Thinking About Divorce in Utah? Here’s What You Need to Know Before You File
Short answer: To file for divorce in Utah, you or your spouse must have lived in the county where you file for at least 90 days. Utah Code § 81-4-402(1). The court cannot enter a decree until 30 days after filing unless extraordinary circumstances exist. Parents of minor children must complete a divorce orientation course and a divorce education course. The case ends when the judge signs the decree, either after a settlement or after trial.
When facing the decision to end a marriage, the divorce process can seem overwhelming. As an experienced Utah divorce lawyer, I help individuals navigate these challenging times with clarity and confidence. In this guide, I will walk you through how to file for divorce in Utah, what to expect, and how to protect your rights from start to finish.
Who Can File for Divorce in Utah?
Before you can file, you or your spouse must have lived in the county where you file for at least 90 days, or be a member of the armed forces stationed in Utah for at least 90 days. Utah Code § 81-4-402(1). If you have minor children, additional jurisdiction requirements apply to custody.
Step 1: Prepare Your Divorce Petition
The first step in any Utah divorce case is to file a Petition for Divorce with the district court.
You must pay a filing fee when you submit your papers unless you request a fee waiver.
Step 2: Serve Your Spouse
Once you file, you must serve your spouse with the Petition and Summons within 120 days. Service can be completed through:
Acceptance of service (your spouse agrees to accept)
Personal service by a sheriff or private process server
Service by mail or publication, if approved by the court
If your spouse does not respond within 21 days (if served in Utah) or 30 days (if served outside Utah), you may request a default judgment.
Step 3: Responding and Temporary Orders
If your spouse responds, the case continues, and you may request temporary orders to address important issues such as:
Child custody and parent-time
Temporary child support
Use of the marital home
Payment of marital debts
These orders protect both parties until the divorce is finalized.
Step 4: Required Divorce Education Classes
If you have children under 18, Utah law requires both parents to complete:
A Divorce Orientation Course
A Divorce Education Course
Certificates of completion must be filed with the court before finalizing the divorce. The petitioner must attend within 60 days after filing, and the respondent within 30 days after being served. Utah Code §§ 81-4-105, 81-4-402(4), 81-9-103.
Step 5: Resolution or Trial
Many Utah divorce cases settle through mediation. If an agreement is reached, the parties file a stipulation and the final divorce papers. If not, the case proceeds to trial, where a judge will decide issues like property division, child custody, and alimony.
Step 6: Finalizing the Divorce
Once all documents are filed, the judge signs the Divorce Decree. Only then are you officially divorced. The court cannot enter the decree until at least 30 days after the petition is filed unless it finds extraordinary circumstances. Utah Code § 81-4-402(3).
For more, see Uncontested Divorce in Utah and, if a business is involved, Business Owner Divorce in Utah.
Frequently Asked Questions
How long does a Utah divorce take?
At least 30 days from filing, because of the statutory waiting period. Uncontested cases often finish within a few months. Contested cases involving custody disputes or business valuation can take a year or more.
Do I have to take the divorce classes?
Yes, if you have a minor child. Both parents must complete a divorce orientation course and a divorce education course. The petitioner must attend within 60 days after filing, and the respondent within 30 days after being served. Without minor children, the orientation course is optional. Utah Code § 81-4-402(4).
What if my spouse will not respond?
If your spouse does not respond within 21 days after being served in Utah, or 30 days if served outside Utah, you may ask the court for a default judgment.
Do I need a lawyer?
Utah does not require one. A lawyer is most valuable when there are children, a business, significant assets, or real disagreement, because a divorce decree is a final judgment that is difficult to undo.
Ready to Take the First Step? We Can Help.
If you are considering divorce and need a trusted Utah divorce attorney, we are here to guide you through every step. Contact us today for a confidential consultation.