 |  | | | Utah Divorce Form Selection
Before You Select Find Out About:
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ANSWERING A DIVORCE COMPLAINT IN UTAH
- Time Period for Filing Your Answer:
After you complete the answer form, you must file the original with the court and serve a copy on the other parties. To file papers with the court, give them to the clerk at the courthouse. You can also file the papers by mail. If you file by mail, should use registered or certified mail, because you are responsible for non-delivery. The document is not “filed” with the court until the court actually receives the document. The safest alternative is hand-deliver to the court clerk.
- Filing Fee if You Are Asserting a Counterclaim:
If your answer includes a counterclaim, there is a filing fee. Please note that court fees are subject to change. As of August, 2011, the court’s filing fee for filing a counterclaim in a divorce case was $115.00.
- How to Answer a Complaint for Divorce:
Unless you are retaining a lawyer, it is a good idea to use a sample answer form for guidance. Your answer should be concise and direct. Rule 8 of the Utah Rules of Civil Procedure requires that an answer have concise, direct responses to the allegations in the complaint:
RULE 8(b) of the Utah Rules of Civil Procedure:
(b) Defenses; form of denials. A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, he may make his denials as specific denials of designated averments or paragraphs, or he may generally deny all the averments except such designated averments or paragraphs as he expressly admits; but, when he does so intend to controvert all its averments, he may do so by general denial subject to the obligations set forth in Rule 11.
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