Utah Findings of Fact Form

Findings of Fact.doc This form must be completed and filed with the clerk to make sure that the residency requirements are fulfilled along with other Utah divorce procedures.

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Name:Address:Phone:

 

IN THE                  JUDICIAL DISTRICT COURT

OF                                COUNTY, STATE OF UTAH

 

,Petitioner, 

vs.

 

 

,

Respondent.

********

 

FINDINGS OF FACT AND CONCLUSIONS OF LAW

       Case No.

 

Commissioner:      _________

Judge:

 

 

The above-entitled matter came on before the court on Petitioner’s Affidavit of Jurisdiction and Grounds for Divorce in accordance with Rule 104, Utah Rules of Civil Procedure. More than ninety days has passed since this matter was filed with the Court, or the court has waived the 90 day waiting period. The Court has reviewed the file in this matter and has determined that based upon the documents provided, Respondent has been properly served with a copy of the Petition and the court has jurisdiction to enter a final Decree of Divorce. The Court having considered the affidavit of the Petitioner and being otherwise fully advised, enters its:

FINDINGS OF FACT

  1. The Petitioner and/or the Respondent are bona fide residents of                       County, State of Utah and have been for at least three months immediately prior to the filing of this action.
  2. The Petitioner and the Respondent were married on        in               , Utah,

County of              and are presently married. The parties separated on or about                 .

  1. During the course of the marriage the parties have experienced difficulties that cannot be reconciled that have prevented the parties from pursuing a viable marriage relationship.
  2. The Court finds that an equitable distribution of the remaining assets and liabilities of the parties has been made. Specifically, the Parties have entered into a Separation and Property Settlement agreement, the Original of which is attached hereto as Exhibit “A”.  The Court finds that the agreement is not unconscionable and sufficiently disposes of all property, debt and other marital issues between the parties and is approved.
  3. It is fair and equitable that neither party should be awarded alimony from the other.
  4. The parties have not acquired any interest in any retirement program (including military retirement), nor have they acquired any interest in any pension or profit sharing plan during the course of the marriage.
  5. There are no minor children born of this marriage.
  6. It is fair and equitable that both parties be ordered to sign and fully execute whatever documents are necessary for the implementation of the provisions of this divorce decree. Should a party fail to execute a document within 60 days of the entry of this divorce decree, the other party may bring an Order to Show Cause at the expense of the disobedient party and seek that the Court appoint some other person to execute the document pursuant to Rule 70 of the Utah Rules of Civil Procedure. Any document executed pursuant to Rule 70 has the same effect as if executed by the disobedient party.
  7. Prior to any Petition being filed to change any provision of the final Decree of Divorce, the parties must attempt to resolve the issue through mediation.
  8. Respondent should be restored the use of the former name of      ___________.

 

From the foregoing Findings of Fact, the Court now makes and enters its:

 

CONCLUSIONS OF LAW

The Court concludes that the parties are subject to the jurisdiction of the Court as set out above under the Court’s Findings of Fact, and that the Petitioner is entitled to a Decree of Divorce, the same to become final upon entry herein.

The Court concludes that all other issues of dispute have been resolved by the Court pursuant to the above Findings of Fact.

 

DATED this             day of                             ,

 

 

BY THE COURT

 

______________________________

DISTRICT COURT JUDGE

 

 

 

CERTIFICATE OF MAILING/DELIVERY

         On this          day of                                      ,      , a true and correct copy of the foregoing Findings of Fact and Conclusions of Law was mailed, postage prepaid or delivered to the Respondent at:          ,                  .

____________________________

                                                                                                                 Petitioner Signature