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Utah Divorce Process
Preparing the Divorce Papers

The petitioner starts the action by completing the Cover Sheet for Civil Actions, Department of Health Form, Verified Complaint for Divorce, Summons, and if there are minor children, Parenting Plan.

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Filing the Paperwork with the Court

The petitioner files the originals in the county court in which one or the other spouse resides. Utah law allows the filing spouse to file by mail but recommends using registered mail to guarantee receipt of delivery. The petitioner can also hand-deliver the divorce papers to the county clerk.

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Serving the Documents

In Utah, as in every other state, the petitioner serves the respondent with copies of all the divorce documents. This is the service of process, and it enables the other side to respond or file a counterclaim. Under Utah law, the petitioner has 120 days from the date of filing to serve copies on the opposing side. Utah permits various forms of service, including hiring a private process server, delivering the papers in person, and sheriff's service.

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Disclosing Financial Information

Utah requires the parties to exchange financial information, including a list of all assets and debts. Both spouses must file a Financial Declaration after the Respondent submits his or her response to the original divorce petition.

Finalizing the Divorce

The divorce can become final 90 days from the date of filing.

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Utah courts decide child custody by determining the best interests of the child. The court can ask the children whom they want to live with and can consider the children's wishes regarding custody or visitation, but the children's wishes do not control the court's decision regarding custody and visitation.
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