What Do I Need to Know About Filing Divorce in Utah with Help Yourself Divorce?
Help Yourself Divorce is a no-fault divorce service, for those who agree on the terms of the divorce and are both willing to sign the papers. The following is a list of requirements and information about what to expect from the process. Please note that this will only apply if you use the services of Help Yourself Divorce. Those seeking to use another route for their divorce should perform their own research about what to expect from the process.
Utah Grounds for Divorce.
Because Help Yourself Divorce is a “no-fault” divorce service, we will prepare your divorce papers based on the no-fault grounds of “irreconcilable differences.”
Utah Residency Requirements.
To file for divorce in Utah, at least one spouse must have been a resident of Utah, or stationed in Utah as a member of the U.S. Armed forces, for at least 3 months immediately before filing the divorce papers.
If you and your spouse have minor children, the court must have jurisdiction over them. Generally this means your children must have lived in Utah for at least six months and currently live in Utah, or have lived in Utah within six months of filing.
Please note that you may be able to qualify for residency based on other requirements. If you are not sure whether you fall into one of the above categories, please seek advice from an attorney.
Filing for Divorce in Utah.
You will file for divorce in the Utah county where either spouse lives.
Utah Divorce Filing Fees.
When you file the papers, you will have to pay a separate filing fee to the Courts. Please check with your local court clerk to find out how much the current filing fee is.
Serving Your Spouse with Divorce Papers.
Formal service (for example, using a Sheriff or process server) is not required in an uncontested divorce in Utah. All you need to do is mail or hand-deliver the papers to your spouse so your spouse can sign them.
Waiting Period.
In Utah, there is a 90 day waiting period after filing your papers before the divorce can be finalized. However, Help Yourself Divorce will provide you with paperwork that you can use to request the court waive that 90 day waiting period. So if you don’t want to wait, all you have to do is sign and file that paperwork, and if approved, the court will grant your divorce sooner. If you don’t mind waiting, you don’t have to file that particular paperwork.
Finalizing Your Divorce.
Utah does not require a final hearing. The court will simply review your paperwork and sign your decree. When it’s ready, they will either mail it back to you, or call you to pick it up.
Additional Information.
Utah laws require a mandatory parenting course for divorcing parents, designed to “educate and sensitize divorcing parties to their children’s needs, both during and after the divorce process. The course shall instruct both parties about divorce and its impacts on their child(ren), their family relationship, and their financial responsibilities for their child(ren).”
If you have any questions about whether our service is right for you, please don’t hesitate to contact us.
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don’t rely on this information for legal advice. Seek help from an attorney if you need legal advice.