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Uncooperative

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 21 days — 30 days if they were served outside Utah — the court can grant your divorce without their signature.

divvi doesn't prepare the papers for this one. A default divorce turns on service of process and a default judgment, and that is the one Utah divorce path we don't handle. We'll explain how it works and point you to a Utah attorney who does. If your spouse is simply refusing to sign — but you can still reach them — that is a different situation, and divvi does handle it.

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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 or your spouse lived in the Utah county where you'd file 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. This is the one Utah divorce path that needs no signature from them — and the one divvi does not prepare the papers for.
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 if my spouse won't sign the divorce papers in Utah?

You do not need your spouse's signature to get divorced in Utah. Which path you take depends on what they are refusing to sign. If they won't sign the Acceptance of Service — the document a cooperative spouse signs to acknowledge they received the papers — that is their right: Utah R. Civ. P. 4(d) makes accepting service voluntary, and a refusal simply means you have them formally served by a process server or sheriff instead. If they are served and then ignore it, the clock does the work: they have 21 days to answer when served in Utah, 30 days when served outside it, and once that passes you can ask the court to enter a default and grant the divorce on your petition alone. If they do answer but won't agree to your terms, that is a contested case rather than a default, and under Utah Code § 81-4-403 the case goes to mediation before a judge will hear the remaining issues.

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.

Not sure which of these you're in?

A spouse who won't sign the Acceptance of Service and a spouse who ignores the papers entirely lead to two different processes — and divvi handles the first one. Fifteen minutes on the phone, free, and you'll know which you're looking at.

Book a free 15-minute call →
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