Starting a divorce case does not necessarily mean you have to see it through to the end. The marriage remains in place until the judge enters the final decree. Your options change once your spouse files an answer, and the stage of the case also matters. Simple Ending helps couples work through the terms before filing, so they can sort out the important issues before the case starts.
Nothing Is Final Until the Decree Is Signed
A filed petition opens the case. It does not end the marriage. You stay married until the court signs the decree, which cannot happen for at least 30 days after filing. The 30-day minimum means there is some time to reconsider before the divorce becomes final.
Before Your Spouse Responds
When your spouse has not yet filed an answer, you can usually close the case by submitting a Notice of Voluntary Dismissal. You do not need a hearing or the judge’s approval to do it. Unless the dismissal says otherwise, it is without prejudice, so you can file for divorce again later if you change your mind.
After Your Spouse Has Answered
Once your spouse files an answer, you cannot dismiss the divorce with a notice alone. If you both want to dismiss it, you can file a stipulation of dismissal. A counterclaim filed by your spouse can remain active even if your own petition is dismissed.
What If Only One of You Changes Your Mind
Utah grants divorces on no-fault grounds, so one spouse cannot force the other to stay married. If one of you wants to continue and the other wants to stop, the divorce can keep moving forward. Once an answer is on file, one spouse cannot unilaterally end the case. The same applies to a counterclaim. Withdrawing your petition does not remove a divorce claim filed by your spouse.
After the Divorce Is Final
After the judge enters the final decree, simply deciding that you want to remain married will not reverse the divorce. There are limited situations where a court can set the judgment aside under Utah Rule 60, such as certain mistakes or fraud. The rules also set deadlines for asking the court to do that. If you get back together after the divorce is final, you would generally need to marry each other again.
Before You File
If you and your spouse have not settled the terms yet, consider working through those issues before starting the case. When you are ready to file, Simple Ending can prepare your Utah divorce forms for $99. You can settle the terms first, then file when everything is agreed and the paperwork is ready.
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