Utah Divorce Default Checklist

Contested Divorce v. Uncontested Divorce

Not all divorces go to trial. Only about 1%–2% ever get that far.

And only a fraction of divorces ever get before a judge. Most contested divorces (probably 75%–80%) go straight to mediation and get done there.

The stats above apply to “contested divorces” (i.e., divorces where people are actually fighting about something). There’s another entire group of divorces which are “uncontested” (i.e., no one’s fighting about anything).

I’m not sure about the exact proportion of contested to uncontested divorces in Utah, but uncontested is above 50%+ of the total. So, at least 1 out of every 2 divorces in Utah doesn’t involve any disagreement at all.

Default on Uncontested Divorces

Even if a Utah divorce is uncontested, it still goes through process in the courts to make sure all the paperwork has been done correctly.

Getting this process right is really important, because if it’s not done correctly, either the paperwork comes out screwed up or the court rejects the divorce and you have to start the process over again.

One of the last parts of the uncontested divorce process is default. Default is when the other person doesn’t contest the divorce and the paperwork filed goes through for the judge to sign.

(Note: even when Husband and Wife negotiated their divorce and agree on everything, you still go through default because the paperwork filed is what was agreed to.)

Utah Divorce Default Checklist

To make sure we get default right, we have a checklist we go through. This was we don’t miss anything and get the paperwork to the judge ASAP.

Here’s the checklist we use in our office.

Divorce Default Checklist

Timing

• Wait at least 20 days, plus three days for mailing

Insurance before preparing default packet

• Check court minutes to ensure no Answer or anything like an Answer has been filed
• Check Communication file to ensure you have not received a last-minute Answer

Default Packet

• Prepare the following pleadings in the following order (attach a Certificate of Service to each pleading)
• Motion for Default Judgment, to which the following are attached as exhibits
• Summons
• Declaration of Service
• Motion to Submit Entry of Default Judgment
• Notice to Submit for Entry of Default Judgment
• Default Certificate
• Affidavit Regarding Grounds and Jurisdiction
• Military Service Declaration, to which the following is attached as an exhibit
• Department of Defense Manpower Data Center Printout
• Order Regarding Military Service Declaration
• Statement of Compliance with Uniform Child Support Guidelines, to which the following may be attached
• Child support worksheet
• Most recent tax return
• 78B-12-201(2) Affidavit establishing defaulting party’s income, and possibly moving party’s income if records are not available, by best evidence possible (can also be used to explain missing tax return)
• Following divorce education documents if necessary
• (Stipulated) Motion to Waive Divorce Education Requirements and Declaration
• Request to Submit for Decision
• Order Regarding Motion to Waive Divorce Education Requirements and Declaration
• Certificate of Divorce, Dissolution of Marriage, or Annulment (if already completed as part of initial filings, provide anyway)
• Findings of Fact and Conclusions of Law
• Decree of Divorce
• Scan all documents
• Mail all documents to defaulting party and Court (personal service not necessary)

Post Mailing Procedure

• Wait approximately two weeks and check Xchange to determine if judge has signed Decree of Divorce
• If Decree has not been signed, contact judge’s clerk and inquire regarding (1) time frame and (2) if any further information is necessary for finalization
• When Decree of Divorce has been signed, ask the Court to email or mail a copy (fee may be required for mailing)

Case Finalization

• Provide each party with a copy of Decree of Divorce
• Determine final invoice
• Send invoice and case closing letter to client

Excellent

Brown Family Law

4.8

Based on 822 reviews

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Shaun Jorgensen

Best attorney ever. They were so helpful and responsive

Christie Berube

When I started my case with Brown Family Law, they had 650 positive reviews. Now, about a year later, they have 820. Not sure how much else you need to convince you, but do yourself a favor and stop looking. You're in the right place.We worked with Nathaniel for nearly a year on our case, and trusting someone with something so vulnerable and close to you as a custody case is difficult, but he made it easy. His knowledge of law and experience with the court system allowed us to make educated decisions quicker. He helped me feel confident in very unfamiliar territory, and having someone like Nate on my team allowed me to make the best decisions possible for our family. He thought of many things I didn't, and gave us the roadmap to success for navigating a complicated and stressful situation. I found myself constantly bragging about our lawyer to family and expressing how impressed I was in his skill and his fearless nature of getting sh** done. Nate got that dawg in him, yanno what I mean?I like the way Brown Family Law works with their clients; it's different than other law firms, and I can see the benefits of those differences. It's always easy to contact someone at the office, and I get a response very quickly. They are extremely communicative, fast, and thorough. They run a tight ship, and it's obvious the quality differences from other law firms.This is a big and heavy decision, but Brown Family Law will take a lot of that weight off your shoulders. Ask for Nate--you won't be led astray.

Response from the owner: Christie, thank you. So glad Nathaniel was able to help you and that we were able to communicate with you so quickly.

Fer Esquivel Guillén

This firm is awesome but special shoutout to Dani, she is an outstanding paralegal. She is very knowledgeable

Response from the owner: Thank you very much for your kind words about Dani.

Karl Bench

I can't say enough about Russell Yauney at Brown Family Law! He has helped me on multiple cases over the years and has always exceeded my expectations. Russell is one of the good guys who isn't afraid to tell you how it is and isn't afraid to stand up and fight for what is right. I'm glad that I have Russell and his team in my corner!

Response from the owner: Karl, glad Russell served you well.

Ryan Farrell

very helpful to fathers who have been broke by the system and targeted for vaporization(1984). Thank you brown family law.

Response from the owner: You're welcome, Ryan. And thank you for the kind words.

Samantha Lachowsky

Nathaniel was my attorney and I couldn't ask for someone more attentive and level-headed than he is. They made my divorce process so much easier and were very patient with me as I navigated the entire process. Thank you Brown Family Law for all of your help!

Response from the owner: Samantha, thank you and so glad Nathaniel did such a good job for you.

Danny Fenstermaker

Used Nathaniel Garrabrandt for a child custody case. He is very good, very professional and available. Having been through this a few times that communication is very important. The only warning, and this isnt just Nate per se, but very very costly.

Response from the owner: Danny, thank you for recommendation. Glad Nathaniel has been able to help you.

Amber McFee

I've witnessed firsthand how Brown Family Law works hard to care for their clients. They train their staff and attorneys on more than just the law, but how to serve clients with care and integrity.

Response from the owner: Thank you, Amber.

Christiansenfam

Amber McFee Super hard working , determined, while always fight for what is right

Response from the owner: Glad we could help.

Adam Weston

Lei was something special. She was very understanding of our situation and her advice and listening ear made our decision and path forward clear. Thank you!

Response from the owner: Adam, you're welcome, and thank you.

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Utah Divorce Default Checklist

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