Divorce Laws in Utah: Complete 2026 Guide

Utah recognizes both no-fault and fault-based grounds for divorce under Utah Code § 81-4-405. The most commonly used ground is irreconcilable differences, which is the state's no-fault option. Under this ground, the petitioner must certify that the marriage has experienced serious problems that cannot be resolved and that there is no reasonable chance of reconciliation. No specific evidence of wrongdoing by either spouse is required, making this the simplest and most popular path to divorce in Utah. Utah also recognizes a second no-fault ground: when the spouses have lived separately under a decree of separate maintenance from any state for three consecutive years without cohabitation (Utah Code § 81-4-405(1)(j)). This ground applies to couples who have been legally separated for an extended period and now wish to formally dissolve the marriage. The fault-based grounds for divorce in Utah, as enumerated in Utah Code § 81-4-405(1)(a)-(g) and (i), include: (a) impotency of the respondent at the time of marriage; (b) adultery committed by the respondent after the marriage; (c) willful desertion of the petitioner by the respondent for more than one year; (d) willful neglect of the respondent to provide the common necessaries of life; (e) habitual drunkenness of the respondent; (f) conviction of the respondent for a felony; (g) cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress; and (i) incurable insanity. While fault-based grounds are available, most petitioners in Utah choose to file under the no-fault ground of irreconcilable differences because it is simpler, faster, and does not require proving specific misconduct. However, fault may still be relevant in some cases because Utah courts are permitted to consider marital misconduct when determining alimony under Utah Code § 81-4-502(2). A spouse's fault — such as adultery, abuse, or financial misconduct — may influence the terms of spousal support, though judges may not use alimony purely as punishment.

To file for divorce in Utah, at least one spouse must meet the state's residency requirements as set forth in Utah Code § 81-4-402(1). Specifically, either the petitioner or respondent must have been an actual and bona fide resident of the state of Utah and of the specific county where the divorce action is filed for at least 90 days (three months) immediately preceding the filing of the petition. This is a dual requirement — both state and county residency must be established for the same 90-day period. Utah's residency requirement is notable because it requires county-level residency, not just state residency. If you recently moved to a new county within Utah, you must wait until you have lived in that county for 90 days before filing there. However, if your spouse still resides in the county where you previously lived and meets the 90-day requirement, the divorce could be filed in that county instead. Members of the U.S. armed forces who are not legal residents of Utah may also file for divorce in the state if they have been stationed in Utah under military orders for at least three months immediately before filing. Additionally, Utah law provides that if neither spouse meets the standard residency requirement, a court may still exercise jurisdiction if both parties consent to the Utah court deciding their divorce case. For cases involving minor children, there is a separate jurisdictional consideration under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The child must generally have lived in Utah with a parent for at least six consecutive months before a custody order can be issued. This 'home state' requirement is separate from the divorce residency requirement and ensures that custody matters are handled by the state most familiar with the child's circumstances.

Utah is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally upon divorce. Under Utah Code § 81-4-204 (formerly § 30-3-5), the court has broad discretion to divide marital assets and debts in a manner it deems just and equitable based on the circumstances of each case. Utah courts have held that there should be 'exceptional circumstances' to warrant a significantly unequal division, meaning that a roughly equal split is often the starting point. Only marital property — assets and debts acquired during the marriage — is subject to division. Separate property, such as assets owned before the marriage, inheritances received by one spouse, or gifts specifically given to one spouse, generally remains with that individual. However, if separate property has been commingled with marital property or has increased in value due to marital efforts, it may become subject to division. The court carefully traces the origins and treatment of each asset when making its determination. When dividing property, Utah courts consider a range of factors including: the financial circumstances of each spouse; the duration of the marriage; each spouse's contribution to acquiring, preserving, or increasing the value of marital assets (including homemaking and childcare contributions); the needs of the custodial parent to remain in the marital home; and any other relevant factors. For long-term marriages, courts tend to favor a division closer to 50/50, while for shorter marriages, the court may attempt to restore each spouse to their pre-marriage financial position. The court also has authority to divide marital debts and can specify which party is responsible for the payment of joint obligations incurred during the marriage. Retirement accounts, pensions, and business interests are common subjects of property division disputes and may require professional valuations or the use of Qualified Domestic Relations Orders (QDROs) to properly divide.

Alimony (spousal support) in Utah is governed by Utah Code §§ 81-4-501 through 81-4-505 and is not automatically awarded — it must be requested and justified based on the circumstances. Utah courts use a needs-based analysis: the primary purpose of alimony is to enable both spouses to maintain a standard of living as close as possible to what they enjoyed during the marriage. Unlike child support, there is no formula for calculating alimony in Utah; instead, judges exercise discretion based on statutory factors. Under Utah Code § 81-4-502(1), the court considers several factors when determining alimony, including: the financial condition and needs of the recipient spouse; the recipient's earning capacity and ability to produce income; the ability of the payor spouse to provide support; the length of the marriage; whether the recipient spouse has custody of minor children requiring that spouse to remain in the home; whether the recipient directly contributed to the payor's increase in earning power (such as paying for education or training); the standard of living existing at the time of separation; and any other relevant factors. The court may also consider marital fault — including adultery, physical abuse, or financial misconduct — as one factor among many, though alimony may not be used purely as punishment (Utah Code § 81-4-502(2)). Utah's general rule is that alimony cannot be ordered for a period longer than the length of the marriage, measured from the date of marriage to the date the divorce petition is filed (Utah Code § 81-4-502(7)). However, the court may extend alimony beyond this period if it reviews the order before the termination date and finds extenuating circumstances. The 2024 legislative session (HB 220) further clarified and codified rules regarding imputed income for recipients, equalization of standards of living in marriages exceeding 10 years, and the treatment of retirement as a substantial change in circumstances for modification purposes. Alimony automatically terminates upon the remarriage or death of the recipient spouse (Utah Code § 81-4-505). If the recipient begins cohabiting with a new partner in a marriage-like relationship, the payor may petition the court to terminate alimony — but must do so within one year of discovering the cohabitation (Utah Code § 81-4-504(3)). Either party may seek modification of an alimony order upon demonstrating a substantial and material change in circumstances not contemplated in the original decree. Utah courts recognize four general models of alimony: traditional (ongoing periodic support), rehabilitative (time-limited support to help a spouse become self-sufficient), reimbursement (compensating a spouse who supported the other through education or training), and lump-sum payments.

Child custody in Utah is governed by Utah Code Title 81, Chapter 9 (Custody, Parent-Time, and Visitation), effective September 1, 2024. Utah distinguishes between legal custody (the right to make major decisions about the child's upbringing, including education, healthcare, and religious instruction) and physical custody (where the child lives on a day-to-day basis). The overriding standard in all custody determinations is the best interests of the child, determined by a preponderance of the evidence under Utah Code § 81-9-204. Utah law includes a rebuttable presumption that joint legal custody is in the best interest of the child (Utah Code § 81-9-205), meaning courts generally expect both parents to share decision-making authority unless there are compelling reasons otherwise — such as domestic violence, abuse, neglect, or a parent's inability to cooperate. There is no similar presumption regarding joint physical custody; instead, the court examines a wide array of factors to determine the appropriate physical custody arrangement. Joint physical custody is defined as each parent having the child for at least 111 overnights per year (more than 30% of the time). Under Utah Code § 81-9-204(3)-(4), the court considers numerous factors when determining custody, including: evidence of domestic violence, abuse, or neglect; each parent's demonstrated understanding of and ability to meet the child's developmental needs; each parent's willingness to foster a relationship between the child and the other parent; the past conduct and moral character of each parent; the child's relationship with each parent and with extended family members; the benefit of keeping siblings together; the child's preference (if of sufficient age and maturity); and any other factor the court finds relevant. The sex of the parent is not a permissible factor in Utah custody determinations. When parents cannot agree on a custody arrangement, the court will make a determination based on these best-interest factors. If any form of joint custody is requested, each parent must file a proposed Parenting Plan (Utah Code § 81-9-203) that includes provisions for decision-making, a parent-time schedule, dispute resolution procedures, and arrangements minimizing disruption to the child's routine. Utah also provides statutory minimum parent-time schedules for non-custodial parents under Utah Code §§ 81-9-302 through 81-9-304, depending on the child's age.

Filing for divorce in Utah begins with preparing and submitting a Petition for Divorce to the district court in the county where either spouse resides. Utah has modernized this process through its MyPaperwork system (replacing the older OCAP system), an online interview-based tool that generates customized forms based on your specific situation. The essential documents typically include: the Petition for Divorce, a Certificate of Divorce (a vital statistics form required by the Utah Department of Health), a Case Information Cover Sheet, a Summons, and a Declaration of Jurisdiction and Grounds. There is a $20 fee for using the MyPaperwork system. When you file the petition, you must pay the court filing fee of approximately $325. If you cannot afford the filing fee, you may request a fee waiver by submitting a Motion to Waive Fees (Form 1301GEG) along with documentation of your financial hardship. After filing, you must serve your spouse with copies of the divorce papers. Utah law prohibits you from personally delivering the papers; instead, service must be accomplished by a person aged 18 or older who is not a party to the case, such as a constable, sheriff, private process server, or another qualified individual. Service can be accomplished through personal delivery, certified mail, or other court-approved methods. After being served, the respondent has 21 days to respond if served within Utah, or 30 days if served outside the state. If the respondent agrees with the terms of the petition, they may file a stipulation rather than a formal response, allowing the case to proceed as uncontested. If the respondent does not respond within the allowed time, the petitioner may request a default judgment. If the respondent contests any issues, both parties must exchange financial disclosures and participate in at least one session of mandatory mediation before the case can proceed to trial (Utah Code § 81-4-403). If minor children are involved, both parents must complete a mandatory Divorce Orientation course (approximately $30 per person) and a Divorce Education course (approximately $35 per person) before the final decree can be entered. These classes can be taken online or in person and cover topics including the impact of divorce on children and alternatives to litigation. Once all requirements are met, the mandatory 30-day waiting period has elapsed, and either the parties have reached agreement or the court has made its rulings, the judge will sign the final Decree of Divorce. Divorce cases in Utah are heard exclusively by the Utah District Courts, which are the state's courts of general jurisdiction. Utah has eight judicial districts, each covering specific counties, and divorce petitions must be filed in the district court of the county where either the petitioner or the respondent resides. The district courts have full authority over all aspects of a divorce case, including property division, spousal support, child custody, parent-time, and child support (Utah Code § 81-4-204). Within the district court system, divorce and family law cases are often handled by judges who specialize in or are regularly assigned to domestic relations matters. Some districts also utilize Domestic Relations Commissioners — judicial officers who assist district court judges by conducting hearings on temporary orders, pretrial conferences, and other preliminary matters. Recommendations made by commissioners are subject to review by the assigned district court judge. If a party disagrees with the district court's final judgment in a divorce case, they may appeal to the Utah Court of Appeals, which is the state's intermediate appellate court. The Court of Appeals reviews the trial court's findings of fact for clear error and its legal conclusions for correctness. From the Court of Appeals, a party may seek further review by the Utah Supreme Court, the state's highest court, although the Supreme Court has discretion over which cases it will accept for review (certiorari jurisdiction). Utah's court system has embraced technology to facilitate access to justice in family law cases. The state's e-filing system allows parties to submit divorce documents electronically, and the MyPaperwork tool helps self-represented litigants prepare their forms. The Utah Courts' self-help website (utcourts.gov) provides extensive resources including instructions, form libraries, and information about required classes and mediation programs. While justice courts (Utah's limited jurisdiction courts) handle certain civil matters, they do not have jurisdiction over divorce or family law cases — these matters are exclusively within the domain of the district courts.

Utah imposes a mandatory 30-day waiting period between the filing of a divorce petition and the entry of a final decree of divorce. This requirement is set forth in Utah Code § 81-4-402(3)(a) (formerly § 30-3-18), which provides that the court may not enter a decree of divorce until 30 days after the day on which the petition is filed. This waiting period applies to all divorces, whether contested or uncontested. The 30-day waiting period serves as a cooling-off period, giving the parties time to reconsider or attempt reconciliation before the divorce becomes final. During this period, the court may issue interim or temporary orders addressing matters such as child custody, spousal support, possession of the marital home, and restraining orders as the court considers just and equitable (Utah Code § 81-4-402(3)(b)). The court has discretion to waive the 30-day waiting period if it finds that extraordinary circumstances exist. While the statute does not define what constitutes extraordinary circumstances, courts have applied this exception in situations involving domestic violence, urgent safety concerns, or other compelling reasons that justify an immediate dissolution. To request a waiver, a party must file a motion with the court explaining the extraordinary circumstances. It is important to note that some older resources and law firm websites may reference a 90-day waiting period. This was the previous waiting period under the former version of the statute. The current law, effective since the recodification, imposes only a 30-day waiting period. However, the overall timeline for completing a divorce in Utah depends on many factors beyond the waiting period, including whether the case is contested, the complexity of issues involved, and court docket availability. An uncontested divorce can often be finalized within 30 to 90 days, while contested cases may take six months to over a year.