Dramatic split-image illustration showing mediation on one side and heated courtroom litigation on the other, titled “Initial 21 Days After Being Served,” highlighting what to expect in a Utah divorce, custody, and child support case.

The First 21 Days After Being Served in Utah: What to Do in a Divorce, Custody, or Child Support Case

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The First 21 Days After Being Served

If you’ve just been served with a Utah Petition for Divorce (or a custody/support case), the clock starts immediately. The first 21 days are where most people either (1) protect themselves and stabilize the case, or (2) accidentally create problems that are expensive to unwind later. Below is a practical, Utah-specific roadmap for what typically happens next, what you must file, and what you must exchange.

WHAT “SERVED” MEANS AND WHY THE 21-DAY WINDOW MATTERS

Service is the formal delivery of court papers (summons + petition/complaint and related documents). In Utah domestic relations actions, you generally have 21 days to serve and file your Answer after service is complete within Utah (30 days if served outside Utah). See Utah Rule of Civil Procedure 12.  Utah Courts’ self-help summary of this deadline is here as well.

If you miss the deadline, the other side may pursue default procedures, which can drastically limit your ability to influence custody, parent-time, support, alimony, and property/debt outcomes.

DAY 1: THE AUTOMATIC DOMESTIC RELATIONS INJUNCTION (READ THIS FIRST)

Most people don’t realize that Utah imposes immediate “automatic orders” in divorce and many family cases. Utah Rule of Civil Procedure 109 provides that the court enters an injunction when the initial petition is filed, and it applies to the parties as provided in the rule. Utah Courts explains the Domestic Relations Injunction (DRI) as automatic orders designed to prevent sudden changes while the case is pending.

Practically, the DRI is meant to preserve stability: insurance, finances, children’s routines, and property are not supposed to be manipulated to gain leverage. Violating the injunction can create real consequences (including sanctions and adverse credibility findings), so treat it as an “immediate compliance” document, not background noise.

Common early mistakes that create avoidable litigation:

  • Emptying accounts or running up credit “because I’m scared.”
  • Canceling or changing insurance.
  • Moving children’s schools/daycare without agreement or court input.
  • Hiding the ball on financial documents.

Within the first 48 hours after being served, you should read the injunction closely and stop any “reactive” financial or parenting moves that could be characterized as self-help.

DAYS 1–7: TRIAGE — STABILIZE, DOCUMENT, AND PLAN FOR TEMPORARY ORDERS

Utah divorce and custody cases rarely resolve inside 21 days, so you should assume there will be a temporary phase. Temporary Orders are where schedules, child support, occupancy of the home, and interim financial rules get set until final resolution. Utah Courts provides a solid overview of temporary orders and why they matter.

Early triage typically includes:

  1. Parenting schedule reality check. If children are involved, write down the actual status quo (over the last 3–6 months): overnights, school pickup/drop-off patterns, extracurriculars, medical routines, and who pays what.
  2. Financial snapshot. Gather recent paystubs, tax returns, bank statements, retirement account statements, mortgage statements, and debt statements. You will need them quickly for disclosures (more below).
  3. Communication discipline. Assume every text/email could become an exhibit. Keep communications brief, civil, and parent-focused.

DAYS 7–21: YOUR ANSWER (AND POSSIBLE COUNTER-PETITION)

Your core filing in the first 21 days is the Answer (if served in Utah, or 30 days if outside of Utay). In plain English: you admit what’s true, deny what’s not, and state what relief you want the court to order. The time to answer is governed by Utah Rule of Civil Procedure 12, including the 21-day deadline for domestic relations actions served in Utah.

In many cases, the Answer is filed with a Counter-Petition (also called a counterclaim/counterpetition). That is how the responding party affirmatively asks for specific relief (custody/parent-time terms, child support, alimony, property division, attorney fees, etc.) rather than only reacting to the petition.

A common strategic point: if you only “deny” and never plead what you want, you can spend the rest of the case fighting uphill to put your requests back on the table.

INITIAL DISCLOSURES: RULE 26 AND DOMESTIC RELATIONS RULE 26.1

Utah requires early transparency. Discovery is not supposed to start with ambush; it starts with mandatory exchange.

Rule 26 is the statewide framework for disclosures and discovery.  In domestic relations cases, Rule 26.1 adds specific, family-law disclosure requirements on top of Rule 26.

The key timing rule most people miss: in domestic relations actions, the disclosures required by Rule 26 and Rule 26.1 must be served within 14 days after the first Answer is filed.

THE FINANCIAL DECLARATION IS NOT OPTIONAL

Rule 26.1 requires each party to serve a fully completed Financial Declaration using the court-approved form, with required attachments. If you understate income, omit accounts, or “estimate” expenses without support, it tends to backfire—because temporary support, attorney-fee issues, and credibility all get litigated early.

Practically, you should assume you will need:

  • Proof of income (paystubs, self-employment profit/loss, 1099s, etc.)
  • Tax returns (often multiple years, depending on the issue)
  • Bank and credit card statements
  • Retirement/pension statements
  • Mortgage/rent documents and major monthly bills

If your case involves a business, cash income, or complex benefits, it’s even more important to get the declaration right the first time.

MANDATORY PARENTING EDUCATION WHEN CUSTODY IS AT ISSUE

Utah requires a mandatory parenting course in certain cases (Divorce and Custody and Support cases.)that determine child custody and parent-time. Utah Code § 81-9-103 directs the Judicial Council to implement mandatory parenting courses for married parties in a divorce action determining issues of child custody and parent-time, and for unmarried parties in a parentage action determining issues of child custody and parent-time.

If you are in a divorce action with minor children, Utah’s divorce statute also addresses mandatory courses and includes deadlines tied to the filing date of the petition (including the orientation course and parenting course requirements). See Utah Code § 81-4-402.

There is also a mandatory divorce orientation course in Utah divorce/temporary separation actions under Utah Code § 81-4-105, and the statute expressly contemplates that the orientation course may be provided in conjunction with the mandatory parenting course required by § 81-9-103. Utah Courts provides a practical page summarizing which classes apply by case type.

Bottom line: if your petition involves custody of children, expect court-ordered education requirements early, and don’t ignore those notices—noncompliance can slow your case or complicate settlement and finalization.

WHAT YOU SHOULD ACCOMPLISH BY DAY 21

By the time you hit day 21 (your Answer deadline), you should be able to say:

  1. I read and am complying with the Domestic Relations Injunction (Rule 109).
  2. I have a draft Answer (and Counter-Petition if appropriate) ready to file under Rule 12’s deadline.
  3. I am preparing initial disclosures under Rule 26 and Rule 26.1, including a complete Financial Declaration with attachments, served on time (generally within 14 days after the first Answer is filed).
  4. If children are involved, I have a plan to complete the required parenting course (and, in divorce cases, the orientation course) within the statutory timelines.
  5. I have not created self-inflicted problems (account raids, inflammatory messages, unilateral schedule changes) that will show up in a temporary orders hearing.

NOTE: This article is general information, not legal advice for your specific case.

LOCAL REPRESENTATION IN UTAH COUNTY AND SOUTHWEST SALT LAKE COUNTY

If you’re looking for a divorce lawyer or custody and support attorney near Saratoga Springs, Eagle Mountain, Lehi, Bluffdale, Riverton, Herriman, Draper, Highland, Alpine, Cedar Hills, Pleasant Grove, American Fork, Lindon, Provo, or surrounding communities and counties, the early deadlines and disclosures are the same statewide—but local practice (commissioner scheduling, temporary order strategy, and documentation expectations) can feel very different case to case.

This is also where alternative dispute resolution can save you money fast. (Mediation in divorce and custody cases.)Utah’s orientation course statute explicitly discusses mediation, collaborative law, and litigation as options, and most judges expect parties to use dispute-resolution tools appropriately.

Family Law Practice Areas: Divorce | Custody & Support (includes Parentage/Paternity) | Alimony | Child Support | Property & Debts | Enforcement | Decree Modifications | Divorce Mediation | Mediation | Personal Injury | Estate Planning | Business Law