|Where do I file my divorce papers in Utah?|
|Divorce papers in Utah are filed with the Clerk of the District Court in the county where either spouse resides.|
|Will either of us be required to attend a court hearing?|
|In most cases in Utah, a hearing is not required when minor children are not involved. However, if the judge decides to hold a hearing, typically only the petitioner will need to attend.|
|What is considered to be the date of separation in Utah?|
|The term "separation date" refers to the date when the spouses stopped living at the same residence.|
|What are the Utah residency requirements for filing for divorce?|
A person seeking a divorce in Utah may file for divorce if one or more of the following residency requirements is met:|
|What are the grounds for filing for divorce in Utah?|
The no-fault ground for divorce in Utah is irreconcilable differences of the marriage.|
Utah Code §30-3-1.
|What are the basic steps to getting a divorce in Utah?|
The basic steps for filing for a divorce in Utah are as follows:|
|How much is the filing fee in Utah?|
|The filing fee varies between counties in Utah, but the typical filing fee varies between $318.00 and $360.00.|
|What documents are included in the self-prepared Utah DivorceWriter package?|
The following documents are included in the no-children Utah DivorceWriter package:|
If you select a Utah divorce with minor children, you are selecting the the additional forms:
|How long does it usually take to finalize a divorce in Utah?|
|A divorce cannot be finalized in Utah before ninety (90) days have passed from the date the Complaint for Divorce was filed.|
|How do I serve my spouse with the divorce papers in Utah?|
|Formal service is not required in a divorce in Utah when both parties agree to all terms of the divorce. The defendant/respondent signs the Acceptance of Service and Waiver in front of a Notary Public, which is then filed with the Court.|
|Do we have to be separated to get a divorce in Utah?|
|No. There is no separation requirement in Utah.|
|Can I change my name in Utah divorce proceedings?|
|Yes, the Wife may request in the Complaint for Divorce that a former name be restored.|
|Does Utah require divorcing spouses and/or their child(ren) to attend a class or seminar on coping with divorce?|
Yes, xxstatname* requires both parties to attend a mandatory divorce orientation course and a divorce education course.|
Utah Code §30-3-11.3.
|Neither my spouse nor I are in the Military. Do we still need to complete the Military Service Declaration, Military Service Order, and the Respondent's Affidavit of Military Status?|
|Yes. Utah courts require proof of whether or not the parties are in the Military. Follow the instructions exactly as given in the Procedures to make sure the documents are completed properly.|
|CUSTODY, VISITATION, SUPPORT|
|We already have a child support order issued by a judge. Will we be able to keep the same amount?|
|DivorceWriter provides the option to enter information regarding an existing child support order including the amount of support ordered and other identifying case information. Generally, you will also be expected to staple one copy of the prior child support order to each copy of the Petition for Dissolution of Marriage you will file with the Court.|
|What are the different types of custody in Utah?|
The different types of custody in Utah are:|
Joint Legal Custody-both parents make joint decisions about major issues affecting the children. Joint legal custody does not affect the children's physical residence.
Joint Physical Custody-the parties share physical time with the children, who live in both homes.
Sole Legal Custody- one parent has the sole right and responsibility to make major decisions regarding the child’s welfare including matters of education, medical care and emotional, moral and religious development.
Sole Physical Custody- the child(ren) reside with and are under the supervision of one parent, commonly subject to reasonable visitation by the other parent.
|When can a child support order be modified in Utah?|
|A child support order can be modified by motion in Utah if it has been three (3) or more years since the order was entered and: 1) there is a difference of 10% or more between the support amount as ordered and the support amount as required under the guidelines; and 2) the difference is not temporary; and 3) the proposed child support amount is consistent with the guidelines. Utah Code §78B-12-210(8).|
|What if my spouse and I have agreed to use a child support amount that is different from the standard amount set by the Child Support Guidelines?|
DivorceWriter shows the child support calculation under the Utah child support guidelines. |
The customer chooses whether to use the guideline calculation or to deviate from that calculation by entering a different child support amount. If the amount is a deviation from the basic support obligation, the customer will explain the reasons for the deviation in the Petition for Dissolution of Marriage. The court will decide whether or not to approve the deviation.
|How is child support calculated in Utah?|
|Child support in Utah is calculated by using a formula established by the Utah State Legislature. Things that are considered in determining the amount of child support payments include: each parent’s income, the child’s needs, the number of children needing support and other factors.|
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