you take informed steps toward resolving legal and personal matters with as little stress as possible – and as much time with your children as possible.
Step 1: Meet South Jordan, Utah Residency Requirements
When filing for divorce, make sure your status as a Utah resident is updated, valid, and properly filed with the state. Establishing residency and legal addresses are important to file any legal documents, but they are essential for divorce proceedings.
For divorce, you must meet at least one of Utah’s residency requirements. You and your spouse must have lived in a single Utah county for at least 3 months. If you have minor children and need a custody order, they must have lived in Utah with at least one parent for 6 months or more.
Step 2: Select the Grounds for Divorce
Each state in the US offers specific grounds for divorce for spouses to choose from. Utah recognizes both no-fault and fault-based grounds for divorce.
Fault divorce
When filing a divorce petition in South Jordan, Utah, a spouse can initiate a fault-based case claiming his or her partner’s wrongdoing caused marital issues.
Grounds for a fault divorce could be based on several reasons, including:
- Adultery
- Desertion
- Domestic violence
- Habitual drunkenness
- Neglect to provide basic necessities of life
- Drug abuse
- Felony conviction
No-fault divorce
Utah is a no-fault state. What does this mean if you are filing for divorce? It means that instead of listing a specific act as the cause for your divorce, you can choose to dissolve your marriage based on “irreconcilable differences.”
If you state irreconcilable differences as the basis of your divorce, it is a good idea to be prepared to explain to a judge why you and your partner are unable to make the marriage work.
You can also request a no-fault divorce if you and your spouse have been living separately for over 3 years.
Step 3: Prepare and File a South Jordan, Utah Divorce Petition
Either you or your soon-to-be ex must file a petition with the court to terminate your marriage to begin the divorce process. The filing party is referred to as the “petitioner,” and the other spouse is the “respondent.”
When divorcing, the documents you will need include your marriage certificate, financial documents, and prenuptial agreements.
The following information should be included in your divorce petition:
- A statement informing the court that at least one of the marriage mates meets Utah’s residency requirements for divorce
- The legal reason for the divorce (whether it is a fault or no-fault divorce)
- Any other state-specific statutory information, such as your child custody arrangements or plan to divide marital property
Filing a divorce petition can be complex, but you do not have to figure it out on your own. A divorce attorney can let you know what documents are needed and guide you through each step of the process.
Step 4: Serve Your Spouse the Divorce Papers
The person filing must give his or her partner legal notice of the divorce petition. If you and your spouse are on good terms, you may choose to give the divorce papers to your soon-to-be ex yourself. Your spouse can then sign a Waiver of Formal Service.
What if your marriage mate does not want to divorce or sign the waiver? You may choose to hire a sheriff or a licensed server to serve the documents to your spouse. Additionally, you can obtain a court order that allows you to serve papers through certified mail with a return receipt.
After you have served your partner the divorce decree, you will need to file a proof of service or a signed waiver of service. This states that you have met the requirements in Utah for providing a copy of the divorce petition to your spouse.
Step 5: Await a Response From Your Spouse
After being served papers, your spouse must file an “Answer” to the petition for divorce. Your spouse must respond to the divorce decree within 21 days if he or she lives in Utah or within 30 days if living out of state.
If your ex does not respond within this time frame, your divorce is considered defaulted. The agreements outlined in your initial filing will be granted to you once your divorce case is settled in court.
If your spouse agrees to the terms of the divorce, it can proceed as uncontested. However, if he or she contests any of the terms of the divorce, the case may proceed to mediation or court hearings.
Step 6: Request Salt Lake County Temporary Court Orders If Needed
In some situations, there are matters that you need a ruling on before your divorce is finalized. A divorce lawyer can help you file a temporary court order.
Temporary orders may be held for things such as:
When a temporary court order is requested, the court will hold a hearing to obtain information from both spouses. The judge will then make a ruling on the request. These orders will remain in effect until your divorce is finalized.
Step 7: Attend a Mandatory Divorce Education Class
If you are ending your marriage in South Jordan and have minor children, it is important to know that Utah law requires parents to attend a Divorce Orientation Class. The purpose of the course is to help parents understand the impact of divorce on families.
The Utah Family Court will not issue a divorce decree until both parents have completed the class. You must provide the court with your certificates of completion.
Step 8: Negotiate Agreements
You and your marriage mate will need to negotiate and come to an agreement on matters such as:
- Division of assets and debts
- Child custody
- Child support
- Alimony
A judge may schedule a conference where you, your spouse, and your divorce lawyers meet to discuss the case.
What if you and your ex cannot come to an agreement? Then Utah courts may require mediation before proceeding to trial. A neutral third-party mediator will try to help both parties negotiate and resolve disputes.
Step 9: Go to Trial If Needed
Many divorce cases are settled without going to trial. However, if divorce negotiations fail even after mediation, the court may need to step in, which means a divorce trial.
During the trial, both parties and their lawyers will present evidence and call witnesses to support their cases. The judge will decide on child custody, property division, financial support, and other divorce-related matters.
Keep in mind that a divorce trial is expensive and time-consuming. If at all possible, it is worth your effort to explore other options for dispute resolution.
Step 10: Finalize the Divorce
The last step in the divorce process, whether it is an uncontested divorce or one that requires going to trial, is when the judge makes the final judgment. Once the judge signs the divorce decree, your divorce is legally binding, officially ending your marriage.
If you are getting divorced in South Jordan, keep in mind that Utah imposes a 30-day waiting period from the date of filing until the final decree. This means that even if both parties agree on the terms of the divorce, they must wait at least 30 days until the divorce is granted. The waiting period may be waived in certain circumstances.
Why Consider Consulting a South Jordan, UT Family Law Attorney?
While it is possible to file for divorce on your own, there are many benefits to having a South Jordan divorce lawyer on your side.
Protect your rights
Getting divorced without the help of an attorney increases the likelihood of missing key details that could jeopardize your best interests.
Your attorney will ensure that:
- Marital assets are divided fairly
- Spousal and child support reflect your financial needs
- Your parental rights are safeguarded
Without legal guidance, you could be taken advantage of or pressured into agreeing to unfavorable terms.
Negotiate and mediate
The divorce process often involves heated emotions, making negotiating with your ex-partner challenging. Your attorney can serve as a mediator who prioritizes fair outcomes.
An attorney can advocate for your best interests while remaining professional, helping resolve disputes efficiently, and reducing the need for a lengthy trial.
Avoid costly errors
Individuals may choose to file for divorce on their own, thinking they are saving money. However, getting divorced without an attorney can lead to expensive errors.
Misinterpreting legal terms, miscalculating financial settlements, or mishandling district court procedures can result in financial losses or additional filing fees to fix mistakes.
Offer tailored legal guidance
Each family and divorce is unique. Online resources cannot account for the complexities of your specific situation. Divorce lawyers provide personalized advice that addresses your needs and goals. Ensuring your divorce strategy is customized to achieve the best possible outcome for your well-being.
Reduce your stress
The divorce process can be emotionally draining, to say the least, and handling legal proceedings on your own can amplify your stress. Lawyers act as your advocate, shouldering the legal burdens so you can focus on moving forward with your life. At Brown Family Law, we especially give priority to maximizing the time you can spend with your children.
Contact a South Jordan, Utah Divorce Lawyer Today
Divorce is not easy, but understanding each step can help you navigate it more confidently. Finding the right divorce attorney to guide you through the legal process can ease some of your stress and maximize the time spent with your children.
If you have questions about your rights, property division, child custody, or any other aspect of your divorce, our law firm is here to serve the entire Salt Lake City area. One of our knowledgeable divorce lawyers can help protect your interests and guide you to a resolution that works best for you and your family.
At Brown Family Law, we can help you turn the challenges of getting a divorce into an opportunity for a fresh start that comes with a continued close relationship with your children. Contact us today to schedule a consultation. Call us 24/7 at 801-685-9999 to speak to a live representative.
