If the opposing party files a counterclaim against you, you have to respond within 21 days of being served with the counterclaim.
This rarely happens, and even if you apply for default judgment and obtain it, if the opposing party moves to have your default judgment set aside in a timely manner, so that the case can be heard and decided on the merits rather than by forfeit, courts will often set aside the default on that basis.
Prepare your Financial Declaration and Initial Disclosures and serve them upon the opposing party.
Discovery is the process by which the parties through the rules of civil procedure, can obtain evidence from each other and from other witnesses or other sources. Discovery tools include interrogatories, request for admissions, requests for production of documents, depositions, mental health examinations, custody evaluations, vocational assessments, and subpoenas, to name some.
Under the rules of civil procedure this period is days long, unless the court modifies the time period for discovery. Rarely, if ever, is discovery shortened, although it can be.
And frequently discovery is extended beyond the day period. At this point, the case should be ready to certify as ready to schedule for trial.
If so, either party can file with the court a certificate of readiness for trial, and then ask the court to schedule a date for the judge and the parties to meet to preparations for the trial. Trial is held.
Trials usually last 2 to 5 days, although they can take longer, depending upon how many issues there are to try and how complex the issues are. After the trial has been completed, the judge can take up to 60 days to decide the case, unless the judge obtains permission from the presiding judge of the court to take even more time to render a decision.
Usually the court reaches a decision within several weeks, instead of 60 days, however. After the judge decides the case, the judge will usually direct one of the parties to prepare a proposed draft of the Findings of Fact and Conclusions of Law and to prepare a proposed draft of the Decree of Divorce.
The party who the judge has the proposed Findings of Fact and Conclusions of Law and the proposed Decree of Divorce is required to send the opposing party the drafts for review. There are several options for doing this:.
The Utah courts require proof of service for served, or they will not take action on the petition until this is completed. The proof of service must provide specific information about the place data, and the manner in which the documents were served. In situations where a US Marshal, sheriff, constable, or deputy of ay of these, the proof must be completed in the form of an affidavit. This document must be filed with the court after the spouse responds to the original divorce petition he or she was served.
In situations where the spouse files an answer, both spouses must complete the Financial Declaration including debts, assets, expenses, income as well as documentation supporting these claims, such as copies of tax returns, pay stubs, any applications for loans, real estate appraisal documents, and any other document that verifies this information.
What happens next depends on if the spouse responds to the documents. If the spouse files an answer contesting anything, the case will go to mediation and potentially to trial depending on the conditions of the answer. The judge is unable to make any findings about anything not alleged in the complaint as it must be followed exactly.
The court cannot grant relief for the complaint. It is possible for a previously filed judgment to be set aside, but only if a verifiable reason is available, such as an individual that is a service member with special rights. Contact Utah divorce attorney David Pedrazas to help you complete the process according to state law.
Download PDF. How to Serve Divorce Papers in Utah. You should keep the original documents, and your spouse should be served with copies of the following documents : Copy of Complaint Copy of Court Summons Copy of Temporary Injunctions if needed Download In-State Summons Form Download Out-of-State Summons Form Hiring a Utah divorce attorney can help you through this process and help you remain protected throughout it, especially in complex cases of custody or significant joint assets.
It: Outlines the marriage Defines what the filer requests of the divorce States the reason for filing for divorce In addition, some cases include a temporary court order that dictates several things including: Who will remain in the home Financial matters and payment responsibility Custody of children Child support Spousal support After completing these forms, the original copies must then be filed with the proper county court. How to Serve Your Spouse Utah Divorce Papers The spouse can be served at any location, his or her home, place of work, or other location.
There are several options for doing this: Through the mail is an option if a commercial courier service is used or the US Postal Service if registered or certified mail with return receipt is utilized to do so. The individual receiving the documents must sign for the delivery and only that individual may sign for it.
This is often done for a fee, paid by the petitioner.