Getting Divorced in Utah: A Legal Guide for Non-Lawyers

Before filing for divorce in Utah, ensure you meet the residency requirement: at least one spouse must have been a resident of Utah for at least 3 months immediately before filing. If you have minor children, they must have lived in Utah with a parent for at least 6 months before filing (with some exceptions). Utah also has a mandatory 30-day waiting period between filing and finalization of divorce.

Draft and file a Petition for Dissolution of Marriage with the district court in the county where either you or your spouse resides. This document formally requests the divorce and outlines what you are asking for regarding property division, child custody, support, etc. You'll need to pay a filing fee (approximately $325, though fee waivers are available if you qualify financially).

A Summons must be prepared and served along with the Petition to your spouse. This document notifies your spouse of the divorce action and provides information about their response deadline (21 days if served in Utah, 30 days if served outside Utah). Service must be done by someone at least 18 years old who is not involved in the case, or through certified mail, a private process server, or sheriff's office.

Utah requires both parties to complete and exchange detailed financial disclosures. This document must include all assets, debts, income, and expenses. Be thorough and honest - hiding assets can result in penalties. This disclosure is mandatory even in uncontested divorces and must be filed with the court.

If you were served with divorce papers, you must file a Response to Petition for Dissolution within the deadline specified in the Summons (21 days if served in Utah, 30 days if served outside Utah). Failure to respond could result in a default judgment against you, meaning the petitioner may receive everything requested in their petition.

If you have minor children, Utah requires both parents to attend two classes: a divorce orientation course and a divorce education class. These must be completed before the divorce can be finalized. Certificates of completion must be filed with the court. Classes can be taken online or in person, and fees may apply (approximately $35 per class, with waivers available).

If you have minor children, Utah law requires a detailed Parenting Plan that addresses custody arrangements, visitation schedules, decision-making authority, and communication between parents. Utah courts strongly favor arrangements that maximize time with both parents unless there are safety concerns. The plan must address holiday schedules, transportation arrangements, and methods for resolving future disputes.

Utah uses specific guidelines to calculate child support based on both parents' incomes, the number of children, and the custody arrangement. Complete the appropriate worksheet (sole custody, joint custody, or split custody) using the Utah Child Support Calculator available on the courts website. Medical insurance, childcare costs, and other expenses are factored into the calculation.

Work with your spouse (and attorneys if applicable) to create a comprehensive settlement agreement covering division of all assets and debts, alimony (if applicable), child custody, support, and any other relevant issues. Utah is an equitable distribution state, meaning property division should be fair but not necessarily equal. Consider mediation if you're struggling to reach agreement, as Utah courts may order it anyway if you can't resolve disputes.

If retirement accounts need to be divided, a Qualified Domestic Relations Order (QDRO) must be prepared. This specialized court order instructs retirement plan administrators how to divide accounts without triggering early withdrawal penalties. Each retirement plan may have specific requirements for QDROs, so consider consulting with a financial advisor or attorney specializing in QDROs.

If you and your spouse cannot agree on all issues, Utah requires mediation before a court hearing in most cases. A neutral third-party mediator will help facilitate discussion and potential compromise. You must make a good-faith effort to resolve disputes in mediation. The cost is typically split between parties, though fee waivers may be available.

If issues remain unresolved after mediation, prepare for a court hearing. Organize all financial documents, evidence supporting your positions, and witnesses if needed. Be prepared to testify about contested issues. Dress professionally and address the judge respectfully. If all issues are resolved before the hearing date, you may be able to submit final documents without a hearing.

Prepare and submit the Final Decree of Divorce for the judge's signature. This document incorporates all agreements and court decisions and officially ends the marriage. It must address all relevant issues including property division, debt allocation, spousal support, child custody, visitation, and support. The decree becomes effective immediately upon the judge's signature unless otherwise specified.

If child support or alimony is ordered, Utah typically requires a Wage Withholding Order to ensure payments are made through automatic deductions from the paying spouse's paycheck. This order is sent to the employer, who must begin withholding within 7 business days of receipt. Direct payments between spouses are generally not recommended as they can lead to disputes about payment history.

After the divorce is finalized, update your personal records and accounts. This includes: changing your name (if applicable) on your Social Security card, driver's license, passport, and other identification; updating beneficiaries on insurance policies, retirement accounts, and wills; updating bank accounts, credit cards, and property titles; and notifying creditors, insurance companies, and other relevant entities of your divorce and address change.

Ensure ongoing compliance with all court orders regarding child support, alimony, property transfers, debt payments, and parenting time. Keep detailed records of all payments made or received. If circumstances change significantly (job loss, income change, relocation, etc.), you may need to file for modification of support or custody orders. Failure to comply with court orders can result in contempt charges, fines, or even jail time.