{"id":376757,"date":"2016-03-31T21:37:03","date_gmt":"2016-04-01T02:37:03","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/utah-law\/utah-legal-requirements-for-divorce.html"},"modified":"2024-08-24T12:43:41","modified_gmt":"2024-08-24T17:43:41","slug":"utah-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/utah-law\/utah-legal-requirements-for-divorce.html","title":{"rendered":"Utah Divorce Laws"},"content":{"rendered":"\n
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Utah Divorce Laws <\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

State divorce laws<\/a> determine grounds for divorce, equitable distribution of marital property, and child custody. They also dictate when a party can get alimony or spousal support. Like other states, Utah’s divorce laws have legal requirements to meet before you file a divorce petition.<\/p>\r\n

Here, we’ll explain what these legal requirements are. We will also discuss how the Utah divorce process<\/a> works. If you still have questions, it’s best to consult an experienced Utah divorce lawyer.<\/p>\r\n

Legal Requirements for Utah Divorce<\/h2>\r\n

Every state, including Utah, has residency requirements for divorce. If you and your spouse have no children, the Utah courts require that you live in-state for three months before filing for divorce. If you have minor children, you may want to consider living there for six months before filing your divorce case, as this will make Utah the children’s home state for orders of custody and parent time.<\/p>\r\n

Utah law also requires a 30-day waiting period<\/a> from the time the divorce petition got filed until the family law judge issues a final decree of divorce. This gives the parties one final chance to reconcile or change their minds. It also allows either party to seek a change in the terms of the marital settlement agreement.<\/p>\r\n

You can file a motion to waive the waiting period rule. But, the court requires that you prove extenuating circumstances.<\/p>\r\n

No-Fault Divorce and Fault-Based Divorce in Utah<\/h2>\r\n

Most people choose to file a no-fault divorce<\/a> instead of a fault-based divorce. Years ago, most states required you to cite specific fault-based grounds for divorce. That is no longer the case. Utah courts allow you to file either type of divorce.<\/p>\r\n

With a no-fault divorce<\/a>, the petitioner must certify that they are experiencing irreconcilable differences with their spouse. They must also certify that there is no chance of reconciliation.<\/p>\r\n

With a fault-based divorce<\/a>, the petition must identify specific reasons for the divorce. Utah law recognizes several other grounds for divorce, including:<\/p>\r\n