Getting a Divorce in Utah

Documents for uncontested divorce can be completed using the Online Court Assistance Program

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Background Information

A divorce ends marriage and all direct legal relationships between couples, except those relationships and obligations specified in the divorce decree. These may include such things as spousal support, parenting arrangements and support of children, division of property and payment of debts. Utah divorce laws allow for no-fault divorce on the grounds of irreconcilable differences.

Index to Divorce Resources

Frequently Asked Questions: General Divorce Issues

Frequently Asked Questions: Child Custody and Support Issues

How-To: Get a Divorce

A judge grants a divorce after the necessary paperwork has been submitted to the court, and all required appearances before the judge are completed. In some cases, you do not have to be physically present in the court to get a divorce. You may file the paperwork yourself, or obtain a lawyer's assistance. If you want to do the paperwork yourself, you may use this program.

The Online Court Assistance Program may be used if:

  • You and your spouse have no more than six children.
  • You and your spouse's combined income is less than $10,100 per month.*
    *This applies only to child support calculations. If you do not have children at issue in the divorce, there is no income limitation.
If either of these restrictions applies to you, consult an attorney to help in your divorce.

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How-To: Obtain a Certified Divorce Decree

A certified divorce decree is a copy of your divorce decree that has been stamped or certified by the court in which you obtained your divorce.

To obtain a certified decree, contact the courthouse in which you obtained your divorce. This may be done by mail or in person. Courthouse addresses organized by county may be accessed by clicking here.

Steps By Mail

  1. Send a request for a certified divorce decree to the courthouse in which you obtained the divorce, along with the following information:
    • Husband's name (the name which appears on the divorce decree)
    • Wife's name (the name which appears on the divorce decree)
    • The approximate date of the divorce
    • The place (county) in which you were divorced.
    • The case number (optional, but helpful if you have it)
  2. Include a self-addressed, stamped envelope and payment. The cost for the decree is $4.00 for the certification and $.50/page. If your divorce decree is 10 pages long, the cost will be $9.00. If your divorce decree is 17 pages long, the cost will be $12.50.
  3. The court clerk will locate the original divorce decree, make a copy, certify it, and return it to you. This process usually takes 10 days.
Steps In Person
  1. Bring the following information to the courthouse in which you obtained your divorce.
    • Husband's name (the name which appears on the divorce decree)
    • Wife's name (The name which appears on the divorce decree.
    • The approximate date of the divorce
    • The place (county) in which you were divorced.
    • The case number (optional, but helpful if you have it)
  2. The court clerk will locate the original divorce decree, make a copy, and certify it. The fee for a certified divorce decree is $4.00 for the certification and $.50/page. If your divorce decree is 10 pages long, the cost will be $9.00. If your divorce decree is 17 pages long, the cost will be $12.50.

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How-To: Enforce Your Divorce Decree

If one party fails to follow the agreements in the divorce decree, the other party may:
  • File an "Order to Show Cause," asking the court to affirm that a party is not complying with the decree and, therefore, is in contempt of the court's order. The court will then hold a hearing on the Order to Show Cause.
  • If a party is not in compliance, the court will either enforce the decree or discipline the party, possibly by a fine..
  • If the party not in compliance has failed to meet financial responsibilities, a judgment may be entered.
  • Garnishment, or attachment and sale of non-exempt property, must then be obtained, so that the judgment may be collected.
  • A non-compliant party may also be jailed for contempt.

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How-To: Make a Paternity Claim

To ask the court to issue a judgment of paternity for your child, file a petition. After the petition has been filed, the court will notify you and the other party of a hearing date. If paternity is disputed, the court may order a blood or genetic marker test to determine paternity.

A number of organizations will assist a mother or child in determining paternity. Please check the Additional Resources section below for details.

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Frequently Asked Questions: General Divorce Issues

What is an annulment? What is legal separation? What is the difference between legal separation and divorce?

Annulment
In very unusual circumstances you can get your marriage annulled. An annulment is a way to have the court say that a marriage never existed. This is different from a divorce, which ends a legal marriage.

You should talk to an attorney to discuss whether an annulment or divorce is right for your situation. The court's Finding Legal Help page has information about finding an attorney and free legal clinics.

Utah's annulment law says these are the statutory reasons a person can get an annulment:

  • One person was married to someone else.
  • One person was under 18, and that person's parent did not give legal consent.
  • One person was under 14 (if before May 3, 1999) or under 16 (if after May 3, 1999).
  • One person's divorce decree was not yet final, so the person was still legally married to someone else.
  • The marriage was between parties of the same sex.
  • The marriage was between close relatives (such as a brother and sister) who are not permitted to marry.

There are also common law reasons that allow a court to grant an annulment. Examples of common law reasons are:

  • Misrepresentation - such as a spouse not saying that he was still married, or that he was incapable of having children.
  • Refusal to consummate the marriage.

Legal separation
The parties live separately, but remain legally married to one another. The couple's rights and duties to each other are set forth in a Decree of Legal Separation, which covers matters such as custody and child support, spousal support, division of property and payment of debts. The legal procedures are similar to those for divorce, except that there are grounds for legal separation only when one spouse is deserted by the other, or when a person refuses or neglects to provide for his or her spouse. If the couple later decides to divorce after they have been legally separated, they must file a separate action for divorce.

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What is mandatory divorce mediation?

When an answer is filed in response to a divorce complaint (petition), all remaining contested issues are referred to mediation. Both parties to the divorce must attend at least one mediation and attempt to resolve the disputed issues. This must be done before the case can move forward in the court, unless the parties are excused from mediation for good cause.

Information about this mediation requirement can be found on the Divorce Mediation page

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Do parties to a divorce need to take divorce education?

After filing a petition for a divorce and receiving a docket number, divorcing parents who have children must attend two classes: a one-hour Divorce Orientation class, and a two-hour Divorce Education class. This class requirement must be met before the court will sign a divorce decree, unless a court determines that attending the course is not feasible, or is not in the best interests of the parties. More information and the schedules for these classes can be found here.

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I have been told I need an exemplified divorce decree. Is that different than a certified divorce decree?

Yes. An exemplified divorce decree is required in some instances. For example, an entity outside the state of Utah might require an exemplified divorce decree. An exemplified decree includes some additional verifications, performed by the court. If you need an exemplified decree, state that in your request to the court. The other information you provide is the same as for a certified divorce decree. Because of the additional steps required, an exemplified divorce decree costs an additional $2.00.

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What can a lawyer do for me?

Even a simple divorce requires many documents, and may require at least one appearance before the judge. The lawyer is responsible to help you through that process. It is the lawyer's role to give you up-to-date information on laws involving children, support, and property division. The lawyer acts as your advocate and assists you in negotiating an agreement that is in your best interest and will minimize future problems. If a divorce agreement cannot be reached with your spouse, the lawyer will represent you at court appearances .

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Can the same lawyer represent both my spouse and me?

No. There is always a conflict of interest between spouses, which prevents a lawyer from adequately representing both sides in a divorce.

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What does a divorce cost?

Costs and fees for a divorce can vary greatly. For a list of filing fees for civil cases (such as divorce cases), small claims cases, counterclaims, expungements and more, click here. There may be other costs such as service fees by the sheriff or constable. Some lawyers charge a flat rate for divorces, depending on the amount of work involved. Other lawyers charge an hourly fee. Contact a lawyer to inquire about costs and fees, and be sure you have a complete understanding of the charges and billing rates. There are many qualified lawyers available. Be sure you find one with whom you are comfortable. Please refer to our page on obtaining legal assistance by clicking here If you choose to represent yourself through the Online Court Assistance Program, which costs $20, click here.

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What are the residency requirements for a divorce?

The following residency requirements apply for getting a divorce in the state of Utah:

  • At least one party must have been a resident of the county where the divorce was filed. for a minimum of three months immediately before filing the divorce petition.
  • If there are children, generally the children must have resided in the state for a minimum of six months. To simplify divorce and custody proceedings, parents should wait until the children have lived within the state for six months before filing for divorce.

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If I "settle" my case, who decides what settlement I accept, me or my lawyer?

The client must always make the decision about settlement terms. The lawyer's role is to advise whether, in his or her view, the proposed terms are reasonable. The lawyer is required to submit every settlement proposal to the client for review and decision. If you use a mediator, you must still approve all settlement terms.

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Can I relocate?

Utah law requires that, if either parent decides to move from Utah or more than 150 miles from the residence, then that parent must provide reasonable advance written notice. The right to relocate is an issue that probably should be decided as part of custody and parent time (visitation). A custodial parent usually is not prohibited from leaving the state with the children.

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Does Utah allow alimony and who can get it?

Either party may request and be granted alimony. Regardless of gender, alimony may be ordered on a temporary basis or pending trial, as well as for a longer period after entry of the divorce decree.

In determining alimony, the courts consider at least the following factors:

  1. The financial condition and needs of the recipient spouse. This includes monthly debts and obligations that the recipient spouse must pay, and the availability of funds to pay these debts.
  2. The recipient's earning capacity or ability to produce income. This includes income received or available from all sources, past employment history, ability or inability to work, passive income received, etc.
  3. The ability of the payor spouse to provide support. This includes income received from all sources by the payor spouse, examined against all debts and obligations that the payor spouse must pay. As a general rule, debts may not be incurred to defeat alimony.
  4. The length of the marriage: the longer the marriage, the greater the likelihood of an alimony award.
The courts may consider the fault of the parties in determining alimony. As a general rule, the courts consider the standard of living that existed at separation in determining alimony. In marriages of short duration, with no children conceived or born during the marriage, the court may consider the standard of living that existed when the marriage began. Sometimes, courts will try to equalize the parties' respective standards of living.

Alimony may be reviewed and modified if conditions change. Alimony terminates automatically upon remarriage or cohabitation by the recipient spouse. Alimony may not be ordered for a period that exceeds the length of the marriage, except in extenuating circumstances.

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How is property divided?

Utah law recognizes that both spouses contribute to the property acquired during marriage, regardless of the income source. Utah requires an "equitable," though not necessarily equal, division of such property, depending upon how long the marriage lasted, the age and health of the parties, their occupations, the amounts and sources of income. and related matters. The courts have the power to divide all property owned by either or both of the spouses, regardless of whose name it is in or where it is located, and there are special rules for dividing property owned by the spouses before marriage or received by gift or inheritance. Usually, these properties are considered separate. If the parties divide their property by agreement, the judge must review the decision to be sure that it is fair; however, the property division cannot be reopened after it is final, except under a few limited circumstances.

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Who pays the debts incurred during the marriage?

Usually, parties agree about who should pay each of their joint debts. If they cannot agree, then the court must decide. However, the parties' agreement or the court's decrees are binding only between the parties. Utah law allows notice to be given to creditors about which party is responsible for debt. However, creditors are not required to honor the division of joint debts in the divorce decree or agreement, except for medical expenses for minor children after the creditor has been provided with a copy of the court or administrative order. Thus, if the spouse who is supposed to pay fails to do so, the creditors may seek payment from the other spouse, who has to try to collect the money from the one who was supposed to pay. [See Utah Code §15-4-6.5 and §15-4-6.7]

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How long does it take to get a divorce in Utah?

A decree of divorce can be granted immediately if the parties have reached an agreement and, if they have minor children, if they have both attended the Divorce Education and Divorce Orientation classes. If parties do not have minor children, Utah law requires a 90-day waiting period, which may be waived for good cause.

Also, before proceeding to pretrial or trial, parties to a divorce must attend at least one mediation session to attempt to resolve disputed issues. More information about mandatory divorce mediation can be found on the Divorce Mediation page

If parties do not reach an agreement through mediation or other alternative dispute resolution methods, then there will be hearings and, potentially, a trial before the assigned judge. The divorce may not become final for a matter of months, or even a year.

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Frequently Asked Questions: Child Custody and Support Issues

Who makes the decisions about child custody and support, property division, special maintenance, and other matters?

Utah law encourages couples, as much as possible, to make these decisions between themselves, and to create a written divorce agreement, often with the help of their lawyers. Trained mediators can also help couples with these negotiations. The court will approve any reasonable agreements made by the couple.

If agreement about all issues are reached after a divorce action has been filed, you can use OCAP, the Online Court Assistance Program, to complete the paperwork to file that agreement with the court.

If the couple cannot agree on one or more of these issues, the court will make the decision for them. In many courts, commissioners who specialize in divorce matters will first hear the issues. If the matter goes to trial, the judge will make the final decision. There is no jury in Utah divorce cases.

For information on child support enforcement, the Office of Child Support Enforcement (OCSE) provides an electronic version of its bilingual handbook on child support enforcement.

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What kinds of child custody are there and how will custody be decided?

Utah recognizes several custody arrangements for minor children. These include:

  • Sole Legal and Sole Physical: Either party can be awarded the "sole" custody of the children. That means one parent has physical custody of the children and makes the major decisions about the children's lives. If sole custody is awarded, the non-custodial parent is awarded "parent time" (visitation) with the children. Utah has a standard schedule of parent time (visitation), which allows weekly contact, alternating holidays, alternating weekends, and overnights for children five and older. Parties can vary the standard schedule and create any schedule of parent time (visitation) that is appropriate for them and the children. Schedules often vary from the standard schedule depending on the ages of the children and how far apart the parents live. Parent time (visitation) for children under five depends on the best interests of the children.
  • Joint Legal and Joint Physical: This arrangement is one in which both parents make important decisions concerning their children. Joint custody is most successful when both parents communicate well with one another and are willing to work together to take care of the children's needs.

    "Joint" custody can be divided into two different types of custody.

    1. Joint "legal" custody can have several interpretations. Minimally, it means that both parents make joint decisions about major issues affecting the children. Joint legal custody does not affect the children's physical residence.
    2. Joint "physical" custody means that the parties share physical time with the children, who live in both homes. Joint physical custody normally requires that the parents live in the same town or general area. As of July 1, 2000, in order for joint physical custody to be allowed, children must spend over 110 nights a year in each home. Sometimes, parents agree to a joint custody arrangement that designates one parent as the "primary" parent.

  • Joint Legal and Sole Physical: In this arrangement, children live with one parent over 225 nights per year, while the other parent has regular parent time (visitation rights). Both parents however, are involved in decisions affecting the child.

Parents can fashion any custody or parent time (visitation) arrangement that is in their children's best interests, and the court will allow that arrangement to be part of the decree of divorce. When parents cannot agree on parent time arrangements, the minimum parent time schedule set by statute can be found by clicking below."
The minimum schedule for parent time (visitation) for children 5-18 (§30-3-35, Utah Code)
The minimum schedule for parent time (visitation) for children under 5 (§30-3-35.5, Utah Code)

Custodial parents may not withhold rights of parent time (visitation) if child support is not being paid. Nor can child support be withheld if parent time (visitation) is being denied. The court can award sanctions against a custodial parent who prevents parent time (visitation).

Divorcing parents with children must take two classes: a one-hour class about the divorce process, and a two-hour class about divorce and its impact on children. These classes must be attended before a divorce will be granted. More information and the schedules for these classes can be found here.

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How is child support decided, how long does it continue, and can it ever be changed?

Utah law provides Child Support Guidelines used by the courts to calculate a parent's child support obligation. The guidelines have three components:

  1. Base child support
  2. Medical care
  3. Child-care expenses.
A table determines the combined support obligation for the children, which is shared between the parents according to their incomes. The non-custodial parent pays child support to the custodial parent. In addition, the guidelines require parents to provide medical insurance coverage for their minor children, if it is available, sharing the costs of the children's portion of the premium, in addition to sharing any non-insured medical expenses (including deductibles and co-payments).Finally, the courts require the parents to share work-related child-care expenses. Child support continues until the child is 18 and has completed high school. Upon petition by either parent, the courts may increase or decrease the child support obligation, if there have been significant changes in income or in other circumstances since the divorce decree was entered.

Utah courts generally set child support according to the guidelines although, in unusual circumstances, they may order a different amount. The parties can agree upon child support amounts that meet the Child Support Guidelines, but the courts must approve their agreement before it becomes an enforceable order of support. Courts may enter an order requiring a non-custodial parent's employer to withhold the child support amount from the parent's earnings, unless the parties agree to another method of payment.

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Additional Resources

If you have more questions about divorce or custody proceedings, or if you are representing yourself in this process, free legal advice and referrals from volunteer attorneys are available in various locations throughout Utah. Information about those locations may be found by clicking here.

If you are a mother or a child interested in determining paternity, contact one of these resources:

  1. Utah State Department of Human Services: Family Support Office: 801-538-4100
  2. Utah State Department of Human Services: Recovery Services Office: 1-800-662-8525

Courthouse Addresses

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Page Last Modified: 1/9/2008