Utah Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce

State:
Multi-State
Control #:
US-02179BG
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Word; 
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Description

In the answer to a civil lawsuit, the respondent/defendant tells his side of the story. He is supposed to admit facts that are true and deny allegations that are not true. This answer must be filed within 30 days in some state courts. Failure to file an answer can result in a default judgment against the respondent/defendant. A default judgment is a judgment for failure to defend that is entered against the respondent/defendant just like there had been a trial.


This form is a generic example of an answer that may be referred to when preparing such a pleading for your particular state.

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FAQ

No, Utah is a no fault state. However, fault is a factor considered by the court in reviewing whether alimony should be awarded.

Utah Code Section 30-3-18 requires that there must be at least 30 days between the date the divorce petition is filed and the date a hearing for decree of divorce may be held. Either party can ask that the waiting period be waived, but they must show the court that extraordinary circumstances exist.

An uncontested divorce in Utah requires an average of 3 months to complete. A contentious divorce, on the other hand, might take 9 months or longer, depending on the complexity of marital assets.

Complete a 90-Day Waiting Period Utah law stipulates that judges must wait 90 days after the date that the divorce petition was initially filed to sign the final divorce order. This is true even if both spouses agree on all issues.

Answer the petition Prepare your answer to the petition, and file it with the court within 21 days of being served if you live in the state of Utah or within 30 days if you live outside of Utah. You must also provide your spouse with a copy of your response.

Time to Respond The summons will say how many days the defendant has to respond. In most cases, if the defendant is served in Utah, they must file their answer within 21 calendar days after the date of service. If the defendant is served outside Utah, they must file an answer within 30 calendar days after service.

In Utah, there is no minimum time period that you need to be separated before a divorce is granted. No matter how long you have been separated, the court will grant your divorce 91 days after filing.

Use Online Court Assistance Program (OCAP) to prepare an Answer to a divorce case and optional Counterclaim, or to prepare a Stipulation. To prepare and Answer and optional Counterclaim, use the generic forms on the Answering a Complaint or Petition web page.

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Utah Answer or Response to Petition or Complaint for Dissolution of Marriage or Divorce