Uncontested Divorce Petition + Decree Filing Packet - Utah

UNCONTESTED DIVORCE PETITION + DECREE FILING PACKET — UTAH

TABLE OF CONTENTS

1. Pre-Filing Eligibility, Waiting-Period & Education-Course Checklist
2. Caption (All Pleadings)
3. Petition for Divorce
4. Acceptance of Service / Waiver / Answer
5. Stipulation / Marital Settlement Agreement
6. Rule 26.1 Mandatory Initial Disclosures
7. Divorce Orientation & Divorce Education Course Compliance
8. Child Support Worksheet, Parent-Time Schedule & UCCJEA Declaration (If Applicable)
9. Affidavit / Joint Affidavit of Jurisdiction and Grounds
10. Motion to Waive Waiting Period (If Applicable)
11. Findings of Fact and Conclusions of Law
12. Decree of Divorce
13. Filing Procedure & Court Clerk Checklist
14. Certificate of Service
15. Sources and References

1. PRE-FILING ELIGIBILITY, WAITING-PERIOD & EDUCATION-COURSE CHECKLIST

☐ Filing route (Utah Code § 81-4-402(1)). Select and document one: ☐ either spouse was an actual and bona-fide resident of [____________] County for at least 90 days before filing; ☐ a spouse was stationed in Utah under military orders for at least 90 days before filing; ☐ both spouses consented to personal jurisdiction under Section 81-2-303(5)(a)(ii).

☐ UCCJEA home state (Utah Code § 78B-13-201). If children are involved, each minor child has resided in Utah for the 6 months immediately preceding filing (or since birth, if under 6 months).

☐ Ground. Irreconcilable differences of the marriage are alleged under Utah Code § 81-4-405(1)(h).

☐ Waiting period (Utah Code § 81-4-402(3)). The court may not enter the decree until 30 days after filing unless the court finds extraordinary circumstances. ☐ The period will elapse before submission. ☐ A motion identifying extraordinary circumstances will be filed.

☐ Divorce Orientation Course (Utah Code § 81-4-105). If the parties have a minor child, Petitioner will complete within 60 days of filing and Respondent within 30 days of service. Parties without a minor child may choose to attend.

☐ Parenting Course (Utah Code § 81-9-103) — REQUIRED IF MINOR CHILDREN. Both parties will complete and file certificates as required before the Decree is submitted.

☐ Mandatory Disclosures (Utah R. Civ. P. 26.1). Each party will provide the other with the required Initial Disclosures within 14 days of service of the Answer (or within 42 days of service of the Petition if no Answer is required because of a Stipulation).

☐ Settlement. The parties have agreed on division of property and debts; alimony; and (if applicable) custody, parent-time, and child support.

☐ Filing fee. Petition for Divorce filing fee (confirm current amount on the Utah Courts website). Fee waiver application available via Motion to Waive Fees (Affidavit of Impecuniosity).

☐ Vital Statistics. Complete the Utah Department of Health Certificate of Divorce / Annulment, to be filed with the decree.

2. CAPTION (ALL PLEADINGS)

IN THE [________________________________] JUDICIAL DISTRICT COURT

IN AND FOR [________________________________] COUNTY, STATE OF UTAH

Case No. [________________________________]

Judge: [________________________________]

3. PETITION FOR DIVORCE

Petitioner respectfully petitions this Court for a Decree of Divorce and alleges:

3.1 Parties

1. Petitioner, [PETITIONER'S NAME], resides at [________________________________], [____________] County, Utah [____________]. Date of birth: [__/__/____]. Last four of SSN: XXX-XX-[____].

2. Respondent, [RESPONDENT'S NAME], resides at [________________________________], [____________] County, [STATE] [____________]. Date of birth: [__/__/____]. Last four of SSN: XXX-XX-[____].

3.2 Jurisdiction and Venue

3. The filing route under Utah Code § 81-4-402(1) is satisfied because: [90-DAY COUNTY RESIDENCY / MILITARY STATIONING / CONSENT TO PERSONAL JURISDICTION — FACTS].

4. Venue is proper in this Court because [☐ Petitioner ☐ Respondent] resides in [____________] County.

3.3 Marriage

5. The parties were lawfully married on [__/__/____] in [CITY], [STATE/COUNTRY].

6. The parties separated on [__/__/____].

3.4 Ground

7. Irreconcilable differences of the marriage exist (Utah Code § 81-4-405(1)(h)).

3.5 Children

8. ☐ No children were born of or adopted during the marriage, and Petitioner is not pregnant.

☐ The following minor child(ren) were born of or adopted during the marriage:

9. UCCJEA: Each minor child's home state is Utah, and the child(ren) have resided in Utah for at least the 6 months immediately preceding filing (or since birth). See attached UCCJEA Declaration.

3.6 Property and Debts

10. The parties have acquired marital property and debts during the marriage. The parties have entered into, or will enter into, a Stipulation / Marital Settlement Agreement (attached as Exhibit A) proposing equitable orders concerning property, debts, and obligations under Utah Code § 81-4-406(3)-(4).

3.7 Alimony (Utah Code §§ 81-4-501 to 81-4-505)

11. ☐ Both parties waive alimony, present and future.

☐ The parties have agreed on alimony as set forth in the Stipulation.

3.8 Insurance / Health Coverage

12. The parties have agreed on continuing or modifying health insurance for [☐ the parties ☐ the minor children] as set forth in the Stipulation.

3.9 Name Restoration

13. ☐ Petitioner requests that the former name [________________________________] be restored. Confirm the current procedural authority and required form before filing.

3.10 Prior Actions / Protective Orders

14. ☐ No other domestic-relations action is pending between the parties.

☐ The following action(s) are pending: [________________________________].

15. ☐ No civil stalking injunction or protective order is in effect.

☐ The following order is in effect: [________________________________].

3.11 Prayer for Relief

WHEREFORE, Petitioner prays for a Decree of Divorce:

A. Dissolving the marriage of the parties on the ground of irreconcilable differences;

B. Approving and incorporating the parties' Stipulation / Marital Settlement Agreement and dividing property and debts as set forth therein;

C. Ordering custody, parent-time, and child support (if applicable) as set forth in the Stipulation and Parent-Time Schedule;

D. ☐ Ordering alimony as agreed; ☐ Confirming waiver of alimony;

E. ☐ Restoring Petitioner's former name [________________________________];

F. Granting such other relief as the Court deems just.

3.12 Verification

I, [PETITIONER'S NAME], declare under criminal penalty under the laws of the State of Utah that the foregoing is true and correct.

Executed on [__/__/____] at [CITY], [STATE].

[________________________________]
Petitioner

4. ACCEPTANCE OF SERVICE / WAIVER / ANSWER

Option A — Acceptance of Service and Waiver

I, [RESPONDENT'S NAME], the Respondent in the above-captioned matter, acknowledge that I have received a copy of the Petition for Divorce, summons, and any accompanying Stipulation. I accept service, waive any defect therein, and submit to the personal jurisdiction of this Court.

[________________________________] Date: [__/__/____]
Respondent

Option B — Stipulated Answer / Joinder

I, [RESPONDENT'S NAME], answer the Petition for Divorce as follows: I admit the allegations of paragraphs 1–9; I join in the Stipulation / Marital Settlement Agreement attached; I request that the Court enter the Decree of Divorce as stipulated.

[________________________________] Date: [__/__/____]
Respondent

Option C — Default

If Respondent is served and fails to file an Answer within 21 days (or 30 days if served outside Utah), Petitioner may move for entry of default under Utah R. Civ. P. 55 and proceed to entry of default Decree.

5. STIPULATION / MARITAL SETTLEMENT AGREEMENT

This Stipulation is entered into between [PETITIONER] and [RESPONDENT] on [__/__/____].

5.1 Recitals

A. Married [__/__/____]; separated [__/__/____].

B. Each party has provided full financial disclosure under Utah R. Civ. P. 26.1.

C. Each party has had the opportunity to retain independent counsel.

5.2 Real Property

5.3 Vehicles and Personal Property

5.4 Financial Accounts and Retirement

5.5 Debts

5.6 Alimony

☐ Both parties waive alimony, present and future.

☐ [PARTY] shall pay alimony of $[________] per [period] for [________] months, beginning [__/__/____]. Unless the decree specifically provides otherwise, court-ordered alimony automatically terminates upon the payee's remarriage or death. Cohabitation relief requires proof and a motion filed within the one-year period in Utah Code § 81-4-505. Any different negotiated termination event, including payor death, is: [________________________________].

5.7 Children (if applicable)

Custody, parent-time, and child support are governed by the attached Parent-Time Schedule (Utah Code §§ 81-9-301 to 81-9-304 and § 81-9-209) and Child Support Worksheet (Utah Code Title 81, Chapter 6).

5.8 Health Insurance & Unreimbursed Medical

[PARTY] shall provide health insurance for the minor child(ren) while available through employment at reasonable cost. Unreimbursed medical: [____]% Petitioner / [____]% Respondent.

5.9 Taxes

Tax year [______]: ☐ joint ☐ separate. Allocation: [________________________________]. Dependency exemptions: [________________________________].

5.10 Acknowledgments

Each party affirms that this Stipulation is fair and equitable, made after full Rule 26.1 disclosure and without coercion, and may be incorporated into the Decree of Divorce.

5.11 Signatures

[________________________________] Date: [__/__/____]
Petitioner

[________________________________] Date: [__/__/____]
Respondent

Sworn before me this [____] day of [____________], [______].

[________________________________]
Notary Public — State of Utah

6. RULE 26.1 MANDATORY INITIAL DISCLOSURES

Each party shall serve the following on the other within 14 days after the Answer is filed (or within 42 days after service of the Petition if no Answer is required):

☐ A complete and current Financial Declaration on the form approved by the Judicial Council;

☐ 2 years of federal and state tax returns with all schedules and attachments (W-2s, 1099s, K-1s);

☐ 12 months of pay stubs and other evidence of income from all sources;

☐ 3 months of statements for all bank, brokerage, and other financial accounts;

☐ Statements for all loan applications and financial statements prepared in the past 12 months;

☐ Documents identifying all real-property interests, retirement accounts, business interests, and life-insurance policies;

☐ A list of debts with creditors, balances, and account numbers;

☐ Health-insurance information for the parties and any minor children.

Failure to disclose may be sanctioned under Utah R. Civ. P. 37 and may delay or prevent entry of the Decree.

7. DIVORCE ORIENTATION & DIVORCE EDUCATION COURSE COMPLIANCE

7.1 Divorce Orientation Course (Utah Code § 81-4-105)

☐ Petitioner completed the Divorce Orientation Course on [__/__/____]. Certificate attached / filed.

☐ Respondent completed the Divorce Orientation Course on [__/__/____]. Certificate attached / filed.

If the parties have a minor child, the statutory deadlines are Petitioner within 60 days of filing and Respondent within 30 days of service. Parties without a minor child may choose to attend. Confirm the current court-approved provider and filing procedure.

7.2 Parenting Course (Utah Code § 81-9-103) — Required If Minor Children

☐ Petitioner completed the Divorce Education Course on [__/__/____]. Certificate attached / filed.

☐ Respondent completed the Divorce Education Course on [__/__/____]. Certificate attached / filed.

For parties with minor children, confirm completion, certificate, waiver, and delivery requirements from the current official court materials before submitting the decree. Do not assume that waiver is categorically unavailable.

8. CHILD SUPPORT WORKSHEET, PARENT-TIME SCHEDULE & UCCJEA DECLARATION (IF APPLICABLE)

☐ Child Support Worksheet. Complete the Utah Child Support Worksheet (sole, joint, or split custody form) using the Utah Office of Recovery Services calculator. Support is calculated under the Income Shares model (Utah Code §§ 78B-12-101 et seq.).

☐ Parent-Time Schedule. Apply the current schedules under Utah Code §§ 81-9-302 (children 5–18), 81-9-303 (optional 145-overnight schedule), and 81-9-304 (children under 5), or a court-approved customized schedule.

☐ UCCJEA Declaration (Utah Code § 78B-13-209). Disclose each child's residence for the prior 5 years, persons with claims to custody, and any prior custody proceedings.

☐ Income Withholding Order for child support (Utah Code § 62A-11-502 et seq.).

☐ Health insurance. Use the current Title 81 child-support provisions and official worksheet/order forms; do not rely on former Section 30-3-5.

9. AFFIDAVIT / JOINT AFFIDAVIT OF JURISDICTION AND GROUNDS

I (We), the undersigned, declare under criminal penalty under the laws of the State of Utah:

1. The filing route under Utah Code § 81-4-402(1) is satisfied because: [90-DAY COUNTY RESIDENCY / MILITARY STATIONING / CONSENT TO PERSONAL JURISDICTION — FACTS].

2. Irreconcilable differences have caused the irretrievable breakdown of the marriage.

3. The Stipulation / Marital Settlement Agreement is fair and equitable, was entered into freely and after full Rule 26.1 disclosure, and is recommended for incorporation into the Decree.

4. The 30-day period under Utah Code § 81-4-402(3) has elapsed, or a motion identifying extraordinary circumstances is being submitted concurrently.

5. ☐ No minor children are involved.
   ☐ The Divorce Orientation and Divorce Education Course certificates have been filed for both parties, and the Parent-Time Schedule and child-support provisions are in the best interest of the child(ren).

6. We respectfully request that the Court enter the Findings of Fact, Conclusions of Law, and Decree of Divorce submitted herewith without further hearing.

[________________________________] Date: [__/__/____]
Petitioner

[________________________________] Date: [__/__/____]
Respondent

10. MOTION TO WAIVE WAITING PERIOD (IF APPLICABLE)

Pursuant to Utah Code § 81-4-402(3), Petitioner (and Respondent, jointly) move the Court to permit entry of the decree before 30 days have elapsed based on the following extraordinary circumstances:

[________________________________]

[________________________________]

The extraordinary circumstances are supported by: [________________________________].

The parties have completed all required Disclosures and Education Courses, executed a Stipulation, and are otherwise prepared for entry of the Decree.

[________________________________] Date: [__/__/____]
Movant(s)

11. FINDINGS OF FACT AND CONCLUSIONS OF LAW

The Court, having reviewed the Petition, the parties' Stipulation, mandatory disclosures, education-course certificates, and supporting Affidavits, FINDS:

11.1 Findings of Fact

1. The Court has subject-matter and personal jurisdiction.

2. Petitioner has been an actual and bona-fide resident of Utah and of [____________] County for at least 3 months immediately preceding the filing of the Petition.

3. The parties were married on [__/__/____] in [CITY], [STATE/COUNTRY].

4. Irreconcilable differences have caused the irretrievable breakdown of the marriage.

5. The Stipulation dated [__/__/____] is fair, equitable, and not unconscionable.

6. (If applicable) The Parent-Time Schedule and child-support provisions are in the best interest of the minor child(ren).

7. The 30-day period under § 81-4-402(3) has elapsed (or the court finds extraordinary circumstances).

8. (If the parties have a minor child) Both parties have completed or have been excused from the required orientation course (§ 81-4-105) and parenting course (§ 81-9-103).

11.2 Conclusions of Law

A. Petitioner is entitled to a Decree of Divorce on the ground of irreconcilable differences (Utah Code § 81-4-405(1)(h)).

B. The Stipulation should be incorporated into the Decree.

C. If the parties have a minor child, the Court may enter orders under the current Utah Domestic Relations Code and the UCCJEA, subject to the pleaded jurisdictional facts.

[________________________________]
JUDGE OF THE DISTRICT COURT

12. DECREE OF DIVORCE

Based on the foregoing Findings of Fact and Conclusions of Law, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:

A. The bonds of matrimony between [PETITIONER] and [RESPONDENT] are DISSOLVED.

B. The Stipulation / Marital Settlement Agreement dated [__/__/____], attached as Exhibit A, is APPROVED and INCORPORATED into this Decree.

C. ☐ Custody, parent-time, and child support are awarded as set forth in the Parent-Time Schedule and Child Support Worksheet, which are APPROVED and INCORPORATED.

D. ☐ Alimony: ☐ waived; ☐ awarded as: [________________________________].

E. ☐ Petitioner's former name [________________________________] is RESTORED.

F. Each party shall execute documents necessary to effectuate property transfers, account divisions, and QDROs.

G. Income Withholding Order shall issue for child support (if applicable).

H. The marital home, retirement accounts, and other identified assets shall be divided as specified in the Stipulation.

I. This Decree is FINAL and APPEALABLE.

DATED this [____] day of [____________], [______].

[________________________________]
DISTRICT COURT JUDGE

Approved as to form and content:

[________________________________]
[ATTORNEY / PETITIONER PRO SE]
Utah Bar No. [______________]
[ADDRESS] / [PHONE] / [EMAIL]

[________________________________]
[ATTORNEY / RESPONDENT PRO SE]
Utah Bar No. [______________]

13. FILING PROCEDURE & COURT CLERK CHECKLIST

☐ Step 1. Confirm and plead a filing route under Utah Code § 81-4-402(1).

☐ Step 2. Prepare Petition for Divorce, Summons, Civil Cover Sheet, UCCJEA Declaration (if children), Stipulation, and Verified Financial Declaration. Consider using the Online Court Assistance Program (OCAP) at utcourts.gov.

☐ Step 3. File with the District Court Clerk in the appropriate county. Pay filing fee or submit Motion to Waive Fees with Affidavit of Impecuniosity.

☐ Step 4. Service of process on Respondent (Utah R. Civ. P. 4) — by sheriff, constable, or private process server; OR Acceptance of Service signed by Respondent.

☐ Step 5. If the parties have a minor child, complete the orientation and parenting courses within the current statutory deadlines and file the required proof. If there is no minor child, the orientation course is optional under Section 81-4-105.

☐ Step 6. Exchange Rule 26.1 mandatory disclosures.

☐ Step 7. Observe the 30-day period in Utah Code § 81-4-402(3), or file a motion supported by extraordinary circumstances.

☐ Step 8. Tender Findings of Fact, Conclusions of Law, Decree of Divorce, sworn Affidavit, education-course certificates, child-support worksheet, and any QDRO.

☐ Step 9. Obtain entered Decree; record real-property transfers; submit QDROs; complete Utah Department of Health Certificate of Divorce / Annulment; update beneficiaries.

14. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a copy of the foregoing was served on:

[________________________________]
Server / Filer

15. SOURCES AND REFERENCES

• Utah Code § 81-4-402 — petition filing routes and 30-day decree period.
• Utah Code § 81-4-405 — grounds for divorce.
• Utah Code § 81-4-406 — decree contents and equitable orders.
• Utah Code §§ 81-4-501 to 81-4-505 — spousal support.
• Utah Code § 81-4-105 — divorce orientation course.
• Utah Code § 81-9-103 — parenting course for parties with minor children.
• Utah Code §§ 81-9-301 to 81-9-304 — Parent-time schedules; § 81-9-209 — relocation.
• Utah Code Title 81, Chapter 6 — Child Support.
• Utah Code §§ 78B-13-101 et seq. — UCCJEA.
• Utah R. Civ. P. 4 — Service of process.
• Utah R. Civ. P. 26.1 — Mandatory disclosures in domestic relations.
• Utah R. Civ. P. 100A/100B — Family law procedure.
• Utah Courts Online Court Assistance Program (OCAP): utcourts.gov/ocap.
• Divorce Orientation and Divorce Education Courses: divorce.usu.edu (Utah State University Extension).
• Utah Office of Recovery Services Child Support Calculator.
• Utah State Self-Help Center: (801) 238-7990.