How to File for Divorce in Utah (Step-by-Step Guide)

Step 1: Meet Utah’s Residency Requirements

Before filing, at least one spouse must have lived in Utah for a minimum of three months in the county where the divorce is filed. If minor children are involved, the child must have lived in Utah for at least six months before the case begins. These requirements give the court jurisdiction to handle the case. Related statute: Utah Code §30-3-1.

Step 2: Prepare and File the Divorce Petition

The first formal document is the Petition for Divorce. It lists information about both parties, the marriage, and what you’re asking the court to decide like property division, custody, and support. File online through the Utah courts’ e-filing system or in person at your county district court. Filing fees are typically around $325, with fee waivers available for those who qualify.

Once filed, the court assigns a case number and the divorce process officially begins.

Step 3: Serve the Divorce Papers

Utah law requires official notice, called service of process. You cannot serve your spouse yourself. Use a sheriff, constable, or private process server. After service, your spouse has 21 days to respond (or 30 days if they live out of state). If they don’t respond, the court may grant a default judgment.

Step 4: Exchange Financial Disclosures

Both spouses must exchange financial declarations within 14 days of the answer. Include income, debts, tax returns, and assets. Full disclosure ensures fairness in dividing property and setting support. Failure to disclose can result in penalties or a case being reopened later.

Step 5: Attend Required Courses (If Applicable)

If there are minor children, both parents must complete a Divorce Orientation Course and a Divorce Education Course approved by the Utah courts. These courses explain the effects of divorce on families and outline co-parenting expectations. File the certificates of completion with the court.

Step 6: Attempt Mediation

Utah generally requires at least one mediation session before trial, unless the court grants an exemption. A neutral mediator helps you negotiate issues like custody, property division, alimony, and child support. If you reach agreement, submit it to the judge for approval. Mediation often reduces cost, time, and conflict.

Step 7: Waiting Period and Finalization

Utah has a 30-day waiting period from the filing date before a divorce can be finalized. This can be waived for good cause, such as hardship or safety concerns. After all forms, disclosures, and agreements are submitted, the judge issues a Decree of Divorce, officially ending the marriage.

Common Mistakes to Avoid

Related Utah Statutes and Rules