10 Things You Should Know Before Filing for Divorce in Utah
Filing for divorce is one of the most significant decisions a person can make. If you are considering ending your marriage in Utah, it’s important to understand the legal terrain before taking that step. Below are 10 things to know before filing for divorce in Utah that can help you prepare emotionally and legally for what lies ahead.
1. You Must Meet Utah’s Residency Requirement
Before you file, either you or your spouse must have lived in Utah — and specifically in the county where you plan to file — for at least three months. This residency requirement gives the Utah courts jurisdiction over your divorce case. If minor children are involved, the children generally must have lived in Utah for at least six months for the court to make custody decisions.
2. Utah Allows Both No-Fault and Fault-Based Divorce
Utah is primarily a no-fault divorce state, meaning most people file stating “irreconcilable differences.” However, Utah also recognizes fault-based grounds (such as adultery or neglect), which can influence issues like alimony or property division in rare cases.
3. There Is a Waiting Period Before Finalization
Even after filing, Utah law requires a waiting period — generally 30 days — before a divorce can be finalized. This period gives both spouses time to consider settlement options and allows temporary arrangements to be put in place. In extraordinary circumstances, the court may waive this waiting period.
4. Understand Property and Debt Division
Utah uses the principle of equitable distribution to divide marital property and debt. This means the court will divide assets in a way it considers fair — not always equally — based on factors like length of marriage, income, age, and contributions. Separate property (like gifts or inheritance) usually stays with the original owner, unless it was commingled with marital assets.
5. Temporary Orders Can Protect You During the Process
While your divorce is pending, you can ask the court for temporary orders regarding child custody, support, housing, or financial responsibilities. These orders provide stability during an emotionally charged transition.
6. Child Support and Custody Are Major Considerations
If you and your spouse have children together, the court will address custody (also called parent-time), child support, and related matters as part of the divorce. Utah has specific rules governing how support is calculated (including medical and childcare costs) and how custody decisions are made in the best interest of the child.
7. Mediation May Be Required
In many cases, the Utah courts require mediation — a guided negotiation between you and your spouse — before the case goes to trial. Mediation can help resolve issues with less conflict and lower cost than traditional litigation.
8. Filing Paperwork Properly Matters
The divorce process begins when someone files a Petition for Divorce with the court. This paperwork outlines your requests for child custody, support, property division, and alimony. Proper filing and service of these papers on your spouse are essential steps to avoid delays.
9. Financial Disclosure Is Required
Both spouses typically must disclose financial information — income, debts, expenses, and assets — during the divorce process. Complete and accurate financial disclosure helps ensure fair decisions and avoids legal penalties.
10. A Divorce Isn’t Final Until the Judge Signs
Your divorce is not legally final until a judge signs the decree of divorce. Even after signing, you may need certified copies for things like changing your name or updating wills and accounts.
Filing for divorce in Utah involves much more than submitting forms. From residency requirements and property division to child support and temporary orders, each step carries legal implications that can affect your future. By knowing these 10 things before filing for divorce in Utah, you’ll be better prepared to protect your rights and make informed decisions.
If you’re considering divorce and want personalized guidance, Larsen Legal is here to help you navigate every step of the process with compassion and experience.
