Divorce Procedures Dustin Gibb February 5, 2024

Divorce Lawyer in Kaysville and Clearfield

Some people come to us after months of thinking about divorce. Others come the day they're served. Either way, the first few weeks set up much of what follows, and a free consultation with Dustin Gibb is a good place to start.

Consultation · Kaysville, Clearfield (by appointment), or virtual · (801) 725-6035

A Utah divorce starts with a petition filed in the county where one spouse has lived for at least three months. After the other spouse is served, both exchange financial disclosures. Contested issues go to mediation before trial, and no decree can be signed until at least 30 days after filing. Most divorces settle before trial.

Where are you right now?

If you’re thinking about filing

  • Check residency first. Filing in the wrong county, or too early, sets you back.
  • Think about where you and the children will live while the case is open. If you can’t agree, the court can issue temporary orders on custody, support, and who stays in the home.
  • Start gathering financial records now. Disclosures are due soon after the case begins, and a rushed financial declaration is where mistakes happen.

If you’ve been served

  • Write down the date you were served. You have 21 days to respond if you were served in Utah, and 30 days if you were served elsewhere.
  • If you don’t respond, your spouse can ask for a default judgment, meaning the court can give them what they asked for in the petition.
  • Read the petition closely, including what it asks for regarding the kids, the house, and support. What’s in it now shapes the negotiation later.
  • If you have children, the orientation class is due within 30 days of service.

How a Utah divorce moves, step by step

ResidencyOne spouse must have lived in the filing county for at least three months. If there are children, Utah generally needs to have been their home for about six months before it can decide custody.
PetitionThe case is filed in district court. For Davis County, that’s the Second District Court in Farmington.
ServiceThe other spouse is formally served or signs an acceptance of service.
Response21 days if served in Utah, 30 days if served outside Utah.
Financial disclosuresWithin 14 days after the first answer, both spouses exchange a financial declaration with supporting documents.
Parent classes (if you have minor children)Divorce orientation, then a parenting class.
Temporary orders (if needed)These cover where the kids stay, support, and the home while the case continues.
MediationIf issues are contested, at least one session is required before trial, unless the court excuses it for good cause, such as domestic violence.
Agreement or trialMost cases settle with a signed agreement. The rest go to a judge.
DecreeSigned no sooner than 30 days after filing, and usually much later.

How long a Utah divorce takes

Legally, the minimum is 30 days after filing. In practice, that’s rare. Service, disclosures, and the parent classes all take time, and mediation has to be scheduled around two people, their lawyers, and a mediator.

When both spouses agree, and the paperwork is complete, a divorce can finish in a few months. A contested case, especially one about custody, can take many months and sometimes longer than a year. The biggest variable usually isn’t the court. It’s how many issues are still in dispute and how quickly each side produces its financial information.

Uncontested vs. contested divorce

UncontestedContested
Starting pointYou agree on everything, or nearly everythingAt least one issue is disputed
MediationNot needed if every issue is settledRequired before trial, unless excused
TimelineOften a few monthsMany months, sometimes longer
Your controlHigh: you write the termsShared: a judge may decide some issues
Where Dustin helpsMaking sure the agreement covers what it should, including retirement, debt, and parent-time detailsDisclosures, negotiation, mediation, hearings, and trial

An “uncontested” divorce can still go wrong. Agreements often leave out a retirement account or leave the holiday schedule vague, and those gaps usually show up years later.

What the divorce decree decides

Utah divides marital property fairly, which isn’t always equally. Property you owned before the marriage may stay separate, but only if you can trace it.

Contributions made during the marriage are usually part of the division, and dividing them correctly often takes a separate court order.

Calculated from both parents’ incomes using Utah’s guidelines.

Alimony & Support →

It can be included in the decree.

Who keeps the house?

It’s one of the most common disputes in the divorces we handle. The house is often the family’s largest asset, and for parents it’s also where the kids sleep, go to school from, and have their friends.

While the case is open, who stays in the home can be decided by agreement or by a temporary order. That early arrangement matters, because it can set the pattern for what feels “normal” later.

At the end of the case, the options usually come down to these:

  • One spouse keeps it and buys out the other’s share of the equity, usually by refinancing. Before insisting on keeping the house, it’s worth checking whether you can qualify for the mortgage on one income.
  • The house is sold, and the proceeds are divided.
  • A delayed sale, sometimes used so the children can stay put for a period of time.

How the equity is divided depends on when the house was bought, whose money went into it, and whether any part of it can be traced as separate property. Pre-marriage down payments and inheritances are common points of dispute here.

The financial declaration: the paperwork that matters most

Within 14 days after the first answer, each spouse serves a financial declaration listing income, expenses, assets, and debts, with statements to back up the numbers. It’s the foundation for child support, alimony, and the property division.

Take it seriously. If a spouse leaves assets or income out, the court can impose sanctions, including awarding the hidden assets to the other spouse. A careful, accurate declaration also builds credibility with the court. Your financial declaration is the first thing the other side and the court learn about you. I want it to be accurate and easy to trust.

Mistakes that make a divorce harder

Arguing by text or on social media

Messages to or about your spouse can become exhibits. Write as if a judge will read it.

Moving or spending money unusually

Large transfers, new accounts, or unexplained spending during the case look like hiding, even when they aren’t.

Ignoring the papers

Missing the 21-day deadline can lead to a default judgment on your spouse’s terms.

Guessing on the financial declaration

Inflated expenses or missing accounts undermine your credibility on every issue after that.

What affects the cost of a divorce

Cost depends mostly on how many issues are disputed and how long they stay disputed. A contested custody case costs more than a case where parents agree on a schedule. A business, multiple retirement accounts, or a separate-property claim adds work. Organized, timely financial documents help keep costs down. If mediation is needed, the mediator’s fee is normally split equally between the spouses.

We discuss fees at your free consultation, once we understand what your case involves.

Divorce questions

You can file on your own, and Utah’s court forms are built for agreed cases. The risk is in what the agreement leaves out. Having a lawyer review it before you sign usually costs far less than fixing a gap after the decree.

Your spouse can’t stop the divorce by refusing to take part. If they don’t respond within the deadline after being properly served, you can ask for a default judgment.

If any issue is contested after an answer is filed, yes, at least one session, unless the court excuses you for good cause. Domestic violence is one example.

Only if the court finds extraordinary circumstances. It’s not granted automatically.

Divorce case records have been private in Utah since 2012, but the orders and the final decree are public. Keep sensitive details out of those documents.

Tell us early. Financial disclosure is required, and there are tools to get records and consequences for leaving assets out.

Hidden Assets in Utah Divorce →

Gibb Law Divorce Update

Utah Clarifies Requests to Finalize Divorce Before 30 Days

On October 26, 2026, Utah State Courts announced an adopted amendment to Rule 105, effective November 1. The Utah Supreme Court signed the order on October 23. For people navigating a divorce in Utah, the change updates how a request to finish the case before the 30-day waiting period ends is described: the rule now refers to requesting entry of a divorce decree, rather than requesting a hearing.

That wording change does not remove the ordinary waiting period, which is at least 30 days from filing the petition until a judge signs the decree. The amended rule retains an affidavit identifying the petition’s filing date and explaining the extraordinary circumstances. Either party may ask for a waiver, but approval is not automatic; agreement alone does not guarantee one.

If you are considering an earlier decree, focus on the supporting facts and paperwork, and avoid assuming the revised language changes eligibility or timing in your case. General information, not legal advice.

What to bring to your divorce consultation

If it relates to your marriage, your money, or your kids, bring it. Especially helpful:

✓Tax returns for the last two to three years, plus recent pay stubs
✓Bank, retirement, and investment statements
✓Mortgage statement, and any appraisal or purchase paperwork for the house
✓Loan and credit card statements
✓Business records, if either of you owns a business
✓Any prenuptial or postnuptial agreement
✓Divorce papers you’ve filed or received, along with the date you were served
✓Your children’s current weekly schedule

Filing in Davis County

Davis County divorces are filed with the Second District Court in Farmington. We meet clients in Kaysville, in Clearfield by appointment, and virtually.

Talk with Dustin about your divorce

Fill out the form and we'll be in touch soon!

How we can help you?