The Utah divorce lawyers at Pearson Butler are frequently asked about the divorce process. Unfortunately, the Utah divorce process can be complicated and confusing. As a result, we have answered the following questions related to the Utah divorce process:
WHAT RULES GOVERN THE DIVORCE PROCEDURAL STEPS IN UTAH?
The Utah Rules of Civil Procedure provide procedural steps for Utah divorce cases. See Utah Rules of Civil Procedure.
WHO ARE THE PARTIES?
There are two sides to the divorce proceeding, a Petitioner and Respondent. The Petitioner initiates the divorce case. The Respondent responds to the Petitioner’s divorce documents. A Utah divorce lawyer may choose to represent both spouses, the Petitioner and Respondent.
WHO PREPARES THE DIVORCE DOCUMENTS?
The Petitioner prepares the divorce petition and other documents required to file for divorce. A Utah divorce attorney can explain the divorce process to you and prepare the required documents.
HOW LONG DOES THE PETITIONER HAVE TO SERVE THE DIVORCE PETITION?
The Petitioner has 120 days to serve the divorce petition on the Respondent. The Petitioner also needs to file a Proof of Service after serving the petition, summons, and related documents on the Respondent.
WHAT MUST THE RESPONDENT DO AFTER BEING SERVED?
After being served with a divorce petition, the Respondent has 20 days to respond to the divorce petition if living in Utah. Deadlines are critical. A Utah divorce lawyer plays an integral role in helping the Respondent answer the Petition timely and appropriately.
WHEN IS THE FINANCIAL DECLARATION COMPLETED?
The Financial Declaration affects child and spousal support. After the Respondent answers the divorce petition, both spouses complete the Financial Declaration.
WHAT IS A STIPULATION AGREEMENT?
When both parties agree to the terms in the Petition and Divorce Decree, they sign a written agreement called a stipulation. A Salt Lake City Divorce attorney can further explain the advantages and disadvantages of agreeing or disagreeing with terms outlined in the divorce petition and decree.
WHO MUST TAKE A DIVORCE EDUCATION CLASS?
Utah law requires parties who have children under age 18 to attend divorce orientation and divorce education classes. This requirement is a good thing since the class is helpful to the parties. Although not required, children should also take a divorce education class as their parents go through the difficult divorce process.
IS MEDIATION REQUIRED?
It depends on whether parties are in agreement. If the Respondent and Petitioner fail to resolve issues in the divorce petition and answer, then they are mandated to attend mediation. However, the parties may ask to waive mediation. But mediation is a cost-effective way for parties to resolve conflicts. Usually, a Salt Lake City divorce attorney will encourage mediation.
Contact a Salt Lake City Divorce Attorney
Contact a Salt Lake City divorce attorney at Pearson Butler. Our divorce attorney team can provide a free initial consultation to answer your questions. Our legal team can help answer questions and provide a free initial consultation. Call our office in South Jordan, Bountiful, or Utah County at (800) 265-2314.