10 Things to Consider Before Filing for Divorce in Utah

Divorce is one of the most difficult decisions you may ever face. Beyond the emotional weight, there are legal and financial considerations that can impact your future for years. If you are thinking about filing for divorce in Utah, preparing ahead of time will make the process smoother. Below are 10 important things to keep in mind before you begin.

1. Residency Requirements

First, check whether you meet Utah’s residency rules. At least one spouse must have lived in a Utah county for at least three months before filing. Otherwise, the court will not accept your case.

2. Grounds for Divorce

Next, consider your legal grounds. Utah allows both no-fault and fault-based divorces. Most couples choose “irreconcilable differences,” yet you may also claim reasons such as adultery or abandonment. Knowing this in advance helps you and your attorney plan effectively.

3. Child Custody and Parenting Plans

If you have children, custody will be one of the most important issues. Courts in Utah decide custody based on the best interests of the child. Therefore, factors like parental involvement, stability, and caregiving ability all matter. Drafting a parenting plan early can also reduce conflict.

4. Child Support Obligations

Child support is another key consideration. In Utah, payments are calculated using both parents’ incomes and the number of overnights each parent has. As a result, it’s wise to prepare for what you may pay or receive.

5. Division of Property

Utah follows the equitable distribution rule. This means assets and debts are divided fairly, not necessarily equally. For example, the court may review your home, retirement accounts, business interests, and personal property.

6. Alimony or Spousal Support

In some cases, one spouse may need to pay alimony. Courts weigh the length of the marriage, each spouse’s finances, and the standard of living during the relationship. Consequently, spousal support can become a significant part of your divorce settlement.

7. Mediation Requirements

Utah courts usually require mediation before trial. Mediation not only saves time and money but also gives couples more control over the outcome. Moreover, it often leads to less stress compared to a courtroom battle.

8. Timeline and Waiting Period

Utah law imposes a 30-day waiting period after filing. Although courts can sometimes waive it, the overall timeline depends on how contested the case is. For example, uncontested divorces may take a few months, while highly disputed ones can last a year or more.

9. Financial Documents and Preparation

Organizing your finances early makes a big difference. Collect tax returns, bank statements, mortgage documents, retirement accounts, and debt records. With this preparation, you and your attorney can build a stronger case and avoid delays.

10. Hiring an Experienced Utah Divorce Attorney

Finally, selecting the right attorney is crucial. An experienced lawyer can explain your options, protect your rights, and guide you through every step. In addition, having skilled representation reduces stress and helps you make confident choices.

Final Thoughts

Filing for divorce in Utah requires careful planning. By considering residency, legal grounds, custody, support, property division, alimony, mediation, timelines, finances, and legal representation, you’ll be better prepared for what lies ahead.

At Larsen Legal, we know this is a difficult chapter. Our experienced divorce attorneys in Provo and Utah County are here to safeguard your interests and help you move forward with clarity and confidence.