By: RCG Law Group November 20, 2025

What Happens If My Spouse Doesn’t Respond to the Divorce Papers?

Key Takeaways: Spouse Not Responding to Divorce Papers in UT

Utah law allows a default divorce if a spouse doesn’t respond within the required time.
The court can still divide property, address custody, and finalize the divorce without the other spouse’s input.
Proper service of the papers and following court procedures are essential to avoid delays.

What Does It Mean When Your Spouse Doesn’t Respond?

When a spouse doesn’t file an answer or appear in court after being served, it means they’re not taking part in the case. In Utah, that inaction doesn’t stop the process from moving forward. The court may grant a divorce through what’s called a default judgment. Before that happens, several legal steps must be met to ensure fairness.

The 21-Day Response Period in Utah

A spouse who’s served divorce papers in Utah has 21 days to file a response if they live in the state. If they live outside Utah, they have 30 days. Failing to respond in that period opens the door for the other spouse to ask for a default divorce.

What Constitutes a Proper Response?

A proper response must be filed with the court and served to the other party. It should address each issue in the divorce petition, such as property division, custody, or support. If the response isn’t filed on time or correctly, the court can move forward without that spouse’s input.

Common Reasons for Non-Response

Spouses sometimes ignore divorce papers out of denial, misunderstanding, or emotional difficulty. Others may believe ignoring the papers will prevent the divorce. In some cases, a spouse may have moved without leaving a forwarding address. Regardless of the reason, the legal system provides a way to continue the case.

Can I Still Get a Divorce If My Spouse Doesn’t Respond?

Yes, you can still get divorced even if your spouse refuses to participate. Utah’s family courts allow the process to continue through default judgment as long as all legal steps have been followed correctly.

Utah’s Default Divorce Process

When a spouse doesn’t respond, the court treats the case as uncontested. This means the petitioner’s requests for things like property division, custody, and support may be granted if they comply with state law. The judge reviews the documents to ensure fairness before finalizing the divorce.

Requirements Before Filing for Default

Before asking for a default, the petitioner must prove that:

The spouse was properly served with the divorce papers.
The response period has expired.
The spouse hasn’t filed an answer or appeared in the case.

How Default Protects Your Rights

A default judgment ensures the divorce can move forward rather than stall indefinitely. It allows one party to finalize the process and receive court orders that are legally enforceable, such as child custody arrangements or division of marital property.

What Is the Default Divorce Process in Utah?

A default divorce follows a step-by-step process designed to confirm that both parties had the chance to participate, even if one chose not to.

Step 1: Ensuring Proper Service of Process

Service means officially delivering the divorce papers to your spouse. This can be done by a sheriff, a private process server, or through certified mail in some cases. Proof of service must be filed with the court to show that your spouse received the papers.

Step 2: Waiting for the Response Deadline

After service, the waiting period begins. The responding spouse has 21 or 30 days, depending on their location. If no response is filed, the petitioner can move forward.

Step 3: Filing a Motion for Default

Once the deadline passes, the petitioner files a Motion for Default Judgment. This motion asks the court to enter a judgment based on the petition’s terms. Supporting documents, such as financial statements or proposed parenting plans, may also be required.

Step 4: The Default Hearing

In some cases, the judge schedules a brief hearing to confirm details about property, children, or support. The petitioner may need to testify to verify information in the divorce petition. If everything checks out, the court moves to the final step.

Step 5: Entry of the Divorce Decree

The final divorce decree makes the separation official. It outlines property division, custody arrangements, and any support obligations. Once signed by the judge, both parties are legally divorced, even if one never participated.

What Happens to Property and Custody in a Default Divorce?

Even when one spouse doesn’t respond, the court must ensure the final judgment is fair and complies with Utah law.

Division of Assets and Debts

The judge reviews the petitioner’s proposed division of property and debts. Utah follows the principle of equitable distribution, meaning assets are divided fairly, though not always equally. The court may require proof of values and ownership.

Child Custody and Support Determinations

If children are involved, the court must review parenting plans and child support calculations to ensure they meet state guidelines. The judge’s focus remains on the child’s best interests.

Spousal Support Considerations

A spouse may request alimony if justified by financial need, length of marriage, and earning ability. The court reviews these factors even if the other spouse isn’t present to contest them.

Frequently Asked Questions About Spouses Not Responding to Divorce Papers

What if my spouse was served but claims they never received the papers?

The court relies on proof of service, such as a signed delivery receipt or a sworn affidavit from the process server. If service was completed correctly, the spouse’s claim usually won’t delay the case.

Can my spouse reopen the case after a default judgment?

A spouse can ask the court to set aside the default, but they must show a valid reason, such as a serious procedural error or lack of notice. Courts rarely grant these motions without strong evidence.

What if I can’t locate my spouse to serve them?

If you can’t find your spouse, the court may allow service by publication, which means publishing a notice in a local newspaper. This step requires court approval and detailed documentation of your search efforts.

Contact Our Divorce Attorneys in Utah Now

A spouse’s refusal to respond shouldn’t stop you from moving forward with your life. Our team at RCG Law Group has the experience and commitment to help you through the default divorce process and protect your rights. Contact us today to schedule your confidential consultation.

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