A party in a divorce case may apply for entry of a decree without a hearing in cases in which the other party fails to make a timely appearance after service of process or other appropriate notice, waives notice, stipulates to the withdrawal of the answer, or stipulates to the entry of the decree or entry of default. An affidavit in support of the decree must accompany the application. The affidavit must contain evidence sufficient to support necessary findings of fact and a final judgment.
Rule 104.Divorce decree upon affidavit
Part XII: Family Law · Last amended November 1, 2021 · Last verified July 13, 2026
In one sentenceRule 104 lets a party finish an uncontested divorce case by affidavit instead of a hearing when the other side has defaulted, waived notice, or agreed to entry of the decree.
Full Text of Rule 104
Amendment History
Added effective November 1, 2003; amended effective November 1, 2021.
Plain-English Summary
Not every divorce needs a courtroom hearing to wrap up. Rule 104 lets a party ask for entry of a decree on the papers alone in situations where the case is effectively uncontested: the other party never made a timely appearance after being served, waived notice, stipulated to withdrawing their answer, or agreed to entry of the decree or of default. Instead of appearing before a judge, the moving party submits an application supported by an affidavit.
That affidavit does the work a hearing would otherwise do. It has to contain evidence sufficient to support the findings of fact the court needs to make and to support entry of a final judgment — meaning it can't just recite conclusions; it has to lay out the facts that justify the decree the party is asking the court to enter.
Frequently Asked Questions
When can a divorce decree be entered without a hearing?
When the other party fails to make a timely appearance after being served or given other appropriate notice, waives notice, stipulates to withdrawing their answer, or stipulates to entry of the decree or of default.
What has to be in the supporting affidavit?
The affidavit must contain evidence sufficient to support the findings of fact and the final judgment the party is asking the court to enter — it needs to establish the factual basis for the decree, not just assert that entry is appropriate.
Does the other spouse have to agree for Rule 104 to apply?
Not necessarily. Rule 104 also covers cases where the other party fails to appear after proper service or notice, not only cases built on an affirmative stipulation.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
Also known as: divorce by affidavituncontested divorce without a hearingdefault divorce decree utahentry of divorce decree on affidavit