Uncontested Divorce FAQ

1.  How much does an uncontested divorce cost.  No children cases: $500.00 for the attorney fee and the court filing fee combined.  Cases with children (under the age of 18): $750 for the attorney fee and the court filing fee combined.

1a.  How much do I need to get the divorce started.  We require a retainer of $300.00 to start an uncontested divorce.  The divorce will be finalized when the balance of the fees have been paid.  Cases can be filed with the court once the entire fee has been paid.

2.  How long will it take to complete my divorce.  If each party does everything that they need to do as quickly as possible, an uncontested divorce with children can be final in 8 to 10 weeks.  A divorce with no children can be final in 90 days, unless we can provide the Court a valid reason to waive the 90 day waiting period.  (We will discuss this further with you when you come in for your appointment.)

3.  When does child support start.  Child support  starts when the opposing party is served with the Complaint for Divorce, when the Entry of Appearance, Waiver and Consent  is signed or upon entry of an Order for Temporary Relief.  We can discuss the details about each of these situations with you when you come in for your appointment. 

4.  How is Parent time (visitation) determined.  Generally, the court will approve most arrangements for Parent Time that the parties agree on.  In the event the parties cannot agree on Parent Time, Utah Code, Section 30-3-35 provides guidelines. 

5.  How are assets divided.  Generally the court will approve most plans to divide the marital property to which the parties agree.  However, in the event that the parties cannot agree, Utah is not a “community property” state and the court has authority to divide assets between the parties (this includes equity in homes).  We will discuss this with you in more depth when you come in for your appointment.

6.  Am I entitled to receive anything from any retirement or profit-sharing plan that my spouse has.  You are entitled to receive half of what has accrued in the plan during the term of the marriage.  We will discuss this with you in more depth when you come in for your appointment.

7.  What about Alimony.  Unlike child support, which has guidelines that have been created by Statute, alimony depends upon the needs of party requesting it, the ability of the party paying it, the length of the marriage and so forth.  Alimony is taxable income to the party receiving and a tax credit to the party paying.  We will discuss this with you in more depth when you come in for your appointment.

8.  Do I have to go to court.  Generally, all uncontested cases are finalized by affidavit, not by hearing.  To finalize your divorce, we will meet with you to prepare the affidavit that will be filed with the final documents and when the Judge signs the papers, you are divorced.

9.  Does the first person to file a divorce have an advantage.  Generally, the answer is no.  The court will look at all of the circumstances leading up to and surrounding the divorce rather than just who got to the court-house first or who had the fastest process server.

10.  What if I do not know where my spouse is.  If your spouse has disappeared and you have exhausted all ways to find them, the Court can authorize your spouse to be served by “publication.”  This involves publishing the summons in a publication of general circulation and waiting at least 30 days for an answer.  After the answer period has run, if there is no answer, the other party is deemed served and defaulted.

11.  What if the divorce becomes contested and how does it become contested.  A divorce becomes contested if the other party retains an attorney, files an answer to the complaint or both.  In the event the case becomes contested, we require a retainer of $2,000.00, for custody cases, $1,500 for cases with children where custody is not at issue and $1,000.00 in no-children cases.  (However, if you have already paid the attorney fee for the uncontested part of the case, we will credit what you have paid toward the contested retainer.)

Contact us to schedule a free divorce consultation appointment.

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