Divorce in Utah can shake your sense of safety, money, and family. You may feel hurt, angry, or numb. You still need to make hard choices that affect your home, your children, and your future. This guide walks you through each step so you understand what comes next. You learn how to meet basic rules, file papers, and respond to your spouse. You see what the court looks for with property, support, and parenting plans. You also learn when a Utah divorce lawyer may help protect your rights. Clear steps give you structure during a painful time. Plain language helps you speak up for yourself. You do not have to know every law to move forward. You only need to know your options, your deadlines, and your goals. This guide helps you do that with order and steady direction.
Step 1: Check if you can file in Utah
First, make sure the Utah court can hear your case. The court calls this residency.
- You or your spouse lived in Utah for at least three months before filing.
- If you have children, they usually must live in Utah for six months.
- You file in the district court for the county where you or your spouse lives.
You can read the basic rules on the Utah State Courts divorce self help page. That site walks through forms and rules in plain terms.
Step 2: Decide if your divorce is contested or uncontested
Next, look at how much you and your spouse agree. This shapes the time, cost, and stress of the case.
Comparison of Uncontested and Contested Divorce in Utah
| Topic | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Basic meaning | You both agree on money, property, and parenting | You disagree on one or more key issues |
| Time | Closer to the 30 day waiting period | Often many months or longer |
| Cost | Lower court and legal costs | Higher costs due to hearings and more work |
| Stress level | Less conflict and fewer court dates | More conflict and more court dates |
| Control over outcome | You and your spouse decide the terms | Judge makes final decisions |
If you can talk with your spouse, you may move closer to an uncontested case. You still protect yourself. You do not give in on safety or basic needs.
Step 3: Gather key documents
Before you file, collect records. These papers tell the story of your money, debt, and daily life.
- Recent pay stubs and last two years of tax returns
- Bank, credit card, and loan statements
- Mortgage or lease papers and car titles
- Retirement, pension, and investment statements
- Health insurance and life insurance records
- Any past court orders, like protection orders or custody orders
Keep copies in a safe place. You may need them more than once.
Step 4: File the petition and pay fees
You start the case when you file a “Petition for Divorce” with the district court. Utah offers online forms and instructions through its Online Court Assistance Program, also called OCAP.
You also pay a filing fee unless the court approves a fee waiver. If money is tight, you can ask the court to waive the fee by filling out a simple form about your income and expenses.
Step 5: Serve your spouse
After filing, you must give your spouse the papers. The court calls this service. You cannot hand the papers to your spouse yourself.
- You can use a sheriff or a private process server.
- You can sometimes use certified mail if the court allows it.
- You must file proof of service with the court.
Once served, your spouse has a set number of days to respond. If your spouse lives in Utah, the response time is usually 21 days. If your spouse lives outside Utah, the time is often 30 days.
Step 6: Temporary orders for money and parenting
You may need short term rules while the case moves forward. You can ask the court for temporary orders.
- Who lives in the home
- Where the children live and when each parent sees them
- Child support and sometimes temporary spousal support
- Who pays certain bills
These orders keep basic order during a hard time. They are not always the same as the final orders, but they set a pattern, so treat them with care.
Step 7: Share information through disclosures
Both sides must share honest details about money and property. You exchange financial declarations and other disclosures.
- List income, monthly costs, assets, and debts.
- Attach supporting papers.
- Update the court when numbers change.
The court uses this data to decide support and to split property. Hiding money can hurt your case and bring penalties.
Step 8: Work toward settlement or mediation
Utah often requires mediation in divorce. In mediation, a trained neutral person helps you and your spouse talk through money and parenting issues. You try to reach joint terms.
You can bring a support person if allowed. You can also bring a lawyer. You do not need to agree to anything that feels unsafe or unfair. Still, many parents reach clear parenting plans through this process.
The University of Utah offers public guides on child well being during divorce. One helpful resource is the Utah State University Extension divorce and separation page. That page explains how conflict affects children and how to lower emotional harm.
Step 9: Prepare for trial if you cannot agree
If you cannot settle, the case goes to trial. The judge hears both sides and decides property, debt, custody, parent time, child support, and any spousal support.
You gather evidence such as documents, texts, and witness testimony. You follow court rules for sharing this evidence before trial. You also prepare to answer clear questions about your budget, your parenting, and your goals.
Step 10: Final decree and life after divorce
The case ends when the judge signs the Decree of Divorce. This order covers three core parts.
- Money. How to split assets and debts. Who pays support and how much.
- Children. Custody type, parent time schedule, and decision making rules.
- Practical details. Name changes and how to transfer property or accounts.
Keep a certified copy of the decree. You may need it for school forms, taxes, and benefit changes. You also may need to update your will, insurance, and emergency contacts.
When to seek legal help
Some people handle simple divorces on their own. You may still want legal advice if you face any of these risks.
- Domestic abuse or control
- High conflict over children
- High debt or complex property such as a business or many accounts
- Fear that your spouse hides money
Even one meeting with a lawyer can help you see your rights and likely outcomes. You deserve safety, clear rules, and a fair result as you rebuild your life.
