By Christie Nicholson, J.D. | Legally reviewed by John Mascolo, Esq. | Last reviewed August 24, 2024
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.
State divorce laws 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.
Here, we'll explain what these legal requirements are. We will also discuss how the Utah divorce process works. If you still have questions, it's best to consult an experienced Utah divorce lawyer.
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.
Utah law also requires a 30-day waiting period 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.
You can file a motion to waive the waiting period rule. But, the court requires that you prove extenuating circumstances.
Most people choose to file a no-fault divorce 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.
With a no-fault divorce, the petitioner must certify that they are experiencing irreconcilable differences with their spouse. They must also certify that there is no chance of reconciliation.
With a fault-based divorce, the petition must identify specific reasons for the divorce. Utah law recognizes several other grounds for divorce, including:
Again, most people don't refer to traditional fault-based grounds for divorce in their divorce petitions.
Once you decide whether to file a no-fault or fault-based divorce, you must determine what type of divorce action you'll pursue. Utah law recognizes two main types of divorce — uncontested and contested. An uncontested divorce involves spouses who agree on the terms of divorce. They agree that divorce is the best option and have already resolved issues such as child custody, alimony, and property division.
Couples pursuing an uncontested divorce can present a copy of their marital settlement agreement to the court. Once the judge approves the divorce agreement, they'll issue a final divorce decree. Usually, the judge must wait 30 days to do this. But, the parties can request a waiver of this rule if they can show good cause.
With a contested divorce, the parties do not agree on these issues. The filing party submits their petition and the requisite divorce papers to the court. The respondent has 21 days to file an answer.
Contested divorces may take several months to resolve or go to trial. Attorneys commonly file pretrial motions as they try to complete the discovery process. The court may also issue temporary alimony orders, child support, custody, and parent time.
The judge will schedule the parties for a pretrial hearing. The spouses' divorce attorneys will attempt to negotiate a settlement agreement before the hearing. The judge will set the matter for trial if this isn't feasible. The court then decides any outstanding issues between the parties.
The contested issues may include:
Sometimes, the court orders that the parties attempt to negotiate a settlement with the help of a divorce mediation program. But the case proceeds to trial if the parties can't find a resolution. Both sides present their witnesses and evidence. The judge issues their decision and incorporates it into the final divorce judgment. This judgment becomes enforceable like any other court order.
Most couples agree on child custody at some point during the divorce proceedings. If they can't do this, the judge may order the parties to go to custody mediation. They may also require the parties to attend a parenting or divorce education class. The program will focus on the divorce process and how to communicate and raise children between two households.
As in most states, it's usually best if both parents agree on legal and physical custody. If not, the court must decide these matters.
Legal custody refers to the parent's right to make decisions on behalf of their children. Both parents can share this. Or, one parent can be the legal custodian. Utah law includes a presumption in favor of shared legal custody unless there are reasons that would not be in the children's best interests, such as child abuse or domestic violence.
Physical custody refers to the schedule of time the parents have with the children on a week-to-week basis or otherwise. Parenting plans often track the overnight time spent with each parent as well.
Physical custody is usually shared, but it may not be equal or 50/50 time. Under Utah law, joint physical custody means that both parents have their kids at least 30% of the time.
The Utah courts don't have a presumption for joint physical custody. Utah law dictates that the family courts decide custody based on the child's best interests.
The law also requires a non-custodial parent to pay child support to the custodial parent. In joint custody cases, the court may still order the parent with the larger income to pay child support to the parent with the smaller income. The amount of child support depends on several factors, including the parties' income, the number of children, the parent-time schedule, and extraordinary expenses.
Utah law calls spousal support as alimony. There are formal and informal rules when it comes to alimony in Utah. For example, the judge will terminate a temporary order of alimony if the receiving spouse cohabits with another person. (Temporary alimony is financial support one party must pay the other while the divorce proceedings are pending.)
Another rule is that alimony can't last longer than the length of the marriage. For example, if you were only married for five years, you can't get alimony for more than five years.
There is no guarantee that a party will get alimony. The court considers many factors when making this determination.
Some of these factors include:
In Utah, alimony terminates when either party dies. Cohabitation and remarriage will also terminate alimony. The paying spouse must file a motion to terminate alimony. If they don't file this motion within one year of learning their ex-spouse is cohabiting/remarrying, they lose the right to do so.
Recent changes in Utah law on alimony address cases in a long-term marriage where a recipient spouse agreed to stay home as a caregiver for the children or has a disability. Under such a scenario, the district court may consider these factors in deciding whether to equalize the parties' net income after the divorce. These factors may also affect to what extent the court may impute income to the recipient spouse.
Utah is an equitable distribution state. This means that the courts divide marital assets and debts fairly. The courts don't necessarily divide marital property 50/50. Instead, they look at the totality of the circumstances.
Marital property subject to equitable distribution in Utah includes:
Utah law also recognizes separate property. This is property each spouse brings into the marriage. For example, if you owned your home before marriage, you will keep this property after the divorce. Of course, there are situations where the parties commingle separate property with marital property. In such cases, the courts do their best to divide the assets fairly.
The Utah courts almost always deem gifts and inheritances to one spouse as separate property.
No matter your circumstances, you must follow the following laws before you can divorce in Utah.
| Relevant Utah divorce laws | Utah Code * Title 81 — Domestic Relations Code (effective 9/1/24)
* In 2024, certain provisions of the Utah Code related to divorce got repealed, replaced, and/or renumbered. Most of these changes are in effect on 9/1/24. For reference, the prior relevant code section is under Title 30 — Husband and Wife, Chapter 3 — Divorce. |
|---|---|
Residency requirements |
One party must be a bona fide resident of a Utah county for at least three months before commencing an action. |
Waiting period |
The waiting period lasts 30 days. Except in unusual circumstances, the court will not grant a final divorce earlier than 30 days after filing of the petition. |
No-fault grounds for divorce |
Utah has two no-fault grounds for divorce: irreconcilable differences and legal separation for at least three years |
Fault-based grounds for divorce |
|
Note: State laws are always subject to change through the passage of new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.
You have every right to handle your Utah divorce on your own. The Utah courts have set up an Online Court Assistance Program (OCAP) to help self-represented people file actions in the district courts.
But, with so much at risk, it may be better to seek legal advice from an experienced Utah divorce attorney. Your divorce lawyer will work to get you the best possible result on child custody, alimony, and property division issues.
Contact a qualified attorney.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.