Utah Code 30-3-18: Waiting Period For Hearing after Filing for Divorce — Exemption — Use Of Counseling and Education Services Not To Be Construed As Condonation or Promotion1. Unless the court finds that extraordinary circumstances exist and otherwise orders, no hearing for decree of divorce may be held by the court until 30 days has elapsed from the filing of the complaint, but the court may make interim orders as it considers just and equitable. 2. The use of counseling, mediation, and education services provided under this chapter may not be construed as condoning the acts that may constitute grounds for divorce on the part of either spouse nor of promoting divorce. The Divorce ProcessA divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support. Serving the Divorce PetitionThe petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse. Divorce Petition ResponseThe other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition. Final Steps of a DivorceBoth spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required. What Issues Does A Dissolution Or Divorce Case Deal With?Both cases end the marriage and divide marital property and debt (including retirement accounts). When the couple has children, both cases also decide a parenting plan which is the custody and visitation arrangement and issue a child support order. What Is The Difference Between A Dissolution Or Divorce Case?The difference is whether the couple agrees or disagrees about the issues. If they agree on all issues, they can file a dissolution case together. If they don’t agree, one spouse can file a divorce case. What Forms Do I Need To File For Divorce?To start a case in court, you must file a document called either a complaint or a petition, and required attachments. The kind of complaint or petition you file will depend on your situation. Is There A Residency Requirement To File?Either you or your spouse may file to end your marriage in Utah as long as the filing spouse is a resident of the state. Generally, you are an Utah resident for the purposes of filing for divorce or dissolution if you are in Utah when you file and intend to stay as a resident. Also, if you don’t live in Utah and were married outside of Utah, but your spouse is an Utah resident, you can file in Utah. Just because you file in Utah, does not mean the court has jurisdiction or authority over all issues that may be in your case. For example, there is a law that states that the children need to live in Utah for at least the last six months for the court to have authority to make decisions about them, although there are exceptions to this requirement. Also, if you have property such as a home outside Utah, the court may not have the authority to enforce any orders regarding that property. If the other side has never been to Utah or no longer lives in Utah, it is possible he/she will ask the court to dismiss the case. The law is that the court has jurisdiction over the people in the divorce case if the married couple lived in Utah for at least six consecutive months within the six years before filing for divorce. Jurisdiction is a very complicated subject and you should talk to an attorney to figure out whether Utah is the right place to file your case. Am I Required To Go To Any Parenting Classes Or To See A Video If We Have Any Children?It depends. Many courts require that you view the Listen to the Children video, and some courts also require a special class or workshop. What If I Cannot Find My Spouse?If you are married and cannot find your spouse, you can still get divorced but only after you have made what is called “diligent inquiry,” which means looking really hard for your spouse. After you have completed your diligent inquiry you must submit an affidavit explaining how and where you looked, and ask for permission to serve that missing spouse by publishing notice in a newspaper or posting in certain places. Your missing spouse may be easier to locate than you think, and you may very well find them after you do your diligent inquiry. Once you have done your diligent inquiry, you have these options: Utah Divorce AttorneyWhen you need a divorce lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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