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

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 912 reviews
Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.
Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.
When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.
Response from the owner:David, thank you for our conversation and taking the time to leave this review.
My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.
Response from the owner:Thank you very much, Steve. Glad Jennifer took good care of you.
Andrew Christensen was a great divorce lawyer. He is very experienced, professional, and was great to work with during this difficult process.
Response from the owner:Casey, thank you and so glad Andrew served you well.
Made my divorce quick and painless. 5 months ago I was feeling very overwhelmed. There was legal issues with protective orders, my ex wife had taken my kids to another country without my consent, I was in way over my head. After speaking with brown law they calmed my nerves took over my case. A few video calls and 5 months later my divorce is finalized with a fair outcome for everyone. It was easy and stress fee, it didn’t even feel like I was going through a divorce.
Response from the owner:Thank you so much, Brian. Sorry you went through all of that, but glad we were able to help.
Jennifer was excellent! She was always responsive and kept me updated on my case. while the billing was a little different from what I expected, her expertise was invaluable. I highly recommend her. And I appreciate everything she's done for me and may case.
Response from the owner:Jennifer, thank you and glad Jennifer was able to help you and kept you updated.
Going through the divorce process can be overwhelming, exhausting and emotionally draining.
I did my homework to find the perfect lawyer to represent me knowing I could have peace of mind throughout the process.
Leilani Whitmer and her paralegal Idania did not disappoint. Their professionalism and dedication to my case was outstanding and fair.
Leilani had just had surgery a few days before mediation and showed up on crutches and ready to go. That’s dedication!!!
I am highly recommending them to anyone looking to feel at ease during a difficult time.
Response from the owner:Lesia, glad Leilani and Dani took such good care of you.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories

Related Posts