the responding spouse must file an
the responding spouse must file an

the responding spouse must file an

In the Answer, the responding spouse should admit or deny each of the petitioning spouse’s claims and requests for relief. If the responding spouse fails to deny a claim, the claim is deemed admitted. Similarly, applicable defenses must be included in the Answer or they will be deemed waived. can i file for divorce online in Utah

In conjunction with the Answer, it is common for the responding spouse to file a “Counter-Petition for Divorce.” In the Counter-Petition for Divorce, the responding spouse should set forth all desired relief and grounds for the court to award such relief. The petitioning spouse has twenty days to respond to all claims and requests for relief set forth in the Counter-Petition for Divorce.

Step 4. Temporary Orders

It can take months or years to finalize a divorce. Even if the spouses are able to agree on a divorce resolution, Utah has a 90-day waiting period before the court will review the divorce agreement and enter a Decree of Divorce. If the spouses are unable to agree on a resolution, they will be required to complete discovery and attend at least one session of mediation before the divorce case can proceed to trial. The divorce litigation process often takes more than a year to complete.

While the divorce case is pending, one or both spouses may request that the court enter temporary orders, which will remain in place until a final Decree of Divorce is entered. Temporary orders typically govern who will remain in the family home, who will have custody of the children, who will be responsible for servicing monthly debts and whether temporary alimony or child support should be paid.

The procedures for requesting temporary orders are found in Rule 101 of the Utah Rules of Civil Procedure. Pursuant to Rule 101, the spouse requesting temporary orders must file a motion with the court and schedule the matter for hearing. The responding spouse may file a response and counter-motion up until five days prior to the hearing. Hearings before commissioners are not evidentiary. The spouses are permitted to proffer relevant facts and request orders based on those facts. However, they are not permitted to call witnesses to testify or to present evidence that has not been filed as an attachment to their pleadings.

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