Utah Divorce: Process and Waiting Period

Utah offers both no-fault and fault-based grounds for divorce under Utah Code Title 30, Chapter 3. The state imposes a mandatory 30-day waiting period before the divorce can be finalized. Utah also requires a mandatory divorce education class for divorcing parents and mandatory mediation for custody disputes. This article covers the full Utah divorce process.

For a broad overview of how divorce works across all 50 states, see our complete guide to divorce.

Residency Requirement

Before filing for divorce in Utah, the filing spouse must have been a bona fide resident of the state and of the county where the action is filed for at least three months before the date the petition is filed. Under Utah Code Section 30-3-1(2), both state and county residency must be established.

No-Fault Ground

Utah recognizes one no-fault ground for divorce:

Irreconcilable Differences

Under Utah Code Section 30-3-1(3)(h), a court may grant a divorce on the ground of irreconcilable differences of the marriage. Unlike Tennessee and some other states, Utah does not require the other spouse’s consent to use this ground. One spouse can file on the basis of irreconcilable differences regardless of whether the other spouse agrees.

This is the most commonly used ground in Utah. The filing spouse simply states that irreconcilable differences exist. There is no requirement to prove fault or wrongdoing.

Fault-Based Grounds

Utah also provides several fault-based grounds under Utah Code Section 30-3-1(3). Fault can influence alimony and property division decisions. The fault grounds include:

Impotency (Utah Code Section 30-3-1(3)(a))

The other spouse was impotent at the time of the marriage. This ground is rarely used in modern practice.

Adultery (Utah Code Section 30-3-1(3)(b))

The other spouse committed adultery during the marriage — voluntary sexual intercourse with someone other than their spouse. Adultery can affect alimony determinations, as the court may consider it when evaluating the requesting spouse’s entitlement to support.

Willful Desertion (Utah Code Section 30-3-1(3)(c))

The other spouse willfully deserted the filing spouse for more than one year without justification.

Willful Neglect (Utah Code Section 30-3-1(3)(d))

The other spouse has willfully neglected to provide the common necessaries of life despite having the ability to do so.

Habitual Drunkenness (Utah Code Section 30-3-1(3)(e))

The other spouse is a habitual drunkard — a pattern of excessive alcohol use that damages the marital relationship.

Cruelty (Utah Code Section 30-3-1(3)(f))

The other spouse has treated the filing spouse with cruelty causing bodily injury or great mental distress, or has been convicted of a felony.

Incurable Insanity (Utah Code Section 30-3-1(3)(g))

The other spouse has permanent and incurable insanity established by competent medical testimony. This ground is rarely used.

The Mandatory Waiting Period

Utah imposes a mandatory 30-day waiting period before a divorce can be finalized. Under Utah Code Section 30-3-18, the court may not enter a decree of divorce until at least 30 days after the petition is filed. This waiting period applies to all divorces — with or without minor children. (Note: Utah previously required a 90-day waiting period for divorces involving children, but this was eliminated in 2018.)

In practice, contested divorces take significantly longer — often 6 to 12 months or more.

Filing Fees

The filing fee for divorce in Utah is approximately $325. This fee is paid to the district court clerk when the petition is filed. Additional costs may include:

• Service of process fees — $25 to $75 for the constable or process server
• Divorce education class — approximately $30 to $80 per person
• Mediation costs — if required for custody disputes, fees vary by mediator but typically range from $100 to $300 per session per party
• Certified copies — approximately $5 to $10 per document
• Online court assistance program (OCAP) — free for those who qualify

If you cannot afford the filing fee, you may petition the court to waive it by filing a motion to waive fees with supporting financial documentation.

Mandatory Divorce Education Class

Utah requires all divorcing couples with minor children to complete a mandatory divorce education course. Under Utah Code Section 30-3-11.3, each party must attend and complete an approved divorce education class within 60 days of filing the divorce petition.

The course covers the impact of divorce on children, strategies for minimizing harm, communication techniques for co-parenting, and available resources. It is typically available in person or online, lasts one to two hours, and costs between $30 and $80. Both parents must complete the course independently, and the court will not finalize the divorce until both have submitted certificates of completion.

Mandatory Mediation for Custody Disputes

Utah requires mandatory mediation for all custody and parent-time disputes before the case can proceed to trial. Under Utah Code Section 30-3-39, the court must order mediation in contested custody cases unless there is evidence of domestic violence or child abuse that makes mediation inappropriate.

During mediation, a trained mediator helps the parents negotiate a custody arrangement and parenting schedule. The mediator does not make decisions — the parents do. If mediation succeeds, the agreement is submitted to the court. If it fails, the case proceeds to a custody evaluation or trial. Costs are typically shared between the parents.

The Step-by-Step Filing Process

1. Meet the residency requirement. The filing spouse must have lived in Utah and in the county of filing for at least three months.
2. File the petition. The petitioner files a Petition for Divorce with the district court clerk and pays the filing fee.
3. Serve the other spouse. The respondent must be formally served, typically by a constable, sheriff, or private process server.
4. The respondent answers. The respondent has 21 days (or 30 days if served outside Utah) to file an answer.
5. Complete the divorce education class. Both parents must complete the course within 60 days of filing.
6. Attend mediation (if custody is disputed). The court orders mediation for contested custody issues.
7. Discovery and negotiation. In contested cases, both sides exchange financial documents and negotiate toward a settlement.
8. Observe the waiting period. The court cannot finalize the divorce until 30 days after filing.
9. Settlement or trial. If the parties agree, they submit a stipulated agreement. Otherwise, the case goes to trial.
10. Decree of divorce. The judge enters a Decree of Divorce ending the marriage.

Property Division: Equitable Distribution

Utah is an equitable distribution state. Under Utah Code Section 30-3-5, the court divides marital property in a manner that is fair and equitable, though not necessarily equal. Factors the court considers include:

• Length of the marriage
• Age and health of each spouse
• Each spouse’s income and earning capacity
• Each spouse’s contributions to the marriage — including homemaking and child-rearing
• How and by whom property was acquired
• The tax consequences of the division
• Whether either spouse attempted to hide, dissipate, or destroy marital assets

Separate property — assets owned before the marriage or received by gift or inheritance — is generally awarded to the owning spouse unless commingled with marital property.

Alimony in Utah

Utah courts may award alimony based on the factors listed in Utah Code Section 30-3-5(10). Key considerations include:

• The financial condition and needs of the requesting spouse
• The requesting spouse’s earning capacity
• The ability of the paying spouse to provide support
• The length of the marriage
• Whether the requesting spouse has custody of minor children requiring them to stay home
• Whether the requesting spouse directly contributed to the paying spouse’s earning capacity (such as putting them through school)
• Fault of the parties — including adultery and other misconduct

Utah law generally limits alimony duration to the length of the marriage. Alimony terminates upon the death of either party, the remarriage of the recipient, or the recipient’s cohabitation with another person.

What to Do Next

If you are considering divorce in Utah, start by gathering your financial records — tax returns, bank statements, pay stubs, property deeds, and retirement account statements. Remember the mandatory requirements: you must complete the divorce education class within 60 days of filing, and if custody is disputed, you must attend mediation before trial.

For more information, see our guides on contested vs. uncontested divorce, how much divorce costs, and how to file for divorce.

To discuss your situation with a qualified family law attorney, schedule a free consultation. An experienced Utah divorce attorney can help you understand your rights and navigate the process.

Frequently Asked Questions

How long does a divorce take in Utah?

The minimum timeframe is 30 days from filing. Uncontested divorces can often be finalized shortly after the waiting period expires. Contested divorces typically take 6 to 12 months or longer, depending on the complexity of the issues.

Is there still a 90-day waiting period for divorces with children?

No. Utah eliminated the 90-day waiting period for divorces involving minor children in 2018. The waiting period is now a flat 30 days for all divorces, regardless of whether minor children are involved.

Does Utah require a separation before filing for divorce?

No. Utah does not require a period of separation before filing. You can file for divorce as soon as you meet the three-month residency requirement. However, the mandatory waiting period after filing still applies.

What happens if I do not complete the divorce education class?

The court will not finalize your divorce until both parties have completed the mandatory divorce education course and submitted proof of completion. Failure to complete the class can delay your divorce and may result in court sanctions.

Does fault affect the outcome of a Utah divorce?

Yes. While most Utah divorces are filed on the no-fault ground of irreconcilable differences, fault can influence the court’s decisions on alimony. The court considers the fault of the parties — including adultery, cruelty, and other misconduct — when determining whether to award alimony and in what amount. Fault has less direct impact on property division, though dissipation of assets is always relevant.