Divorce in Utah

Overview of Divorce in Utah

Utah’s divorce laws are governed by Utah Code Title 30, Chapter 3. The state allows both no-fault and fault-based grounds for divorce, uses equitable distribution for dividing marital property, and provides statutory guidance on alimony. Utah has taken steps in recent years to streamline the divorce process, including reducing the mandatory waiting period from 90 days to 30 days in 2023.

For a broader understanding of the divorce process, see our complete guide to divorce.

Residency Requirements

Under Utah Code Section 30-3-1, the petitioner must have been an actual and bona fide resident of the state of Utah and of the county where the divorce is filed for at least three months immediately before filing. Military personnel stationed in Utah may satisfy this requirement through their period of service in the state.

Grounds for Divorce

Utah recognizes both no-fault and fault-based grounds under Utah Code Section 30-3-1.

The no-fault ground is irreconcilable differences. Either spouse may petition on this basis without needing to prove wrongdoing by the other party.

Fault-based grounds include impotency at the time of marriage, adultery committed after the marriage, willful desertion for more than one year, willful neglect to provide the common necessities of life, habitual drunkenness, conviction of a felony, cruel treatment causing bodily injury or great mental distress, and incurable insanity. While most divorces are filed on no-fault grounds, fault may be relevant when the court determines alimony.

Filing Fees and Costs

The filing fee for a divorce in Utah is approximately $325, though this varies by county. Additional costs may include fees for service of process, mandatory divorce education classes (required in all cases involving minor children), and mediation. Fee waivers are available for filers who demonstrate financial hardship.

Waiting Period

Effective May 2023, Utah reduced its mandatory waiting period from 90 days to 30 days under H.B. 249. The waiting period begins on the date the petition is filed. The court may waive the waiting period upon a showing of good cause and the parties’ agreement. In uncontested cases, a divorce can potentially be finalized within 30 to 60 days. Contested cases typically take considerably longer.

Property Division

Utah follows the equitable distribution model under Utah Code Section 30-3-5. The court divides marital property fairly, considering factors such as:

• The duration of the marriage
• The age, health, and earning capacity of each party
• The contribution of each party to the marital estate, including homemaker contributions
• How and by whom the property was acquired
• The desirability of awarding the family home to the custodial parent
• The tax consequences of any proposed division

Separate property — assets owned before the marriage, gifts, and inheritances — is generally not subject to division, provided it has not been commingled with marital assets. However, any increase in the value of separate property during the marriage due to the efforts of either spouse may be considered marital property.

Alimony

Utah courts award alimony under Utah Code Section 30-3-5. The court considers the financial condition and needs of the recipient, the recipient’s earning capacity, the payor’s ability to provide support, and the length of the marriage, among other factors. Notably, Utah law permits the court to consider the fault of the parties in the breakup of the marriage when determining alimony.

As a general rule, the duration of alimony cannot exceed the length of the marriage, though the court has discretion to deviate in extraordinary circumstances. Alimony terminates upon the recipient’s remarriage, cohabitation with another person, or the death of either party.

Divorce Education Requirement

Utah requires all parties in a divorce involving minor children to complete a mandatory divorce education course under Utah Code Section 30-3-11.3. The course covers the impact of divorce on children, co-parenting strategies, and conflict resolution. Both parties must complete the course before the court will finalize the divorce.

The Divorce Process

A typical Utah divorce proceeds as follows:

1. Filing the petition. One spouse files a petition for divorce with the district court and pays the filing fee.
2. Service of process. The respondent is served with the petition and summons. The respondent has 21 days (30 days if served out of state) to file an answer.
3. 30-day waiting period. The court cannot finalize the divorce until at least 30 days after filing.
4. Financial disclosures. Both parties exchange financial declarations.
5. Divorce education course. Both parties complete the mandatory course if minor children are involved.
6. Negotiation or mediation. The parties attempt to resolve contested issues.
7. Final hearing or trial. If an agreement is reached, it is presented for court approval. If not, the case proceeds to trial.

Uncontested divorces in Utah can be completed in as little as one to three months. Contested cases typically take six months to two years.

When to Consult an Attorney

Utah’s divorce laws include several unique features, including the fault consideration in alimony, the relatively short waiting period, and specific requirements around divorce education. If your case involves significant assets, disputes over custody, or complex financial matters, consider scheduling a free consultation with a qualified family law attorney to understand your rights and options.