![Utah Marital Settlement (Divorce) Agreement Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fplaceholder-general.png&w=3840&q=75)
A Utah marital settlement agreement form is a legal document spouses use to arrange their rights and obligations during a divorce. In this document, a married couple can address issues such as alimony, child support and custody, division of marital property and debts, and other related matters.
While a marital or divorce settlement agreement is not mandatory in a divorce, its use is highly recommended when there are no disputed issues between the spouses and they can amicably settle their matters.
For this reason, a divorce settlement agreement is commonly used in uncontested divorces, while its application is excluded in contested divorces, where the spouses cannot agree on important matters.
Divorce Forms
Divorce forms should be filed with the district court; the filing fee is $325, and the waiting period for the decree of divorce is 30 days from the date of filing the complaint.
Divorce Laws and Legal Requirements in Utah
Divorce laws and legal requirements in Utah represent the legal framework that regulates the most important issues in divorce. It also outlines all the criteria spouses need to meet for a successful divorce process. Below are the key aspects, namely:
Alimony
The court can order one spouse (the payor) to pay alimony to the other spouse (the recipient). In determining the amount and duration of alimony, the court follows the criteria stated in Section 30-3-5(10) of the Utah Code, namely:
The living standard during the marriage
The financial situation and needs of the recipient
The recipient’s earning capacity
The payor’s ability to provide support
The length of the marriage
Which spouse has custody of the child(ren) (if any)
Whether the recipient works for the payor
Which of the spouses is at fault for the divorce
Child Support
Title 78B, Chapter 12 of the Utah Code regulates child support, which is a financial obligation of both parents. The goal is to meet the child’s basic needs, cover medical expenses, school costs, and other necessary expenses, all in their best interest.
The court uses a guideline table to determine the amount of child support based on the combined monthly gross income of the parents and the number of children.
Division of Property
In Utah, the court will apply the principle of equitable distribution when deciding on the division of the spouses’ property. Equitable distribution means that the court will divide the property fairly, which does not necessarily mean it will be a 50/50 split.
Grounds for Divorce
According to Section 30-3-1(3), the grounds for divorce in Utah are as follows:
The respondent's impotence at the time of marriage
Adultery committed by the respondent after marriage
Willful desertion by the respondent for over a year
Wilful neglect to provide for the petitioner
Alcohol abuse
Respondent's felony conviction
Cruel treatment affecting physical and mental health
Irreconcilable differences between spouses
Incurable insanity of either party
Three years of separate living under a court-ordered maintenance decree
Interim Support
Section 30-3-3 states that the court can order one spouse to pay the other spouse a certain amount of money as support and maintenance until the divorce is finalized. The court will base the decision on the needs of one spouse and the financial possibilities of another.
Residency
According to Section 30-3-1(2), to get a divorce in Utah, at least one spouse has to be a bona fide resident of the state and the county where the divorce is filed. Military personnel stationed in Utah for three months or more can also file for divorce in the country, regardless of their legal residency status.
How to File for a Divorce in Utah in 8 Steps
The following eight steps detail what spouses can expect during the divorce process and help them prepare for it effectively.
#1. Fill Out and File the Divorce Form
In a divorce procedure, one spouse is called the petitioner—the one who starts the process—while the other spouse is known as the respondent. The divorce officially begins when the court receives the main document—the “petition for divorce” or “divorce complaint” filed with the local district court.
The petitioner is responsible for delivering a divorce complaint and a summons to the respondent. Within 120 days, the petitioner has to file proof that these papers were served to the respondent in court. This procedure is standard, but in cases where both spouses agree on the divorce terms, it may be slightly different.
#2. Court’s Order
Before serving the respondent, the court issues a preventative order known as a “Domestic Relations Injunction.” This order is designed to protect both parties and prevent potential issues during the divorce process, like harassment or improper property transfer.
#3. Serve the Forms to the Spouse
The serving procedure involves delivering the filed documents and summons to the other party personally, by mail, or through some other alternative method.
Personal delivery implies physically handing over the documents. Ideally, the respondent agrees to accept the papers, completes an “Acceptance of Service” form, and files it with the court as a delivery confirmation.
Otherwise, the petitioner engages a third neutral party over 18, a sheriff, or a professional delivery service. In this case, the petitioner fills out a “Proof of Service” form along with the signature of the person who delivered the documents.
Alternative methods, such as publication, can be used when serving documents is impossible because the respondent cannot be located and served in person.
#4. Stipulation Instead of Service
If parties agree on all divorce terms, they can choose to use a stipulation—a formal agreement—instead of formally serving the divorce documents to the respondent, which speeds up the process.
#5. Wait for the Defendant's Answer
The respondent has a deadline to respond after receiving the divorce petition and summons. If served within Utah, this deadline is 21 days, and if served outside Utah, it`s extended to 30 days.
In their response, the respondent addresses the claims and evidence raised in the divorce petition. If the petition does not cover all critical matters, such as alimony, the respondent has to submit a counterclaim to address them.
#6. File the Rest of the Forms
During the divorce process, in addition to the divorce complaint, it's necessary to provide additional documentation proving various facts related to the divorce, such as:
Additional Forms
Vital Statistics Sheet: This contains personal data about the parties, the date and location of the marriage, and other necessary information for record-keeping.
Filing Fees: It indicates whether the parties have paid the required fees or if they are exempt from payment.
Financial Statements: These documents provide information about incomes, debts, and other financial matters of the spouses.
If the parties have children, they also need the following documents:
Parenting Plan: This is necessary only if there is an agreement for joint custody.
Certificates of Divorce Education Courses: These certificates show the completion of divorce education and orientation classes.
#7. Mediation or Trial
When both parties agree on all divorce terms, they should sign a stipulation or complete a marital settlement agreement template, which allows them to proceed directly to trial.
On the other hand, if the respondent files an answer, the parties follow the regular divorce procedure, which includes mediation and can be skipped upon request. If mediation is skipped or unsuccessful, a trial is scheduled.
#8. Final Hearing
After reviewing all filed documents at the final hearing, the court will provide its reasoning on the established facts and relevant laws applied. Then, it will issue a divorce decree, which finalizes the marriage and decides on all related matters like property division, child custody, and support. Once the judge signs the decree, the parties are officially divorced.