Default Divorce
Your spouse won't respond.
The process doesn't stop.
When a spouse refuses to participate in a divorce, Utah law gives you a path forward: a default divorce. You file, you serve them, and if they don't respond within the legal deadline, the court can grant your divorce without them.
Start my petition →Quick qualifier
Do you qualify for a default divorce?
Has your spouse been served or made aware of the divorce?
Has your spouse failed to respond within 21 days of being served?
Have you been married in Utah or lived in Utah for at least 90 days?
How it works
The default divorce process in Utah
01
File your divorce petition
You file without your spouse's participation. divvi prepares the petition and supporting documents.
02
Serve your spouse
Your spouse must be formally served by a process server or law enforcement — not by you directly.
03
Wait the response period
In Utah, your spouse has 21 days to respond if served in Utah, or 30 days if served outside the state.
04
Request default judgment
If your spouse doesn't respond, you file for default. The court can grant your divorce based on your petition alone.
05
Final decree issued
A judge reviews and, if satisfied, signs your decree. No court appearance is typically required in uncontested defaults.
Questions
What is a default divorce?
A default divorce occurs when your spouse is served with divorce papers but fails to respond within the legal deadline. Utah courts can grant the divorce based solely on your petition — your spouse doesn't need to participate.
What if I can't find my spouse to serve them?
You can petition the court for alternative service — typically service by publication in a newspaper. This requires showing the court that you made a good-faith effort to locate your spouse.
Can my spouse contest the default after the fact?
In Utah, a spouse can petition to set aside a default judgment, but they must show good cause — typically that they weren't properly served or had a legitimate reason for not responding. Courts take this seriously.
What does the court decide if my spouse doesn't respond?
The court will largely rely on what you request in your petition. For children and property, the judge still applies Utah law and acts in the best interest of any minor children — but your proposed terms carry significant weight.
How is this different from a contested divorce?
In a contested divorce, both parties participate and dispute specific issues. In a default divorce, your spouse has been notified but hasn't engaged. The outcome is determined by the court based on your petition rather than negotiated between parties.
Ready to move forward?
divvi prepares your petition, guides you through service, and helps you request a default judgment — all from your phone.
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