Utah Divorce When Your Spouse Won't Cooperate (2026)

If your spouse won't cooperate, file an individual Petition and proceed through service, the default process, or contested litigation if the Respondent does file an Answer.

Individual Petition — Overview

1. File Petition for Divorce at Utah District Court; pay $325
2. Serve the Respondent
3. Respondent has 21 days to file an Answer after personal service
4. If no Answer: file Motion for Default
5. Default hearing scheduled
6. Decree of Divorce entered (after 30-day waiting period)

Service Options

Option 1 — Acceptance of Service

Ask your spouse to sign an Acceptance of Service form. Free and fastest option if the spouse is willing to sign even if unwilling to cooperate in negotiations.

Option 2 — Process Server

Private process server licensed in Utah. Cost: ~$75–$150.

Option 3 — County Sheriff

County sheriff service. Cost: ~$20–$50.

Option 4 — Publication

If the Respondent cannot be located after diligent search:

1. File Motion for Service by Publication with a detailed Affidavit of Due Diligence documenting all attempts
2. Court grants permission
3. Publish notice in a Utah newspaper approved for legal notices in the relevant county
4. File Affidavit of Publication with the court
5. Default timeline begins from last publication date

After Service — 21-Day Response Deadline

The Respondent has 21 days after personal service to file an Answer. If no Answer is filed within 21 days, the Petitioner may file:

1. Request for Default — ask the court clerk to enter default against Respondent
2. Motion for Default Judgment — ask the judge to enter the Decree based on the Petition

Default Hearing

After default is entered:

• Court schedules a default hearing
• Petitioner (and any witnesses) appear
• Testify to: Utah county residency (90 days); grounds (irreconcilable differences); proposed property division; alimony (if any)
• If children: testify to custody, Parenting Plan, and child support compliance
• Judge enters Decree of Divorce by default

30-day waiting period still applies — the Decree cannot be entered until 30 days after the Petition was filed.

Automatic Temporary Orders (Utah Code § 30-3-4.1)

Utah law automatically imposes Temporary Restraining Orders on both parties upon filing. These are included in the Summons and are effective immediately:

• Neither party may remove minor children from Utah without written consent of the other party or court order
• Neither party may dissipate, conceal, transfer, or dispose of marital assets
• Neither party may cancel, modify, or allow to lapse any health insurance covering either party or the minor children
• Neither party may harass, intimidate, or interfere with the other party

These Automatic Temporary Orders remain in effect throughout the case.

Motion for Temporary Orders

In addition to the automatic orders, file a Motion for Temporary Orders for:

• Temporary alimony/spousal support
• Exclusive possession of the marital home
• Temporary custody and parent-time (if children)
• Temporary child support
• Use of specific marital property (vehicles, bank accounts)

Last reviewed: March 2026 | 90-day county residency (Utah Code § 30-3-1) | 30-day waiting period | 21-day response deadline | Automatic Temporary Orders (Utah Code § 30-3-4.1) | Default hearing required | Equitable distribution | Temporary orders available | District Court | $325 fee | utcourts.gov/en/self-help/divorce.html | utahlegalservices.org

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.