Thinking About Divorce in Utah? Here’s What You Need to Know Before You File
When facing the decision to end a marriage, the divorce process can seem overwhelming. As an experienced Utah divorce lawyer, I help individuals navigate these challenging times with clarity and confidence. In this guide, I will walk you through how to file for divorce in Utah, what to expect, and how to protect your rights from start to finish.
Who Can File for Divorce in Utah?
Before you can file, either you or your spouse must have lived in a single county in Utah for at least three months immediately before filing Divorce. If you have minor children, additional residency requirements apply.
Step 1: Prepare Your Divorce Petition
The first step in any Utah divorce case is to file a Petition for Divorce with the district court.
You must pay a filing fee when you submit your papers unless you request a fee waiver.
Step 2: Serve Your Spouse
Once you file, you must serve your spouse with the Petition and Summons within 120 days. Service can be completed through:
Acceptance of service (your spouse agrees to accept)
Personal service by a sheriff or private process server
Service by mail or publication, if approved by the court
If your spouse does not respond within 21 days (if served in Utah) or 30 days (if served outside Utah), you may request a default judgment.
Step 3: Responding and Temporary Orders
If your spouse responds, the case continues, and you may request temporary orders to address important issues such as:
Child custody and parent-time
Temporary child support
Use of the marital home
Payment of marital debts
These orders protect both parties until the divorce is finalized.
Step 4: Required Divorce Education Classes
If you have children under 18, Utah law requires both parents to complete:
A Divorce Orientation Course
A Divorce Education Course
Certificates of completion must be filed with the court before finalizing the divorce.
Step 5: Resolution or Trial
Many Utah divorce cases settle through mediation. If an agreement is reached, the parties file a stipulation and the final divorce papers. If not, the case proceeds to trial, where a judge will decide issues like property division, child custody, and alimony.
Step 6: Finalizing the Divorce
Once all documents are filed, the judge signs the Divorce Decree. Only then are you officially divorced.
Ready to Take the First Step? We Can Help.
If you are considering divorce and need a trusted Utah divorce attorney, we are here to guide you through every step. Contact us today for a confidential consultation.