Divorce can be a difficult and stressful time, but it does not have to involve a long, drawn-out process, which can cause added stress. In addition, long divorce cases are expensive, especially when dealing with the financial, legal, and practical issues involved at the end of a marriage. Discover how to save money by getting an uncontested divorce in Utah by calling the speaking with Gordon Law Group’s divorce attorney Utah.
Do I Qualify for an Uncontested Divorce?
Several basic requirements must be met to qualify for an uncontested divorce Utah, such as state residency, agreement on the reason for divorce, and agreement on all issues associated with the case.
To qualify for an uncontested divorce, you or your spouse must have lived in the state and county where the divorce is being filed. In addition, you or your spouse must live in this area for at least three months before filing.
Additionally, anyone looking for an uncontested divorce must have all parties accept the grounds for divorce. Both spouses must accept the marriage is ending because of irreconcilable differences. Ultimately, you both must agree that you cannot get along, and there is no possibility of ever being able to live together as a married couple.
Finally, divorcing couples must agree on the issues of the divorce and all agreements associated with the dissolution of their marriage. Issues couples must agree on during the divorce include:
- Division of real estate
- Division of personal property
- Allocation of outstanding debts
- Alimony payments
- Child support and dependent payments
- Child custody and visitation schedules
A divorce attorney can help determine if you qualify for an uncontested divorce Utah and file all necessary paperwork.
Preparing the Uncontested Divorce Forms
It is possible to prepare divorce paperwork in Utah without an attorney using the state’s Online Court Assistance Program. However, having an attorney help with all the paperwork can ensure nothing gets overlooked. Additionally, the attorney can help if the divorce suddenly no longer qualifies for being uncontested.
Forms needed for an uncontested divorce in Utah include the following:
- Petition for divorce
- Settlement agreement
- Respondent’s “Acceptance of Service, Appearance, Consent, and Waiver”
- Parenting plan and visitation schedule
- Affidavit of the parent’s income and compliance with state-stipulated child support guidelines
- Child support worksheet.
Filing Your Uncontested Divorce Paperwork
Once all forms are completed and signed, they need to be filed with the court clerk’s office in the district court in the county where one of the spouses lived for the past three months. When working with an attorney, they will file the paperwork for you, and if there is a filing fee, it is typically included in your payment schedule with the attorney.
How Long Does It Take for an Uncontested Divorce?
Once your divorce petition is filed, in Utah, there is a 30-day mandatory waiting period before the final divorce decree is issued. It is possible to have the waiting period waived, but only under extraordinary circumstances, and the judge must approve it.
For couples with children, the timeline for the divorce may be extended due to the two educational courses divorcing parents must take. It is best to complete these courses during the 30-day waiting period, but divorcing parents have up to 60 days after the filing to complete these courses.
In uncontested divorces, there is no need to appear in court for a final hearing. Because both parties agree, the petitioner can apply for entry of divorce decree without a hearing.
It is best to seek legal guidance from a Heber lawyer who understands the requirements and regulations regarding an uncontested divorce. Call to schedule an appointment with a divorce attorney Utah at the Gordon Law Group. Our attorneys can help you every step of the way during your divorce.
