Divorce is a complex and emotional process, but understanding the legal steps involved can help reduce stress and confusion. In Utah, the divorce process involves several stages, from filing initial how to get a divorce in utah to finalizing the decree. Whether you’re pursuing an uncontested divorce (where both spouses agree on all terms) or a contested one (where disputes need to be resolved), knowing the legal framework is essential. This guide outlines the necessary steps to get a divorce in Utah, eligibility requirements, and tips for navigating the system more effectively.
1. Understanding Divorce Requirements in Utah
Before initiating a divorce in Utah, you must meet specific eligibility criteria:
Residency Requirement:
At least one spouse must have been a resident of the state—and the county where the divorce is filed—for at least three months before filing. In cases involving children, the child custody jurisdiction rules under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) also apply. The children must generally have resided in Utah for six months before Utah courts will have jurisdiction over custody matters.
Grounds for Divorce:
Utah allows for both "no-fault" and "fault-based" divorces. The most common no-fault ground is "irreconcilable differences." Fault-based grounds include adultery, willful neglect, substance abuse, felony conviction, and cruelty, among others.
2. Decide on Contested vs. Uncontested Divorce
A contested divorce occurs when spouses disagree on key issues like child custody, alimony, or property division. These cases often require mediation, court hearings, and possibly a trial.
An uncontested divorce happens when both parties agree on all divorce-related issues. This is faster, less expensive, and typically less stressful. In Utah, couples can file a "stipulation" indicating agreement on all terms, expediting the process.
3. Filing for Divorce in Utah
To begin the divorce process, you must file the appropriate documents with the district court in the county where either you or your spouse resides.
Step 1: Complete Required Forms
The primary form is the Petition for Divorce. Additional documents may include:
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Civil Coversheet
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Summons
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Parenting Plan (if minor children are involved)
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Financial Declaration
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Child Support Worksheet
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Affidavit of Military Service
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Vital Statistics Form
You can obtain these forms from the Utah Courts website or at the courthouse.
Step 2: Pay the Filing Fee
As of 2025, the filing fee for a divorce in Utah is approximately $325. If you cannot afford the fee, you can request a fee waiver by filing a Motion to Waive Fees.
4. Serving Divorce Papers
Once filed, you must legally notify your spouse of the divorce action through a process called “service of process.” This ensures your spouse has the opportunity to respond.
Acceptable Service Methods:
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Personal service by a sheriff or private process server
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Service by mail with acknowledgment of receipt
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Publication (used if the spouse cannot be located)
After service, proof must be submitted to the court, usually with a Proof of Service form.
5. Responding to the Petition
Your spouse has 21 days to respond (30 days if served outside Utah). They can:
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File an Answer agreeing or disagreeing with the terms
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File a Counter-Petition with their own demands
If they fail to respond, you may request a default judgment, which allows the court to grant the divorce according to your terms.
6. Mandatory Waiting Period
Utah imposes a 30-day waiting period from the date of filing before a divorce can be finalized. However, in some cases, this can be waived by filing a Motion to Waive Waiting Period and showing good cause.
7. Temporary Orders (If Needed)
During the waiting period or throughout contested cases, either party may request temporary orders for:
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Child custody and visitation
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Spousal support
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Child support
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Use of property (e.g., home, car)
These orders help maintain stability while the divorce is pending.
8. Mandatory Divorce Education Courses (If Children Are Involved)
Utah law requires divorcing parents of minor children to complete two courses:
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Divorce Orientation Course
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Divorce Education Course
Both must be completed before a final decree is entered, unless the court waives the requirement for good cause. These courses can be taken online or in person and aim to reduce the negative impact of divorce on children.
9. Financial Disclosures
Both parties are required to exchange financial information by completing and submitting a Financial Declaration, which includes:
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Income details
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Monthly expenses
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Assets and debts
This helps the court decide on child support, alimony, and property division.
10. Mediation (In Contested Cases)
For contested divorces involving custody or financial disputes, Utah courts may mandate mediation before proceeding to trial. A neutral third party helps spouses try to reach an agreement outside court.
If mediation fails, the case moves forward to litigation.
11. Settlement or Trial
If an agreement is reached:
The spouses can submit a Stipulation and Settlement Agreement to the court, along with a proposed Decree of Divorce. The judge will review and sign the decree, making it final.
If no agreement is reached:
A trial date is set. Each party presents evidence and arguments, and the judge makes decisions on contested issues.
12. Finalizing the Divorce
Once all matters are resolved and the judge signs the Decree of Divorce, the marriage is legally dissolved. The decree outlines all the court’s decisions, including:
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Custody and visitation schedules
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Property and debt division
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Alimony and child support
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Name changes (if requested)
Keep a certified copy of the decree for your records, as you may need it for future legal or financial transactions.
13. Post-Divorce Modifications and Enforcement
Life circumstances may change after a divorce is finalized. Either party can request a modification to the decree regarding custody, child support, or alimony if there's a substantial change in circumstances.
Additionally, if one party fails to comply with the decree, the other can seek enforcement through the court by filing a Motion for Order to Show Cause.
14. Legal Help and Resources
While it is possible to file for divorce on your own (pro se), legal guidance can be valuable, especially in complex or contested cases. Resources include:
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Utah State Courts Self-Help Center: Offers forms, guides, and assistance
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Legal Aid Society of Salt Lake: Provides services for low-income individuals
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Private Attorneys: Especially helpful for contested divorces or large marital estates
Final Thoughts
Divorce in Utah involves multiple legal steps, deadlines, and emotional decisions. Being informed about the process and knowing your rights can help you make sound decisions. Whether you and your spouse can resolve matters amicably or need the court to intervene, Utah’s legal system provides the structure necessary to dissolve a marriage fairly.