Divorce Resources in Utah

To file for divorce in Utah, you must be an actual and bona fide resident of the county where you file for at least 90 days before filing, as required by Utah Code § 30-3-1. If minor children are involved, you must have resided in Utah with the children for at least six months under the Uniform Child Custody Jurisdiction and Enforcement Act. You file the Petition for Divorce in the district court of the county where you or your spouse resides. Utah Courts recommends using the free MyPaperwork tool at utcourts.gov to generate your petition and all required forms. The filing fee is $325, established under Utah Code § 78A-2-301. If you cannot afford the fee, file Form 1301GEG (Motion to Waive Fees) simultaneously with your petition to request a full or partial fee waiver.

Along with your Petition for Divorce, you must file the Declaration of Jurisdiction and Grounds for Divorce (Form 1051FA), a Utah Department of Health Certificate of Divorce (vital statistics form required by Utah Code § 26-2-25), and a Case Information Cover Sheet. Utah recognizes both fault and no-fault grounds for divorce. The most common no-fault ground is irreconcilable differences under Utah Code § 30-3-1(3)(h). If minor children are involved, you must also file a Proposed Parenting Plan and Child Support Obligation Worksheet demonstrating compliance with Utah Code § 78B-12-301. After filing, you must serve your spouse within 120 days using the sheriff, a constable, or any person over 18 years old who is not a party to the case.

After service, the respondent has 21 days to file an answer if served within Utah, or 30 days if served outside the state. If the respondent files an answer with contested issues, both parties must attend at least one session of mandatory mediation under Utah Code § 30-3-39 before the court will hear motions. Both parties must also exchange Financial Declarations under Utah Rule of Civil Procedure 26.1 within 14 days after the first answer is filed, including two years of tax returns, 12 months of pay stubs, and three months of financial account statements. Utah law imposes a mandatory 30-day waiting period between filing the petition and entry of the divorce decree under Utah Code § 30-3-18. The court may waive this period only upon showing extraordinary circumstances.

When minor children are involved, both parents must complete two mandatory courses: a one-hour Divorce Orientation Course and a two-hour Divorce Education Course, as required by Utah Code § 30-3-11.3 and Utah Code § 30-3-11.4. The petitioner must complete both courses within 60 days of filing, and the respondent within 30 days of being served. The Divorce Orientation Course costs $30 per person, and the Divorce Education Course costs $35 per person. USU Extension is the only court-approved online provider. Certificates of completion must be filed with the court. No hearing on any motion may proceed until the moving party has completed the mandatory education course, with the exception of temporary restraining orders under Rule 65 of the Utah Rules of Civil Procedure.

Utah requires both parents to complete two mandatory education courses before the court will finalize a divorce involving minor children. Under Utah Code § 30-3-11.4, all parties must first attend a one-hour Divorce Orientation Course, which costs $30 per person. Under Utah Code § 30-3-11.3, both parties must also complete a two-hour Divorce Education Course, which costs $35 per person. The petitioner must complete both courses within 60 days of filing the petition. The respondent must complete both courses within 30 days of being served. USU Extension is the only court-approved online provider. The Divorce Orientation Course fee is discounted $15 for a petitioner who attends an in-person class within 30 days of filing, and discounted $15 for a respondent who attends in person within 30 days of service. Online courses are not eligible for the discount. Certificates of completion must be filed with the court. Indigent parents may request fee assistance from the Administrative Office of the Courts under Utah Code § 30-3-11.3(9). A party may file motions but the court may not hear them until the moving party completes the education course, except for temporary restraining orders under Rule 65 of the Utah Rules of Civil Procedure.

Utah mandates divorce mediation when contested issues remain after the respondent files an answer. Under Utah Code § 30-3-39, both parties must participate in good faith in at least one session of mediation with a mediator qualified under criteria established by the Judicial Council pursuant to Utah Code § 78B-6-205. The cost of mediation is divided equally between the parties unless the court orders otherwise or the parties agree to a different arrangement. The director of dispute resolution programs, the court, or the mediator may excuse either party for good cause, including situations where a party does not feel safe or cannot fully express themselves in mediation. In Judicial Districts 1 through 4, a commissioner decides motions to excuse mediation; in Districts 5 through 8, a judge decides. The mediation requirement does not preclude the entry of pretrial temporary orders. Parties may file Form 1907FA to request excusal from mandatory mediation. The mediation roster is maintained by the Utah Courts ADR program at utcourts.gov.

Utah requires comprehensive financial disclosure in all divorce cases. Under Utah Rule of Civil Procedure 26.1, both parties must exchange Financial Declarations (Form 1905FA) within 14 days after the filing of the first answer to the complaint. The Financial Declaration is a court-approved form requiring disclosure of all monthly income, monthly expenses, property and assets, and debts and liabilities, signed under oath. Each party must attach: (1) copies of statements verifying all amounts listed; (2) complete tax returns for the previous two years; (3) the last 12 months of pay statements; (4) all loan applications and financial statements from the 12 months before the petition; (5) documents verifying real estate values including appraisals, tax valuations, and refinance documents; and (6) all statements for the three months before the petition for all financial accounts — checking, savings, money market, CDs, brokerage, investment, retirement — whether open or closed, held individually, jointly, as trustee, or in another's name. A Certificate of Service must be filed confirming delivery. Failure to fully disclose assets and income may result in sanctions under Utah Rule of Civil Procedure 37, including an award of undisclosed assets to the other party and attorney fees.