How to Divorce

The first step in determining how to divorce is whether the divorce will be contested or uncontested.  An uncontested divorce is where the parties have agreed upon everything and need the court to enter an order based on the parties' agreement.  In a contested divorce, there is disagreement between the parties and each party should have an attorney to represent them.  In Utah, a divorce starts with the filing of a petition and serving the other party.  Service is generally handled by the constable for a fee ($40-$80).  Once the party is served, they will have 20 days to file an answer and a counter petition for divorce.  The parties are required to exchange financial information in a Financial Declaration and then attend mediation.  If the issues are not resolved in mediation, the parties will proceed to trial.  Depending on the issues involved, this may require depositions, obtaining experts, or a child custody evaluation.  A trial is then held and the judge makes a ruling and entered a decree of divorce.  Each party will have the opportunity to appeal the judge's ruling.