INFORMATION ABOUT UTAH LEGAL CLINIC
Doing your own divorce through Utah Legal Clinic is easy and economical. The process will save you substantial money and allows you to end a marriage with a minimum of involvement by lawyers and the legal system. We prepare all of the legal papers for you and give you full, detailed and complete instructions on how to proceed. We have been helping people in Utah do their own divorces since 1973.
Our office prepares all of the necessary documents and required copies for you. There are approximately thirty (30) pages of typed documents in a divorce without children; and, approximately sixty (60) pages in a divorce involving children. We give you detailed written instructions and the step-by-step procedures to follow. You are responsible for obtaining your spouse's signature on one form in which consent is given to proceed with the divorce. You are responsible for filing the various papers with the court. Our paralegals and attorneys will assist you from start to finish answering any questions you may have.
Do-It-Yourself Divorces that do not involve minor children and are simple may under some circumstances be handled by our office over the telephone and through the mail. There is an additional fee for this service and only very simple divorces may be handled by mail. When you call, ask for more information if you are interested in our "divorce by mail" service.
The filing fee for a divorce action in all counties in Utah is $157.00. If there are no minor children involved in your divorce, our fee to draft your papers is $125.00. Thus, the total cost is $282.00. If you do have minor children from your marriage our fee to draft your papers is $170.00. That fee plus the $157.00 filing fee comes to a total of $327.00. The fees for preparing papers for an annulment or for a decree of separate maintenance are the same as for a divorce. Our fee for drafting your papers must be paid at the time of your appointment.
If you have minor children from your marriage, you and your spouse are required to attend a mandatory one (1) hour divorce orientation class and a two (2) hour divorce parenting class. Information about both classes can be found here http://www.utcourts.gov/specproj/dived.htm. The fee for the orientation is $20.00 for each person. The fee for the divorce parenting class is $35.00 for each person. You should attend that class as soon as possible after receiving your case number after you have filed your papers. You do not have to attend that class with your spouse. After both parties have attended this class, you can finalize your divorce immediately and no waiting period is required.
For divorces not involving children, there is a ninety (90) day mandatory waiting period in Utah. The divorce will be final when the judge signs the papers after the waiting period has expired. In some cases, if there is good reason, this waiting period may be waived. There is an additional fee for our office to prepare the documents requesting that the waiting period be waived.
Before filing for a divorce in Utah you must have residency. You or your spouse must have lived in one county for a period of at least ninety (90) days before you may file for divorce. You must file in a county in which one of you resides and has resided for at least ninety (90) days.
In order to represent yourself, that is for you to do your own Do-It-Yourself Divorce, both you and your spouse must agree upon all terms of the divorce such as debt division, property division and child custody.
If you have a contested divorce, that is if you and your spouse cannot agree on a major item such as debt division, property division, custody, etc., you will probably need to have an attorney represent you in a contested divorce action.
In order to do-it-yourself, your divorce must be simple. Parties that have been separated for a long time, who have few debts and who have already physically divided all of their property can easily proceed with a Do-It-Yourself Divorce. We encourage you to have already mutually agreed with your spouse as to all terms of the divorce before you come in for your appointment. You should prepare a complete list of all items that have been resolved, how debts and property should be divided, etc. Our office can help you determine if your divorce is considered simple. Representing yourself in a divorce involving complicated terms or extensive debts and property is discouraged.
If you have substantial questions with regard to property division, your legal rights, etc. you might to consider setting an initial consultation with one of our attorneys. The fee for that one (1) hour consultation is one hundred dollars ($100.00). In that hour, you can ask specific questions about your situation and get detailed advice as to your legal rights, etc. Such a consultation might provide you with a better basis to discuss matters with your spouse and aid you in reaching a mutually agreeable resolution.
Once you have agreed with your spouse as to the terms, the next step in representing yourself in a divorce is scheduling an appointment. Appointments are available Monday through Friday 9:00 a.m. to 3:00 p.m. You should not bring children with you for your appointment. You should not bring your spouse with you for your appointment. When you schedule an appointment, we will mail you a questionnaire to fill out and we ask that you complete the questionnaire and bring it with you to your appointment. A copy of the questionnaire is available for downloading from this web site.
We meet with only one party at this appointment. We cannot help both parties in a divorce action. During your appointment you will tell us how you want to divide your property and debts, who will have custody of your children and how other matters have been resolved between you and your spouse.
Appointments for divorces not involving children take approximately one and one-half (1 ½) hours. Appointments for divorces where children are involved take approximately two and one-half (2 ½) hours. Normally, when you leave our office at the end of your appointment, all of the papers will be prepared, we will have given you oral and written instructions and the papers are ready to file with the court and to deliver to your spouse.
If you meet with Utah Legal Clinic staff and discuss terms of your divorce, but decide to not have the documents prepared, you will receive a refund of the fees paid except for $75.00 which represents fees for the consultation.
Child support is set using state established guidelines and a formula. The guidelines and formula usually used are available on this web-site. At your appointment, based upon incomes of the parties, we will calculate the child support amount.
At that appointment, this office will draft all the legal documents necessary for your divorce action. An attorney will review and oversee the preparation of your divorce paperwork. This office will then give you detailed step-by-step written instructions on how to proceed with your own divorce. No court hearing or appearance is required in an uncontested divorce action.
Our office will answer your questions over the phone while you go through the process of doing your own divorce.
For more information regarding Do-It-Yourself Divorces or to schedule an appointment, please call our office between 8:00 a.m. and 5:00 p.m. Monday through Friday at (801) 328-9531.
* * *