Utah divorce basics: questions we hear most
How do I file for divorce in Utah?
File a petition in the district court for the county where you or your spouse has lived for the last three months (Utah Code 81-4-402). The court filing fee is currently $350, and a fee waiver is available for low-income filers. The case is assigned to a judge and, in most districts, a commissioner who handles the early hearings. Utah’s online OCAP system produces the forms for people filing without a lawyer.
How long does a Utah divorce take?
Utah requires a 30-day waiting period after the petition is filed before a decree can be signed. An agreed divorce can be final shortly after that, once the required classes are done. A contested case usually takes several months to a year, depending on the district’s docket and how many issues are disputed.
Is Utah a no-fault state?
Yes. Irreconcilable differences is the usual ground, and no one has to prove wrongdoing to get divorced. Utah also keeps fault grounds such as adultery and cruelty in Utah Code 81-4-405, and fault can affect alimony, but it does not change how property is divided or who gets custody by itself.
Do we have to take a class?
If you have children under 18, both parents complete a divorce orientation course and a divorce education (parenting) course before the decree is entered, usually within 60 days of filing. Both are offered online through the Utah courts.
Is mediation required?
In a contested case, yes. Utah requires at least one good-faith mediation session before a contested issue is set for hearing, and most Utah divorces settle there. Mediation can be excused where domestic violence makes it unsafe.
How is property divided?
Equitably, which usually means close to equally, without regard to fault. Property acquired during the marriage is marital regardless of whose name is on it. Property owned before the marriage, inherited, or received as a gift is separate if it was kept separate. Utah is not a community property state.
How are custody and child support decided?
Custody is decided on the child’s best interests under Utah Code 81-9-204, with a presumption of joint legal custody. Parent-time follows the schedules in Title 81, Chapter 9, and equal time is common where both parents are involved and live near each other. Child support is a formula based on both parents’ incomes and the number of overnights (Title 81, Chapter 6).
Are Utah divorce records public?
Most of a divorce file is private. The decree and other final orders are public unless a party asks the court to classify them private. Copies are available from the clerk or through the courts’ Xchange system.
The guide above goes deeper on each of these. For advice on your own situation, call CoilLaw at (801) 884-3775 or contact us online.
