Filing for a divorce can be a complicated, lengthy process, but a Utah divorce attorney can help you to navigate the ins and outs of the process. Below is an overview of what you can expect along the way.
Before You File
A lot of the steps to a divorce take place before your paperwork is even filed. This is the time where you need to determine eligibility. You must have been a Utah resident in the same county for at least three months in order to file here, and there are other rules regarding children’s residency. You must also decide what grounds for divorce you will be declaring. The most common grounds for divorce are the no-fault variety such as irreconcilable differences. You need to discuss the divorce proceedings with your spouse to determine if the two of you are on the same page regarding issues like dividing assets and child custody. This information will set the tone for the rest of your divorce proceedings.
There is a bunch of paperwork that needs to be filled out before you can file that outlines things like child support agreements. Utah Online Court Assistance Program is a website that will generate your divorce paperwork for you after you answer several simple questions. Have your attorney complete this step with you and help you to review the paperwork before you file. Once paperwork is all filled out, a copy of it needs to be served to your spouse, either by yourself, a process server, or a sheriff, depending on your circumstances. You must serve your spouse within 120 days of filing and sometimes this step must be done before filing.
After You File
Depending on your circumstances, there are some court-ordered events that need to take place during the time between when you file for divorce and when your divorce is finalized. If your spouse is the one who filed for divorce, you will have 20 days to file your answer with the court.
If you and your spouse have minor children you will be required to attend a divorce education class before your divorce will be finalized. There are time limits on when this course needs to be completed: within 60 days of filing for the spouse who filed, and within 45 days of being served for the other spouse.
You and your spouse will be required to attend at least one mediation session in an attempt to come to agreeable divorce terms outside of court. If this session is successful, you are ready to file your divorce stipulation using the OCAP system and wait for finalization. If you cannot come to an agreement during mediation, you may be headed for trial.
Heading to Trial
A divorce trial is when a divorcing couple goes before the court and a judge decides the terms of their divorce. This only takes place when couples are unable to agree on divorce terms between themselves. Before going to trial, you will attend a court scheduled pretrial conference to make one last attempt at avoiding trial. If you still can’t come to an agreement, you will receive a court date to go before the judge and have your terms decided for you. Once the terms are defined, a finalization can be issued and your divorce proceedings will be over.