Types of Divorce and The Process for Each


In Utah there are basically two different types of divorce options. You will either have a contested divorce or a uncontested divorce. This page will give some basic information on both and go through the general process of each. Just keep in mind that this is general information. For the best guidance and help with your divorce please contact our office and set up a consultation to speak with one of our attorneys.

With either divorce there is a 90-day waiting period from the time the divorce is filed until it will be finalized and granted in every Utah divorce. There are a few situations where the courts will waive the 90-day waiting period.


What is a Contested Divorce?contested Divorce in Utah

A contested divorce is the most common divorce and is more messy and complicated than a uncontested divorce. They can almost seem like a civil law suit. A contested divorce is where one or both of the spouse disagree with some aspect of the divorce such as asset and property division, marital debt ownership, or even the actual divorce itself. Contested divorces are a lengthier and more costly process and can even result in going to trial if the couple can’t work through their issues.


Contested Divorce Process

  1. File for Divorce
  2. Serve the Other Spouse
  3. Wait for 21 days if in the state 30 days if out of State for your spouse to answer your petition
  4. Motion for Temporary Order Hearing if applicable- In this hearing you will have things ordered that need to be immediate but temporary until the divorce is finalized, the issue is settled in court, or through mediation. These include issues surrounding: living arrangements, bank accounts, assets, child visitation, child support, and alimony.
  5.  Both spouses attend Divorce Certification Class- If there are minor children both spouses will also need to attend additional education classes.
  6. Mediation
  7. Settlement Conference
  8. Trial (if no settlement)
  9. Divorce Decree Signed


What is an Uncontested Divorce?

An uncontested divorce is the smoothest and best type of divorce to have. These divorces happen when both parties can 100% agree on all aspects of their divorce, such as property division, marital debt ownership, and child custody. If the couples can agree they can file the papers themselves. This process can save the couple a lot of stress and extra costs. Although the divorce still has to be approved by the courts and signed by a judge, there will be no formal hearing at the court house.

Uncontested Divorce Process

  1. File for Divorce
  2. Serve the Spouse
  3. Wait the 21 days if in the State of Utah or the 30 days if outside Utah
  4. After waiting the 21(30 if out of state) days there are two options that can happen:

-If they are served and sign for the Divorce Petition and do not file an answer you can ask for a default judgement.

-If both parties agree to the divorce documents and its contents the divorce can be granted after 90 days from the time the divorce was filed and if the parties have completed the divorce education class. (Required if the parties have minor children)


If you have any questions about your divorce or need a dedicated attorney to represent you in a messy contested divorce please call our office- (801) 436-5757 -right away! Time is of the essence in a divorce. Don’t let your rights slip away!