Filing the petition gets the divorce case underway, but you are still married at that point, and none of the major issues have been decided. What happens next depends on what your spouse does with the papers. SimpleEnding.com helps prepare the paperwork required to begin your Utah divorce. The next steps depend on how your spouse responds. They may agree to the divorce, file an answer that raises disagreements, or fail to respond within the required time.
The Domestic Relations Injunction Begins with Filing
Submitting the divorce petition also puts Utah’s domestic relations injunction under Rule 109 into effect. The injunction places restrictions on both spouses, including rules concerning marital property, insurance coverage, and certain issues involving the children. The spouse who files is covered immediately. The other spouse is covered once the injunction is served. The injunction stays in place while the divorce is pending, unless it is changed or ended as allowed by Utah law.
Notifying the Spouse and Responding to the Divorce
You need to properly serve your spouse with the divorce papers. Once served, they have 21 days to answer if they are served in Utah, or 30 days if they are outside the state. Signing an acceptance of service only means they received the papers. It does not mean they agree with the divorce or its terms. When both spouses are in agreement on all issues, their terms can be documented in a written stipulation signed by both parties. If your spouse does not answer at all, you can ask the court to enter a default.
What Happens After the Answer
The final disclosure requirements are triggered when the initial answer is filed. From that date, each spouse has 14 days to provide the other with a sworn Financial Declaration. The paperwork includes two years of tax returns, 12 months of income records, three months of account statements, plus documents for loans and property. Leaving an asset off the disclosures can lead to sanctions and affect what happens to it later.
If You Agree on Everything
When you have reached an agreement on every issue in the divorce, you can record those terms in a stipulation signed by both spouses. If you have minor children, both parents also need to complete the required divorce education courses. After the 30-day waiting period has passed, the final paperwork can then be submitted to the judge for review. If the divorce is fully settled, the court may be able to finalize the matter without requiring either spouse attend a hearing.
If You Can’t Agree
A disagreement raised in the answer can move the divorce into a longer and more involved process. The court may set a case-management conference, the spouses may exchange disclosures, and Utah generally requires at least one mediation session before trial. Either spouse can also request temporary orders on support, custody, or the home while the case is pending. Reaching a settlement before the court makes a final decision allows you to present your agreed terms for approval.
Getting the Paperwork Right
You can’t shorten the waiting period or control how quickly the court handles the case, but you can make sure the paperwork is ready from the start. SimpleEnding.com provides the Utah divorce paperwork you need to begin the process, so you do not have to navigate the required forms on your own.
