Default Divorce Utah

A default divorce in Utah occurs when the respondent fails to file an Answer within 21 days of being served with divorce papers. Under Utah Rule of Civil Procedure 55, the petitioner may request a default judgment from the court. The court can grant the divorce without the respondent’s participation, but the petitioner must still provide evidence supporting the requested orders.

Last updated: July 2026

A default divorce in Utah is a divorce that proceeds without the respondent’s active participation. When the respondent is properly served with the Petition for Divorce and Summons but fails to file a written Answer within 21 days, the petitioner may ask the court to enter a default judgment. The court can then grant the divorce and make orders on property division, alimony, custody, and support based on the petitioner’s evidence alone.

Default divorces are common in Utah, particularly when the respondent has moved, cannot be located, or chooses not to participate in the legal process. While a default divorce is generally faster and less expensive than a contested divorce, the petitioner must still comply with all procedural requirements and provide sufficient evidence to support the orders requested. The court does not automatically grant everything the petitioner asks for simply because the respondent did not appear.

“When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party’s default.”

Utah Rule of Civil Procedure 55(a)

What are the requirements for a default divorce in Utah?

To obtain a default divorce in Utah, the petitioner must first properly serve the respondent with the Petition for Divorce and Summons. Service must comply with the Utah Rules of Civil Procedure. After service, the petitioner must wait at least 21 days (30 days if the respondent was served outside Utah) for the respondent to file an Answer. If no Answer is filed, the petitioner must file an Affidavit of Default and a Motion for Default Judgment with the court.

The petitioner must also file an Affidavit of Military Service to confirm that the respondent is not on active duty in the military. If the respondent is on active duty, the Servicemembers Civil Relief Act requires the court to appoint an attorney to represent the service member’s interests before entering a default judgment. The court must also find that the petitioner has proven their case by a preponderance of the evidence on all issues.

How do you serve divorce papers for a default in Utah?

Proper service is essential for a valid default judgment. The respondent must be served in a manner that satisfies the Utah Rules of Civil Procedure. Personal service is preferred. A sheriff’s deputy, licensed private process server, or any person over 18 who is not a party to the case can personally deliver the documents to the respondent. Personal service provides the clearest proof that the respondent received notice of the lawsuit.

If the respondent cannot be personally served despite diligent efforts, the petitioner may ask the court for permission to serve by alternative means. The most common alternative is service by publication, where a notice of the lawsuit is published in a newspaper for a specified period. Service by publication is less reliable than personal service and requires court approval. The petitioner must demonstrate to the court that they made reasonable efforts to locate the respondent before alternative service is permitted.

What forms are needed for a default judgment in a Utah divorce?

To obtain a default judgment in a Utah divorce, you need the following forms in addition to the standard divorce forms: an Affidavit of Default, which states that the respondent failed to file an Answer within the required time; a Motion for Default Judgment, which asks the court to enter judgment based on the respondent’s default; an Affidavit of Military Service, which confirms the respondent is not on active military duty or, if they are, states their military status; and a proposed Decree of Divorce, which contains the orders you are asking the court to enter.

The court will review all these documents to ensure that the petitioner has properly served the respondent, that the default is properly entered, and that the proposed decree is consistent with Utah law. If children are involved, the court will scrutinize the custody and support provisions carefully. The court may hold a brief hearing to question the petitioner about the proposed orders even in a default case.

Can a default judgment be set aside in Utah?

Yes. A default judgment can be set aside under Utah Rule of Civil Procedure 55(c) if the respondent can show good cause for failing to answer and a meritorious defense to the claims. Good cause may include mistake, inadvertence, excusable neglect, or lack of proper service. The motion to set aside must be filed within a reasonable time, and in no event more than three months after the judgment was entered under Utah Rule of Civil Procedure 60(b).

Courts in Utah are generally sympathetic to motions to set aside default judgments in divorce cases, particularly when the default resulted from lack of proper service, the respondent did not understand the legal papers, or the default decree contains terms that are unfair or contrary to law. If the default judgment is set aside, the case proceeds as a contested divorce, and both parties have the opportunity to present evidence and argue their positions.

What does the court consider in a default divorce in Utah?

Even in a default divorce, the court must ensure that the proposed orders are supported by evidence and consistent with Utah law. The court will review the petitioner’s Financial Declaration and any other evidence submitted. For property division, the court must find that the proposed division is equitable. For alimony, the court must consider the statutory factors under Utah Code Section 30-3-5.

If children are involved, the court must find that the custody and parent-time orders serve the children’s best interest and that the child support amount meets the guideline requirements. The court cannot simply accept the petitioner’s proposals at face value. The court has an independent duty to protect the interests of any minor children and to ensure that the decree complies with Utah law. This means a default divorce still requires careful preparation and presentation of evidence.

What are the advantages and disadvantages of a default divorce in Utah?

The advantages of a default divorce include speed and cost. Because the respondent does not participate, there is no discovery, no mediation, and no trial. The case can proceed directly to a default judgment hearing, which is typically brief. The financial cost is significantly lower than a contested divorce because there are no attorney fees for responding to motions, attending depositions, or preparing for trial. A default divorce can be finalized in 45 to 75 days in many cases.

The disadvantages include potential future complications. If the default judgment is later set aside, the case becomes contested, and all the expense saved may be incurred later. Additionally, if the default decree does not adequately address all legal issues, the petitioner may face difficulties enforcing the decree or may need to return to court for modifications. Default divorces also carry the risk that the court will not agree with all of the petitioner’s proposed terms, particularly where children are involved.

When should you consider a default divorce in Utah?

A default divorce is appropriate when the respondent has been properly served, has not filed an Answer, and does not intend to participate in the case. It is also appropriate when the respondent cannot be located despite diligent search efforts, or when the respondent has expressed an intent not to contest the divorce but is unwilling or unable to sign a stipulated agreement. In these situations, a default divorce allows the petitioner to finalize the divorce and obtain court orders without the respondent’s cooperation.

However, if the respondent might file a belated Answer or might later seek to set aside the default judgment, a stipulated uncontested divorce is preferable if you can obtain the respondent’s agreement. A stipulated decree signed by both parties is much harder to challenge later than a default decree obtained without the respondent’s participation. Consulting with an experienced Utah divorce attorney can help you evaluate whether a default divorce is the right strategy for your situation.

Is a default divorce the right path for your Utah case?

A default divorce can be an efficient and cost-effective way to finalize a divorce when the respondent does not participate. However, it requires careful attention to procedural requirements and evidentiary standards. If you are considering a default divorce, ensure that service is proper, that you have complete financial documentation, and that your proposed decree addresses all legal issues comprehensively. Consulting with an experienced Utah divorce attorney can help you navigate the default process and avoid pitfalls that could lead to the judgment being challenged later.

About the Author: Stephen Honig is a legal content strategist who writes about Utah family law, divorce, and related legal topics. His work helps individuals understand their rights and options under Utah law.

This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah family law attorney for advice specific to your situation.