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
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
| Uncontested | Contested | |
|---|---|---|
| Starting point | You agree on everything, or nearly everything | At least one issue is disputed |
| Mediation | Not needed if every issue is settled | Required before trial, unless excused |
| Timeline | Often a few months | Many months, sometimes longer |
| Your control | High: you write the terms | Shared: a judge may decide some issues |
| Where Dustin helps | Making sure the agreement covers what it should, including retirement, debt, and parent-time details | Disclosures, 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.
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.
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:
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.