What is an uncontested divorce?
An uncontested divorce is one in which both parties agree on the terms of the divorce, or in which there is no opposition to the divorce petition. There are several ways for these uncontested divorces to proceed. One spouse can file a document stating to the court that he/she has received the petition and consents to its terms: in Utah, this is called am Acceptance of Service, Appearance, Consent and Waiver. It allows the other spouse to file the appropriate documents to finalize the divorce based upon the petition. Parties who agree upon the terms of the divorce may also file with the court a settlement agreement, or stipulation. This is more common when one party essentially agrees to all the terms of the petition but may want to add or take away certain parts. If the parties can agree to those changes, they can file the stipulation stating their agreement. Finally, if the party served with the petition for divorce fails to answer the petition within the statutory time frame (21 days if they are in-state, 30 days if out-of-state), the court can enter their default and the divorce can be finalized based upon the petition.