To file for divorce in Utah, here are the essential steps and requirements:
- Residency Requirement:
- You or your spouse must have lived in Utah and in the county where you plan to file for at least 3 months immediately before filing.
- There is an exception for military members stationed in Utah.
- Grounds for Divorce:
- Utah is a no-fault divorce state; the most common ground is "irreconcilable differences."
- Fault-based grounds are also allowed but are less common and can complicate the process.
- Filing the Petition:
- The spouse filing for divorce (called the petitioner) files a Petition for Divorce with the District Court in the appropriate county.
- The petition outlines requests on custody, support, alimony, property division, etc.
- A filing fee is paid (around $318 as of 2025), with the possibility of a fee waiver if you qualify.
- Serving the Papers:
- After filing, the petition and summons must be legally served on the other spouse (the respondent), typically by sheriff, process server, or certified mail.
- The respondent has 21 days (if served in Utah) or 30 days (if served outside Utah) to respond.
- Waiting Period:
- There is a mandatory 30-day waiting period after filing before the divorce can be finalized. This can sometimes be waived by the court in special circumstances.
- Temporary Orders:
- Either spouse can request temporary orders during the process to address issues like custody, support, or use of the family home.
- Finalizing Divorce:
- If the respondent agrees, the divorce may proceed uncontested.
- If contested, court hearings will decide outstanding issues.
- If the respondent does not answer, the petitioner may request a default judgment.
You file in the District Court in the county where you or your spouse reside. It’s advised to consult with an attorney for guidance and to ensure documents are properly prepared. This overview covers the main process to file for divorce in Utah.
