Utah Code Title 30, Chapter 3 - Divorce

Utah allows both no-fault and fault-based divorce. The no-fault ground is 'irreconcilable differences' — neither spouse needs to prove wrongdoing. Fault-based grounds include adultery, impotency at time of marriage, willful desertion for more than one year, willful neglect to provide support, habitual drunkenness, conviction of a felony, cruel treatment causing bodily injury or great mental distress, and living separately under a decree of separate maintenance for three consecutive years.

Effective: 2024

To file for divorce in Utah, the petitioner or respondent must have been an actual and bona fide resident of the county where the action is filed for at least 90 days before filing. Military members stationed in Utah under military orders for at least 90 days also qualify. The petition is filed in the district court of the county where either party resides.

Effective: 2024

The court may not enter a decree of divorce until at least 30 days after the petition is filed, unless extraordinary circumstances exist. The decree becomes absolute at the expiration of a period designated by the court. Neither party may remarry until the decree becomes absolute. The court may waive, alter, or extend the waiting period up to six months from the date the decree is signed and entered.

Effective: 2024

Utah follows equitable distribution — the court divides marital property fairly, which does not necessarily mean equally. The court considers factors including the length of the marriage, each spouse's financial condition and earning capacity, contributions to the marriage (including homemaking), and the property each spouse brought into the marriage. For long marriages, courts often order a roughly equal split; for short marriages, the court generally tries to restore each spouse to their pre-marriage financial position.

Effective: 2024

Marital property includes assets acquired or earned during the marriage, including earned income and property used for the benefit of the marriage. Separate property — assets owned before the marriage, gifts, or inheritances in one spouse's name — generally remains with the original owner and is not subject to equitable division. However, if separate property was commingled with marital property or used for marital purposes, it may be reclassified as marital property.

Effective: 2024

The divorce decree must specify which party is responsible for joint debts, obligations, or liabilities incurred during the marriage. Both parties must notify their creditors about the court's division of debts and provide their separate current addresses. Debts are divided equitably using the same principles as property division — the court considers when and why the debt was incurred, and whether it benefited the marriage.

Effective: 2024

Retirement accounts, pensions, and other deferred compensation earned during the marriage are considered marital property subject to equitable division. The marital portion is generally calculated from the date of marriage to the date of divorce. If both spouses have retirement benefits, the court typically awards each spouse their own benefits. A Qualified Domestic Relations Order (QDRO) may be required to divide employer-sponsored retirement plans.

Effective: 2024

Utah courts decide custody based on the best interest of the child. The court considers multiple factors including: each parent's demonstrated understanding of the child's developmental needs; willingness to allow contact with the other parent; evidence of domestic violence, abuse, or neglect; the parent's moral character; drug or alcohol abuse; who has been the primary caretaker; the child's bond with each parent; keeping siblings together; and the child's stated wishes (weighted more heavily at age 14+). There is no gender preference — neither parent is favored solely based on sex.

Effective: 2024

Utah law creates a rebuttable presumption that joint legal custody is in the child's best interest. This presumption can be overcome by showing domestic violence or abuse, special needs of parent or child that make joint custody unreasonable, or geographic distance that makes joint decision-making impractical. There is no presumption for or against joint physical custody — the court has wide discretion to choose the best parenting arrangement. Joint legal custody does not require equal physical time.

Effective: 2024

When parents cannot agree on a schedule, the court may set one. Utah's advisory parent-time guidelines create a presumption of minimum parent-time for the noncustodial parent. The court must consider evidence of domestic violence or abuse and whether parent-time would endanger the child's safety. The court may also consider the noncustodial parent's availability, chronic patterns of missing scheduled time, and the strength of the parent-child bond. Once established, the schedule may only be changed by mutual consent or court order.

Effective: 2024

Utah provides statutory minimum parent-time schedules based on the child's age. For children ages 5–18, the standard schedule includes alternating weekends (Friday 6 PM to Sunday 7 PM), one weekday evening per week, alternating holidays, and extended summer time. For children under 5, shorter but more frequent visits are provided. These are minimums — parents can agree to more time, and the court can order different arrangements based on the child's best interests.

Effective: 2024

A parent who plans to move 150 miles or more from the other parent's residence must provide written notice at least 60 days before relocating. The court will hold a hearing to determine if the move is in the child's best interest. If it is not and the custodial parent moves anyway, the court may transfer custody. If the move is approved, the court sets a revised parent-time schedule and allocates transportation costs. Failure to give proper notice is contempt of court.

Effective: 2024

The court considers several factors when awarding alimony: the standard of living during the marriage, the financial condition and needs of the recipient, the recipient's earning capacity and work history, the payor's ability to provide support, the length of the marriage, whether the recipient contributed to the payor's education or career, and fault in causing the divorce (though alimony cannot be used as punishment). Alimony generally cannot exceed the length of the marriage unless extenuating circumstances exist.

Effective: 2024

If the receiving spouse has reduced work experience because both spouses agreed that person would stay home to care for children, or if the receiving spouse has a diagnosed disability that reduced their work experience, the court applies special rules before imputing income. The court must consider the spouse's reasonable efforts to improve their employment situation and any barriers to finding or keeping a job. This protects stay-at-home parents from having full-time income attributed to them unrealistically.

Effective: 2024

Either party may petition to modify alimony based on a substantial material change in circumstances not anticipated in the original decree. A party's retirement qualifies as a substantial change regardless of when the divorce was finalized. The court may not modify alimony to address needs that did not exist at the time of divorce unless extenuating circumstances justify it. The court generally cannot consider a payor's new spouse's income, except for their ability to share living expenses.

Effective: 2024

Alimony automatically ends upon the death or remarriage of the receiving spouse, unless the divorce decree specifically states otherwise. If the remarriage is later annulled (void ab initio), alimony payments resume if the paying spouse was part of the annulment action. Alimony also terminates if the receiving spouse cohabits with another person in a marriage-like relationship — meaning they live together in a romantic or sexual relationship on a regular basis.

Effective: 2024

Utah uses the income shares model to calculate child support. Both parents' adjusted gross incomes are combined, and the base support obligation is looked up in a statutory table based on combined income and number of children. Each parent's share is proportional to their percentage of the combined income. The guidelines create a rebuttable presumption — the calculated amount is presumed correct unless a parent shows that deviating would be in the child's best interest.

Effective: 2024

Child support may be modified if there is a substantial change in circumstances. If fewer than 3 years have passed since the order, there must be at least a 15% difference between the current and proposed amounts. If 3 or more years have passed, a 10% or greater difference triggers eligibility for modification. Other automatic grounds include a child turning 18, material changes in health insurance availability, or changes in child care expenses. The change must not be temporary.

Effective: 2024

A divorce petition is filed in the district court of the county where either spouse resides. The petitioner or respondent must have resided in that county for at least 90 days. The court cannot grant the divorce until at least 30 days after filing, unless the court finds extraordinary circumstances (such as domestic violence). The court may enter temporary orders during the waiting period for support, custody, and property protection.

Effective: 2024

All parties with minor children who file for divorce must complete a mandatory divorce orientation course. The course is at least one hour long, neutral and unbiased, and available live, by video, or online. The petitioner must complete it within 60 days of filing; the respondent within 30 days of receiving notice. Cost is capped at $30 ($15 if attended live within 30 days). Indigent parties may attend free of charge. The court cannot grant a final divorce decree until both parties present certificates of course completion.

Effective: 2024

If there are any contested issues after the respondent files an answer, both parties must participate in good faith in at least one session of mediation with a qualified domestic mediator. The cost of mediation is split equally unless the court orders otherwise or the parties agree to a different arrangement. Either party may ask the court to waive the mediation requirement. Mediation does not prevent the court from entering pretrial orders while it is pending.

Effective: 2024

The court enters a decree of divorce based on the evidence presented or, in default cases, upon the petitioner's affidavit as provided by the Utah Rules of Civil Procedure. For parties with minor children, the court generally cannot grant the decree until both parties have completed the mandatory divorce orientation course and mandatory parenting course and presented their certificates. The court has continuing jurisdiction to modify the decree regarding child support, parent-time, and children born after the decree.

Effective: 2024

All monthly child support and alimony payments are due on the 1st of each month and are paid through the Office of Recovery Services (ORS) via income withholding. Each unpaid installment automatically becomes a court judgment on its due date, enforceable as a lien against real property. For purposes other than ORS collection, payments are split: half due by the 5th and half by the 20th of each month. Past-due amounts accrue interest and may be collected through wage garnishment, tax refund intercepts, and other enforcement mechanisms.

Effective: 2024

A victim of domestic violence may petition for a cohabitant abuse protective order in civil court. The order can require the abuser to move out of a shared residence, prohibit contact with the victim, and ban possession of firearms. An ex parte (emergency) order may be issued immediately without the abuser being present. The civil provisions expire after 150 days unless the court extends them for good cause. Violating a protective order is a criminal offense. The court may not grant mutual protective orders unless each party files independently and proves abuse.

Effective: 2024

Utah follows the Uniform Premarital Agreement Act. A prenuptial agreement must be in writing and signed by both parties, but does not require consideration to be enforceable. The agreement can address property rights, spousal support, life insurance beneficiaries, and the disposition of property upon divorce or death. However, a prenuptial agreement cannot waive or reduce a child's right to support, health insurance, or child care. The agreement becomes effective upon marriage and can only be amended or revoked by a written agreement signed by both parties.

Effective: 2024

A prenuptial agreement is unenforceable if the challenging party proves they did not sign voluntarily, or that the agreement was unconscionable and the challenging party was not given reasonable disclosure of the other party's finances and did not voluntarily waive disclosure in writing. Utah courts examine whether both parties had adequate time to review the agreement, access to independent legal counsel, and full knowledge of the other party's assets and debts before signing.

Effective: 2024

The court may not grant custody or parent-time of a child to a parent who was convicted of a sexual offense that resulted in the conception of that child, unless the nonconvicted parent consents or the parents later cohabit. This protection ensures that children conceived through criminal acts are not placed in the custody of the offending parent without meaningful safeguards.

Effective: 2024

If a party to a divorce owns a life insurance policy or annuity contract, the divorce decree must include an acknowledgment by the court regarding the party's beneficiary designations. This ensures that both parties and the court are aware of who will receive death benefits, preventing unintended outcomes where an ex-spouse remains as beneficiary after the divorce. Parties should update beneficiary designations to reflect the divorce decree's terms.

Effective: 2024

When child abuse or child sexual abuse is alleged during divorce proceedings and the allegation implicates a party, the court may order an investigation by the Division of Child and Family Services (DCFS). The final custody or parent-time award cannot be entered until the investigation report is received by the court. DCFS must complete the investigation within 30 days of the court's request. This provision protects children while preventing false allegations from indefinitely delaying proceedings.

Effective: 2024