Contesting a Divorce Petition After Being Served

Attorney Answer

You contest a Utah divorce by filing a written Answer with the court within your deadline — silence or delay risks a default judgment against you.

Once you're served with a divorce petition, the clock starts running. Under Utah R. Civ. P. 12(a), you generally have 21 days to file and serve your Answer if you were served within Utah, or 30 days if you were served outside the state — unless a statute or court order sets a different deadline for your situation. Your Answer responds to each claim in the petition, stating whether you agree or disagree, and it's also where you'd raise any counterclaims, like your own requests regarding custody, support, or property division.

If you don't file an Answer in time, your husband can ask the court to enter a default judgment, meaning the court can grant much of what he asked for in his petition without your input. Once a default judgment is entered, undoing it is possible but harder — you generally have to show good cause and a valid defense, which is far more work than just answering on time.

Contesting the divorce doesn't mean you're fighting to stay married if that's not your goal — it means you get a voice in how the divorce terms are decided, including custody, support, and property division, rather than accepting whatever was requested in his petition.

Time limits: Your deadline to answer depends on exactly how and where you were served, and missing it can mean losing your chance to be heard before terms are decided. Don't estimate this yourself — confirm your specific deadline and get a Utah attorney to review your situation now, before that window closes.

What you can do

1. Confirm the exact date you were served and how (in person, by mail, or another method), since that determines your response deadline. 2. Read the entire petition carefully and note every claim you agree with, disagree with, or need more information about. 3. Draft and file your Answer, addressing each numbered claim in the petition and including any counterclaims you want the court to consider. 4. Serve a copy of your Answer on your husband or his attorney, and keep proof that you did. 5. Talk to a Utah divorce attorney immediately, especially if your deadline is close or has already passed — options may still exist even after a missed deadline.