Can You Prevent a Divorce By Not Responding to the Filing?

When you said, “I do,” you expected that promise to last for a lifetime. You never anticipated your spouse serving you with divorce papers, but that is exactly what happened. You wish to remain married, and you do not agree to the end of your marriage.

Many people in Utah find themselves facing imminent divorce and wondering what they can do. You might want to avoid responding to your spouse’s filing or hope that if you try to talk to them directly without taking action regarding the divorce paperwork, they will see the error of their ways.

If you wait too long to respond, however, you will lose your right to have a say in property division, support matters and child custody.

The courts will eventually grant a divorce by default.

Once a spouse has filed divorce paperwork with the Utah family courts, they need to then serve their partner. Once legal service is complete, the countdown starts. After 21 days if both spouses reside in Utah or 30 if the recipient is outside the state, the person who filed initially can ask the courts to grant a judgment by default.

Not only will the courts award your ex the divorce despite your desire to remain married, but they will effectively get to set all of the most important terms without your input. It hurts to realize that your spouse is ready to walk away from your marriage, but you can’t let your emotional reaction provide you from protecting yourself legally and financially. Learning the basic rules about Utah divorces will help you navigate the complicated process of marital dissolution.