5 Things to Know Before Filing for Divorce in Utah
- Van Law
- Mar 27
- 2 min read
Going through a divorce is never easy—but understanding the legal process can help you feel more prepared and confident. Whether you're just starting to consider separation or you're ready to file, it’s important to know what to expect under Utah law. From residency requirements to child custody rules, here are five key things you should know before filing for divorce in Utah. 1. You Must Meet Utah’s Residency Requirements
Before filing for divorce in Utah, at least one spouse must be a resident of the state for at least three months prior to filing. If you have minor children, they must have lived in Utah for six consecutive months for the court to issue custody or parenting time orders.
Tip: If you recently moved to Utah, you may need to wait before initiating the divorce process, especially if custody is involved.
2. You Can File for a No-Fault or Fault-Based Divorce
Utah allows for both no-fault and fault-based divorce filings.
No-fault: The most common reason is irreconcilable differences—meaning the marriage is broken and cannot be fixed.
Fault-based: You can cite grounds like adultery, abandonment, cruelty, drug abuse, or a felony conviction.
No-fault divorces are typically faster and less contentious, but fault-based divorces may impact alimony or custody outcomes.
3. Utah Has a Mandatory 30-Day Waiting Period
Even if both spouses agree on the terms of the divorce, Utah law requires a 30-day waiting period from the date the petition is filed. This waiting period may be waived by a judge under specific circumstances, such as abuse or significant hardship.
Use this time to prepare financial documents, explore parenting plans, and gather any evidence you may need.
4. Property Division Follows “Equitable Distribution”
In Utah, property is not automatically split 50/50. Instead, courts aim for an equitable (fair) distribution of marital assets and debts.
Factors the court considers include:
Each spouse’s income and earning capacity
Contributions to the marriage (financial and non-financial)
Length of the marriage
Custody arrangements
Separate property—like inheritances or assets owned before marriage—may not be divided, unless it was mixed with marital property.
5. Custody and Child Support Are Decided Separately
Child custody is determined based on the best interests of the child, not necessarily on which parent earns more or owns the home. Parenting plans, school routines, and the emotional bond between parent and child are all considered.
Child support is calculated based on a standard formula using:
Income of both parents
Number of children
Parenting time allocation
The court may also require both parents to take a divorce education course if they have minor children.
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