Divorce in Utah
Utah allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and requires at least one spouse to have been a Utah resident for three months. A mandatory 30-day waiting period applies after filing.
Quick Facts
Residency Requirement
3 months residency required
Waiting Period
30 days after filing
Filing Fee
$325-$400
Property Division
equitable distribution
Grounds for Divorce
- •Irreconcilable differences
- •Adultery
- •Cruel treatment
- •Willful desertion for 1 year
Key Facts
- ★Utah has a 30-day mandatory waiting period after filing
- ★Residency requirement is only 3 months
- ★Property is divided by equitable distribution
- ★Both fault and no-fault grounds are available
- ★A mandatory divorce education course is required when minor children are involved
Child Custody
Utah courts determine custody based on the best interests of the child. The court considers the past conduct and moral character of each parent, which parent is more likely to act in the child's best interests, and the preference of the child. Both joint and sole custody are available.
Alimony / Spousal Support
Utah courts may award alimony based on the requesting spouse's financial need, the ability of the other spouse to pay, the length of the marriage, and each party's standard of living during the marriage. Alimony generally cannot exceed the length of the marriage. Fault may be considered.
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Common questions about divorce in Utah
Yes. Utah requires both parents to complete a mandatory divorce education course when minor children are involved. This course covers the impact of divorce on children and must be completed before the divorce can be finalized.
In Utah, the duration of alimony generally cannot exceed the length of the marriage. For example, if you were married for 10 years, alimony would typically be limited to 10 years. The court may deviate in exceptional circumstances.