Additional Information for our Do-It-Yourself Divorce

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. You will need to complete the Divorce Interview Sheet before your appointment. You will bring that document in with your for your appointment. Upon request, our office will mail you a copy of the Divorce Interview Sheet for you to complete before your appointment.

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 online. We will calculate the child support amount at your appointment, based upon incomes of the parties. You can use the state’s interactive Child Support Calculator to get an idea about the statutory child support amount for your case before your appointment.

At your 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. Generally, no court hearing or appearance is required in an uncontested divorce action.

A paralegal or attorney from our office will be available to 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 9:00 a.m. and 5:00 p.m. Monday through Friday at (801) 328-9531.