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The Utah Judiciary is committed to the open, fair, and efficient administration of justice under the law. Find important information on what to do about your case and where to find help on our Alerts and Information Page due to the impact of the COVID-19 outbreak.

El poder judicial de Utah está comprometido a la administración de justicia de una manera abierta, justa y eficiente bajo la ley. En nuestra página Información y alertas encontrará información importante sobre qué hacer en cuanto a su caso y dónde encontrar ayuda debido al impacto del brote de COVID-19.

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Finding Legal Help

You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options. See the Finding Legal Help page for information about free and low cost ways to get legal help. 

Como encontrar ayuda legal

Usted no está obligado a contratar un abogado, pero los asuntos legales pueden ser complicados. Considere la posibilidad de hablar con un abogado para hablar de sus opciones. Para información sobre cómo obtener ayuda legal vea nuestra página Como encontrar ayuda legal.

Motion to Grant Divorce and Decide Other Issues Later (Bifurcate Divorce)

Attention! This page does not have all the forms you need to complete a bifurcated divorce. Contact the Self-Help Center for help with the process.

What is a Motion to Grant Divorce and Decide Other Issues Later?

In some situations the court will grant a divorce but save other issues (such as child custody, child support, property division, and alimony) to be resolved later. This process is called bifurcation. This can allow the parties to remarry sooner, but means it could take longer to resolve other issues.

Either party can ask the court to bifurcate the case by filing a Motion to Grant Divorce and Decide Other Issues Later.

Utah Rule of Civil Procedure 42.

Grounds for bifurcation

In their motion, the party asking the court to grant the divorce and decide other issues later must explain why:

  • granting the divorce and deciding other issues later would be more convenient to the parties,
  • not granting the divorce immediately could result in harm, and
  • deciding other issues later would not harm or "prejudice" the parties.

Will the motion be decided by a judge or commissioner?

Judges may rule on all motions in all types of cases. However, in Judicial Districts 1, 2, 3 and 4, commissioners are assigned to hear most matters in divorce cases. Motions decided by a judge and motions decided by a commissioner follow different procedures.

Motions decided by a judge are governed by URCP 7. A judge will not rule on a motion until the time for filing an opposition to the motion has passed and a Request to Submit for Decision has been filed.

Motions decided by a commissioner are governed by URCP 101.

See the Motions web page for information about the difference in procedures and timelines depending on who is deciding the motion.

If the parties agree about the motion and file a stipulated motion or a stipulation, the motion could be granted without a hearing.

After the motion is decided

If the judge or commissioner denies the motion, the parties can continue through the divorce process.

If the judge or commissioner grants the motion, the moving party must file the following documents for the judge's review and signature:

  • Affidavit of Jurisdiction and Grounds for Divorce
  • Findings of Fact Conclusions of Law
  • Divorce Decree

These forms are not available on this page. Please contact the Self-Help Center for help with this process.

Once the judge signs the divorce decree, the parties are divorced. Even if the judge grants the Order on Motion to Grant Divorce and Decides Other Issues Later, the parties are not divorced until the judge signs the divorce decree.

The parties will still need to resolve the remaining issues in their case through settlement or trial.

Settling the case or going to trial on the remaining issues

If the judge or commissioner grants the motion, the parties can be divorced but must still continue through the court process to resolve any remaining issues (such as child custody, child support, property division, and alimony).

To resolve remaining issues, the parties may need to attend mediation. If the parties are unable to resolve issues related to child custody, either party may request a child custody evaluation.

If the parties are unable to reach an agreement on their own or in mediation, either party can ask the court to schedule a pre-trial conference and proceed to trial.

Forms


Information about filing documents in existing cases by email


Forms for Motions Decided by a Judge

Forms for the Moving Party
Required forms for the moving party
  • Motion to Grant Divorce and Decide Other Issues Later - PDF | Word
  • Request to Submit for Decision- PDF | Word
    (filed after all documents have been filed, or the time has passed for the other party to respond)
  • Order on Motion to Grant Divorce and Decide Other Issues Later - PDF | Word
Optional Forms for the Moving Party
  • Stipulated Motion - PDF | Word
    (if both parties agree to the motion before it is filed)
  • Stipulation- PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Statement Supporting the Motion- PDF | Word
    (if someone other than the moving party has a statement to make)
  • Reply Memorandum Supporting Motion- PDF | Word
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)
  • Objection to Form of Order or Judgment - PDF | Word
    (Used to object to the proposed order)
Forms for the Opposing Party
Required forms for the opposing party
  • Memorandum Opposing Motion- PDF | Word
Optional forms for the opposing party
  • Stipulation- PDF | Word
    (if the opposing party agrees to the motion after it has been filed)
  • Counter Motion- PDF | Word
    (if the opposing party has new arguments to make not presented in the moving party's motion)
  • Notice of Hearing - PDF | Word
    (if a hearing is requested)
  • Request to Submit for Decision- PDF | Word
    (if the other party has not filed this document)
  • Findings of Fact, Conclusions of Law and Order- PDF | Word
    (if the opposing party is directed to complete the order)
  • Objection to Form of Order or Judgment - PDF | Word
    (Used to object to the proposed order)

Forms for Motions Decided by a Commissioner

Forms for the Moving Party
Required forms for the moving party
  • Motion to Grant Divorce and Decide Other Issues Later - PDF | Word
  • Notice of Hearing - PDF | Word
  • Order on Motion to Grant Divorce and Decide Other Issues Later - PDF | Word
Optional forms for the moving party
  • Affidavit with Exhibit(s)- PDF | Word
    (to be used with exhibits, if any)
  • Exhibit Summary- PDF | Word
    (to be used to describe voluminous exhibits, if any)
  • Stipulation- PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Statement Supporting the Motion- PDF | Word
    (if someone other than the moving party has a statement to make)
  • Reply Memorandum Supporting Motion- PDF | Word
    (if the other party has disagreed with the motion and the moving party wishes to respond)
  • Objection to Form of Order or Judgment - PDF | Word
    (Used to object to the proposed order)
Forms for the Opposing Party
Required forms for the opposing party
  • Memorandum Opposing Motion- PDF | Word
Optional forms for the opposing party
  • Counter Motion- PDF | Word
    (if the opposing party has new arguments to make in response to the moving party's motion)
  • Affidavit with Exhibit(s)- PDF | Word
    (to be used with exhibits, if any)
  • Exhibit Summary- PDF | Word
    (to be used to describe voluminous exhibits, if any)
  • Stipulation- PDF | Word
    (if the other party agrees to the motion after it has been filed)
  • Findings of Fact, Conclusions of Law and Order- PDF | Word
    (if the opposing party is directed to complete the order)
  • Objection to Form of Order or Judgment - PDF | Word
    (Used to object to the proposed order)

Related Information

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.


Page Last Modified: 4/1/2020
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