The Ultimate Guide to Divorce in Utah

Introduction

Divorce is never easy—but having a clear understanding of the process in your state can make it far more manageable. If you live in Utah and are considering divorce, this guide explains the steps, legal requirements, and frequently asked questions so you can move forward with clarity and confidence.

Residency Requirements in Utah

To file for divorce in Utahat least one spouse must have lived in the state for a minimum of three months before filing (Utah Code § 30-3-1). If child custody is involved, the child must also have lived in Utah with a parent or guardian for at least six months for the court to have jurisdiction.

Grounds for Divorce in Utah

Utah allows both no-fault and fault-based divorces.

  • No-Fault Divorce
    • The most common ground is irreconcilable differences, where no proof of wrongdoing is required.
  • Fault-Based Divorce
    Recognized fault grounds include:

    • Adultery
    • Willful desertion for more than one year
    • Habitual drunkenness
    • Cruel treatment
    • Felony conviction
    • Incurable insanity (Utah Code § 30-3-1(3))

In practice, most divorces in Utah proceed under no-fault grounds unless fault-based claims impact custody or asset division.

The Divorce Timeline in Utah

Utah has a mandatory 30-day waiting period after the divorce petition is filed (Utah Code § 30-3-18). However, that timeline may be extended depending on the complexity of the case.

Typical ranges:

  • Uncontested Divorce: 1 to 3 months
  • Contested Divorce: 6 to 12+ months (involving custody, support, or asset disputes)

This waiting period may be waived for good cause with court approval, but, in reality, it is never waived.

Filing Process: Step-by-Step

  1. File a Petition for Divorce
    Filed in the district court in the county where either spouse resides.
  2. Serve Your Spouse
    The respondent must be officially served with the divorce papers and has 21 days (or 30 if out of state) to respond.
  3. Mandatory Disclosures
    Both spouses are required to exchange financial disclosures including income, debts, expenses, and asset documentation.
  4. Parenting Course (If Children Are Involved)
    Utah requires divorcing parents to complete a mandatory parenting course before final judgment.
  5. Mediation (If Contested)
    Utah requires parties to attempt mediation before proceeding to trial in contested cases (Utah Code § 30-3-39).
  6. Final Decree of Divorce
    Once all matters are resolved or decided by the court, a judge will sign the Decree of Divorce, legally ending the marriage.

What to Expect at Each Stage

  • Beginning/Information Gathering: Parties gather and exchange information about finances like assets and debts, kids, and anything else that needs to be addressed during divorce
  • Temporary Orders: Either party may request temporary orders early in the case to establish custody, support, or possession of the home.
  • Settlement Negotiation or Mediation: The vast majority of Utah divorces settle out of court through attorney negotiation or court-ordered mediation.
  • Trial (If Necessary): If no agreement is reached, a judge will decide on contested issues in a trial. Utah does not use jury trials in family law cases.
  • Finalization: Once the judge signs the Decree of Divorce, your divorce is legally complete. Parties are then bound by the terms regarding property, children, and support.

FAQs

How long does a divorce take in Utah?
Anywhere from 1–3 months for uncontested cases, to 6–12+ months for contested ones.

Do I have to prove fault?
No. Utah allows no-fault divorce based on irreconcilable differences, though fault may be considered in determining alimony or custody.

Can I represent myself?
Yes, but family law is complex. Hiring a knowledgeable attorney—especially in cases involving children or significant assets—is strongly advised.

Do I have to attend mediation?
Yes, if your case is contested. Utah courts require at least one session of mediation before trial (Utah Code § 30-3-39).

Call to Action

At Brown Family Law, we focus exclusively on divorce and child custody in Utah. If you’re starting the divorce process—or just need answers—our experienced team is here to help.

Contact us today to schedule your divorce consultation and take the next step with clarity and confidence.

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I recently engaged Andrew to review my divorce decree that was finalized in another state. He gave me excellent advice. I did not feel pressured to proceed one way or another. Instead, he gave me very reasonable scenarios to consider and allowed me to proceed down the path that felt most comfortable to me.
Clay Randle with Brown Family Law was excellent! I love the way the procedures with this company are organized. The attorney calls every Friday to check in with you so there’s no phone tag. Questions are answered very timely every week. Clay was very prompt in responding to emails. He was also great to “read the room” or the situation rather. Throughout the divorce, where grace was extended and healthy negotiation prevailed, he appeared to navigate the process in a calm and skillful way. I could see how he definitely had the capacity to respond in a more contentious, emotionally charged way if needed. He encouraged healthy boundaries with the splitting of assets and he understood both sides of what could happen if asking for a specific thing in the divorce. During a painful situation, Clay was able to crack some (tasteful) jokes and tried to keep a heavy situation feel a little less heavy. Couples seeking a divorce would be wise to choose Brown Family Law. They will be in great hands.
I wholeheartedly recommend Andrew Christensen to anyone facing a divorce or custody battle. His passion and thoroughness as a divorce and custody attorney are truly exceptional. You’d think his name was on the firm’s door with the way he handles business—pouring his heart and expertise into every detail, even though it’s not his firm! From our first meeting, Andrew went far beyond a typical consultation, taking the time to listen, understand my situation, and craft a strategy that led to a successful outcome in my custody case. His dedication, compassion, and meticulous approach make him stand out. If you need an attorney who will fight for you like it’s personal, Andrew is the one to call!
I absolutely believe that Brown Family Law is the best divorce attorney law firm in Utah. Attorney Ray Hingson did a fantastic job for me in a complicated divorce. He was there to guide me through the entire process. Ray touched base with me every week AND every time I called with worries or concerns. He handled things confidently and professionally. He took time to meet with me and explain everything so I could understand it. I felt like he really cared and wanted to do his best for me. His paralegal, Carren Leavitt, was also extremely helpful. All I had to do was pick up the phone and call her and she arranged a time for Ray to call me right back. She was always prompt and caring. I couldn't be happier!
Anne and Josh are Fantastic!!
I couldn’t have done it without Nathaniel Garrabrandt and the Brown Family Law truly the best experience and people to work with thank you!!
Brown Family Law is likely the most outstanding Family Law office in Utah. They care deeply about each client, responds quickly to every client question and concerns. If anyone is in a situation of divorce and/or child custody, I highly recommend this office to assist you with your rights. They stand firmly behind their clients.
Response from the owner:Thank you, Craig.
I can’t say enough good things about Clay Randle and Katrina Redd. They were both incredibly professional, responsive, and knowledgeable throughout my case. Their experience and advice were invaluable, and I truly appreciated their support every step of the way.
Daniel was patient, efficient, professional, and kind. Brown Family Law was easy to work with and very competent. Highly recommend.
Muchas gracias, professionales. Me ayudaron con mi caso, gracias.
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