By: RCG Law Group June 30, 2025

Can I File for Divorce Without My Spouse’s Consent?

Utah Is a “No-Fault” Divorce State

In Utah, you don’t need your spouse’s permission or a reason like adultery or abuse to file for divorce. The state recognizes “no-fault” divorce, which means you can end your marriage simply by claiming the relationship can’t be repaired any longer. Utah’s main legal ground for officially ending a marriage is “irreconcilable differences.” This means that you and your partner cannot get along, and there’s no hope of fixing things, not necessarily that either person caused the breakdown.

Can You Divorce Without The Other Person Signing Divorce Papers in Utah?

Facing an uncooperative partner who refuses to sign or cooperate with divorce papers can be frustrating, but in Utah, it does not mean the process can’t move forward. State law allows for a “default divorce” if the other party ignores the proceedings. Here’s how it works:

Serving Papers

The party filing for official separation (the petitioner) must ensure that the petition and a summons are officially delivered to the other party (the respondent). This “service of process” must follow specific procedures the court sets, and proper service is essential to keep the case moving forward.

Response From Your Spouse

The respondent has a limited time to reply: 21 days if they were served papers inside Utah or 30 days if they were served outside the state. During this period, your spouse can file an answer, raise objections, or submit other formal court paperwork if they choose to contest the divorce.

What If There Is No Response?

If the deadline passes without any reply, you’re not stuck. You can formally request a default judgment from the court. This means you ask the court to proceed with your divorce based only on the details in your petition, even though your spouse hasn’t agreed or signed anything.

Default Hearing and Final Decision

Once you request a default judgment, the court will usually schedule a hearing. The judge will review all your paperwork, including your proposals for dividing assets, setting support, and deciding custody (if there are children). Your partner will be notified of this hearing if their location is known, but their presence is not required for the court to decide.

After considering your requests, the judge can approve your divorce and finalize the orders as long as they meet Utah’s requirements for fairness and legality. If the court thinks issues need more discussion, a contested hearing may be set.

Even if the other party drags their feet, refuses to answer, or disputes every part of the legal process in court, they can’t actually stop the separation from going forward. Their refusal may make the process a bit more drawn-out or complicated – with added hearings or more paperwork – but once you file the proper documents with the court, only you can choose to pause or withdraw the case.

Challenges You May Face When the Other Party Is Uncooperative

If your spouse refuses to cooperate with your divorce in Utah, you may encounter more obstacles and delays than in a situation where both sides work together. Knowing what to expect and how to protect yourself when navigating a complicated split is essential.

Difficulty Gathering Financial Information

A spouse who doesn’t want to participate may be slow to hand over bank statements, tax returns, or other financial records. This makes it harder to fairly divide marital assets and can slow down the division of debts and assets.

Custody Disagreements

When kids are involved, an uncooperative partner might refuse to discuss or compromise on child custody or parenting schedules. This can result in longer court battles and more stressful negotiations rather than quickly agreeing on co-parenting solutions.

Emotional or Logistical Delays

Refusal to participate constantly drags out paperwork, court hearings, and decisions. The stress and emotional rollercoaster can slow your healing process, and organizing your documents or gathering evidence becomes a bigger challenge without a willing partner.

Contact RCG Law Group To Schedule a Free Consultation

With a non-cooperative spouse, the court process quickly gets technical and time-consuming. An attorney ensures deadlines are met, evidence requirements are fulfilled, and your case remains on track, no matter what obstacles the other party creates. Don’t struggle through a difficult separation alone.

Call RCG Law Group at (801) 893-2887 to schedule your free consultation. With over 50 years of combined legal experience and a record of assisting over 3,000 clients in Utah, we understand how to overcome obstacles and get results.

Schedule Your Free Consultation

What happens if my spouse ignores all paperwork and won’t respond?

If your spouse does not respond after being properly served with papers, you can request a default judgment from the court. The judge may grant you the divorce based on the details in your petition and proposed settlement, assuming they meet Utah’s fairness standards.

Can the court still make decisions on property, custody, or support without my spouse’s participation?

Yes, the judge can rule on all aspects of your case – including division of assets, child custody, and financial support – even if your spouse chooses not to participate. The court will consider your proposed settlement and make sure any orders are fair and lawful before finalizing the process.

Will the judge automatically give me everything I ask for if my spouse doesn’t respond?

Not necessarily. While you may request what you want in your divorce petition, the judge will still review your requests for fairness and legal compliance, especially concerning children and property division, before making a final ruling.