Understanding Divorce Laws in Utah

Living in Utah? Here’s Where Divorce Starts

Before you can file for divorce in Utah, either you or your spouse must have lived in the state for at least three months—and in the specific county where you’re filing for that same period.

If you have children, they must have lived in Utah for at least six months before the court can make custody decisions.

This isn’t just legal red tape—it’s an important first step. If you’re unsure whether you meet these requirements, we can help you find out.

Thinking about filing?
Call Brown Family Law to schedule a strategy session with a divorce attorney who knows the system inside and out.

What Are the Legal Grounds for Divorce in Utah?

Utah gives you two options when it comes to grounds for divorce: no-fault and fault-based.

Most people choose no-fault divorce—citing irreconcilable differences—because it’s cleaner and less confrontational. You’re simply saying the marriage can’t be saved.

However, Utah also allows for fault-based divorce in situations involving:

• Adultery
• Abuse or cruelty
• Abandonment
• Felony conviction
• Drug or alcohol abuse
• Long-term mental incapacity

Not sure which option applies to your situation?
Contact our legal team for guidance on how to file in a way that protects your interests.

What the Utah Divorce Process Actually Looks Like

Divorce in Utah follows a specific legal process. It’s important to understand the steps—even if your case seems straightforward.

Step 1: File the Petition

You (or your spouse) will start by filing a Petition for Divorce with your local district court.

Step 2: Serve the Other Spouse

They must be formally notified—typically by a sheriff or professional process server.

Step 3: 30-Day Waiting Period

Utah law imposes a mandatory 30-day waiting period before the divorce can be finalized, even if both parties agree.

Step 4: Financial Disclosures

Each spouse must share financial information—income, debts, assets, expenses. This is mandatory and crucial for fair settlements.

Step 5: Agreements or Hearings

If you can’t reach an agreement on things like custody or money, the court may require mediation—or set a trial date.

Step 6: Final Decree

Once everything is resolved, the judge will issue a final divorce decree.

Have questions about your case?
Schedule a consultation with Brown Family Law today—we’ll walk you through what to expect and help you prepare each step of the way.

How Property is Divided in Utah

Utah uses equitable distribution when dividing property. That means the court aims for what’s fair—not necessarily equal.

Here’s what the court considers:

• Marital property: earned or acquired during the marriage
• Separate property: owned before marriage, or received by gift or inheritance

Judges also look at:

• The length of the marriage
• Income and earning ability of each spouse
• Contributions to the home or children
• Custody arrangements

Property division can get complicated—especially with homes, retirement accounts, or businesses involved.
Let Brown Family Law help you protect what matters most.

Alimony in Utah: When It’s Awarded

Alimony (spousal support) can be awarded when one spouse needs financial help after the divorce. It’s not guaranteed, but it’s common when there’s a large income gap between spouses.

The court will consider:

• The length of the marriage
• The lifestyle you had while married
• Both parties’ incomes
• Each spouse’s ability to support themselves
• Contributions as a stay-at-home parent or caregiver
• Health, age, and earning potential

Usually, alimony won’t last longer than the marriage itself.

Unsure if you’ll receive—or owe—alimony?
We’re happy to answer that during a confidential consultation. Call Brown Family Law to get clarity before you sign anything.

Custody and Child Support in Utah

Custody is about what’s best for the children—not the parents. Utah courts consider each parent’s ability to meet the child’s emotional, educational, and physical needs.

Legal custody

Covers big decisions—schooling, health care, religion.

Physical custody

Covers where the child lives and who handles day-to-day care.

Custody can be joint or sole. Every case is different, and the court will look closely at what’s truly in the child’s best interest.

Child support

Utah uses a standard formula based on each parent’s income and how much time each spends with the child. Adjustments can be made for special circumstances.

Custody disputes can be stressful and emotional.
Let our team at Brown Family Law help you develop a parenting plan that works—and fight for your parental rights if needed.

Modifying or Enforcing Orders Later On

Life changes—and sometimes, divorce orders need to change with it.

You can request a modification if there’s been a major shift, like:

• Job loss
• Relocation
• Health concerns
• Changes in a child’s needs or schedule

You can also enforce court orders if your ex isn’t following the divorce terms—whether it’s missing child support, violating custody agreements, or refusing to divide assets.

Need help making adjustments—or holding your ex accountable?
Brown Family Law is here long after your divorce is finalized. Let’s talk about your options.

Do You Need a Divorce Lawyer in Utah?

You don’t have to hire a lawyer—but if your case involves children, conflict, or significant assets, it’s smart to get experienced legal help.

Divorce touches every part of your life—your home, your time with your kids, your future finances. Having the right attorney makes a real difference.

At Brown Family Law, we focus exclusively on Utah divorce and family law. This is what we do every day—and we’re proud to do it with compassion, strategy, and results.

Let’s Talk

Divorce is hard—but it doesn’t have to be overwhelming.

Call Brown Family Law today to schedule a private, no-pressure consultation. We’ll listen, offer real guidance, and help you start building your new future.

You don’t have to do this alone.