Utah Divorce Laws: Residency, Waiting Period, Custody and Support

You or your spouse must have been an actual and bona fide resident of the county where you file for at least 90 days before filing. A member of the U.S. armed forces stationed in Utah under military orders for at least 90 days may also file, and there is an option when both spouses consent to Utah jurisdiction. If you need a custody order, the child usually must have lived in Utah with a parent for at least 6 months before filing, with exceptions.

Utah allows divorce for irreconcilable differences (no-fault). Fault and other grounds also exist: impotency at the time of marriage, adultery after marriage, willful desertion for more than one year, willful neglect to provide the common necessaries of life, habitual drunkenness, felony conviction, cruel treatment causing bodily injury or great mental distress, incurable insanity (with special court procedures), and living apart under a decree of separate maintenance for three consecutive years without cohabitation.

The court may not enter a divorce decree until 30 days after the petition is filed, unless the court finds extraordinary circumstances. Either party may file a Motion to Waive Divorce Waiting Period, which is not granted automatically. The decree generally becomes final when signed and entered, unless the court sets a later date (no more than six months).

The district court filing fee for a petition for divorce or separate maintenance is $350 (fee schedule effective May 6, 2026). The fee for a respondent's answer or counter-petition in a divorce or separate maintenance case is $130, and a motion for a temporary separation order is $35. Other costs can include service fees, the vital records fee and the required classes. If you cannot afford the fees, you can ask the judge to waive them.

Utah has no separate summary divorce, but if the spouses agree on everything they can file a stipulated divorce using the courts' free MyPaperwork online interview. If the respondent signs an Acceptance of Service, Appearance, Consent and Waiver form, or does not answer by the deadline, the petitioner can ask for a default judgment. The 30-day waiting period and, for parents of minor children, the required classes still apply.

Utah uses equitable distribution, not community property. The court generally divides all property acquired during the marriage (marital property), regardless of whose name is on the title. Equitable means fair, which is not necessarily equal; in long marriages it may be a 50-50 split. Property owned before the marriage or received by gift or inheritance during the marriage is usually not marital property and each spouse generally keeps it, unless it has been combined with marital property or used in a way that makes it marital. Retirement contributions made during the marriage are generally divided equitably.

The court must consider at least: the standard of living during the marriage; the receiving spouse's financial condition, needs and earning capacity (including lost work experience from caring for the paying spouse's child); the paying spouse's ability to pay; tax consequences; the length of the marriage; whether the receiving spouse has custody of a minor child; whether the receiving spouse worked in the paying spouse's business; and whether the receiving spouse paid for or enabled the paying spouse's education. The court may consider fault. Alimony generally may not last longer than the length of the marriage, unless the court finds extenuating circumstances or good cause, and temporary alimony counts toward that period. In marriages of 10 years or more where one spouse agreed to reduce work to care for the other's child, there is a rebuttable presumption that the court equalize the parties' standards of living.

The court decides custody and parent-time based on the child's best interests, proven by a preponderance of the evidence, considering a list of statutory factors about each parent and the child. There is a rebuttable presumption that joint legal custody is in the child's best interest, except where there is evidence of domestic violence, neglect or abuse, special needs making it unreasonable, distance between homes, or other relevant factors. The court may consider a child's wishes, which are not controlling; the wishes of a child 14 or older are given added weight but are not the single controlling factor.

Utah uses an income shares model. The guidelines have three parts: base child support, medical care and child care. Statutory tables set a total support amount that the parents share in proportion to their incomes, and the noncustodial parent pays the custodial parent. Parents share the child's share of health insurance premiums, uninsured medical costs and work-related child care equally. In divorce cases, MyPaperwork calculates child support and prepares the worksheets; the Office of Recovery Services also offers an online calculator.

Yes. Parties with minor children must attend a divorce orientation course (at least one hour; no more than $30, or $15 if a live class is taken within 30 days) and a mandatory parenting course. The petitioner must attend within 60 days after filing and the respondent within 30 days after being served. The court generally will not hear motions until the moving party completes the courses, and cannot grant the decree until both parties file certificates of completion, unless the court waives the requirement. People who cannot pay may attend free with an affidavit of indigency. If contested issues remain after the response is filed, the parties must also attend at least one mediation session unless excused for good cause.

Yes, two options. A married person can petition for separate maintenance if one spouse is a Utah resident and the other spouse has deserted, failed to provide support, or lives apart without fault of the petitioner; the court can award support and divide the use of property. Spouses can also file for a temporary separation order without filing for divorce if both have lived in Utah for at least 90 days; those orders last one year or until a divorce is filed or the case is dismissed, and parents of minor children must take the divorce orientation course.

A court may annul a marriage that is prohibited or void under Utah law, or on grounds recognized at common law, existing at the time of the marriage. Void marriages include bigamous marriages, marriages between close relatives, marriages of a person under 18 (unless a 16- or 17-year-old had parental consent and juvenile court authorization, or married before May 14, 2019), and remarriage before a divorce became final. The Utah Courts list common-law grounds such as hiding important information that affects the marriage, force or threats, and a marriage that was never consummated.

Utah does not allow informal marriage without a license, but a court may validate a marriage that was not solemnized if the couple were of legal age and able to consent, legally able to marry, lived together, mutually assumed marital rights and duties, and held themselves out as and had a general reputation as spouses. The petition must be filed during the relationship or within one year after it ends. Under a 2026 amendment, no new petitions may be filed on or after May 5, 2027.

A grandparent may petition for visitation in district court, or in a pending divorce or custody case. The court presumes a parent's decision about grandparent visitation is in the child's best interest. A grandparent can overcome this only by clear and convincing evidence that the grandparent acted as a parent-like custodian or caregiver and losing the relationship would substantially harm the child, or that both parents are unfit or incompetent. The court then considers the child's best interest, including the reasonableness of the parent's decision, the child's age, the death or unavailability of a parent, and the wishes of a grandchild 14 or older.

An adult may petition the district court in the county where the adult lives to change name, stating the reason and the proposed name and that the adult has been a resident of the county for the year before filing. The petition must state whether the person must register on the sex, kidnap and child abuse offender registry, and certain offenders may not file. The Utah Courts provide name change forms and instructions.

Child support generally continues until the child turns 18 or graduates from high school during the child's normal and expected year of graduation, whichever is later. Support also ends if the child dies, marries, joins the U.S. armed forces, or is legally emancipated. A son or daughter of any age who is incapacitated from earning a living and cannot support themselves is still a "child" for support purposes, and the courts' self-help page says a court may order support to continue after 18 for a disabled child who remains a dependent. When one child ages out, the base award is generally adjusted automatically for the remaining children unless the order says otherwise.

Apply for child support services with the Utah Office of Recovery Services (ORS) using its online application (which ORS says is easier for most people) or a paper application that can be printed or requested by mail, in English or Spanish. A separate application is needed for each family group, and you send copies, not originals, of documents such as existing orders or divorce decrees. ORS lists no application fee, but it charges a 6% payment processing fee on payments (capped at $12 a month) and a $35 annual fee once at least $550 has been collected in a federal fiscal year, with exceptions for families receiving Cash Assistance or Medicaid.

In Utah, past-due child support becomes a judgment. Once certain amounts are past due, ORS can automatically intercept federal and state tax refunds and payments from state or local agencies (such as unemployment or workers' compensation), report the debt to credit bureaus and district courts, place liens on property, deny or restrict a passport, and suspend some recreational licenses. ORS can also take money from bank accounts through a lien, suspend driver's, professional and occupational licenses, and collect through income withholding. In court, ORS may start civil contempt proceedings (sanctions can include community service or short-term jail) or refer cases for criminal nonsupport prosecution. A parent can also file a motion asking the court to enforce an order.

A parent, guardian or ORS may ask the court at any time to change support if there has been a substantial change in circumstances, such as material changes in custody, a 30% or greater change in a parent's income, changes in earning ability, the child's medical needs, or a parent's legal duty to support others; a change in the support tables alone does not count. The court adjusts the amount if the change produces a difference of 15% or more from the guidelines amount and is not temporary. If the order has not been issued or changed in the past three years, a party may ask for an adjustment without showing a substantial change, and the court adjusts it if the difference is 10% or more and not temporary. Requests to ORS for review and adjustment must be made in writing, and ORS aims to finish within 180 days.

While a divorce or modification case is pending, a party can file a Motion for Temporary Orders (Utah Rule of Civil Procedure 106) covering custody, parent-time and support. In a modification case, the existing custody order stays in place unless a party shows an exception, including immediate harm where the court must step in quickly, such as new evidence of abuse or severe neglect, a sudden drug or alcohol problem that makes the child unsafe, or a parent threatening to run away with the child. In a divorce with children, the court cannot hear a temporary custody or parent-time motion until parenting class certificates are filed. Forms depend on the judicial district and whether a commissioner or judge hears the case.

Divorce case records are generally private, but the orders and decrees are public. To get a copy of a divorce decree, contact the district court that handled the case; a certified copy costs $4 per document plus $0.50 per page (exemplified copies $6 plus $0.50 per page). The Utah Office of Vital Records issues divorce certificates (an abstract, not the decree) for divorces from 1978 to 2010 to the person named or qualifying family or representatives, online, by mail or at local health departments, for $25 for the first certified copy.

Get a license from the county clerk of any Utah county; it can only be used for a wedding in Utah (special warnings apply to online ceremonies). The application lists each applicant's full name, Social Security number, address, date and place of birth, and parents' names and birthplaces, and the clerk must verify each applicant's age, legal name and identity. Each applicant must file an affidavit that there is no lawful reason preventing the marriage; a power of attorney cannot be used. The ceremony needs two adult witnesses. A license not used within 32 days after issuance is invalid. Counties that use the state premarital counseling program must reduce the license fee by $20 for couples who certify completing premarital counseling or education.

Marriage of anyone under 18 is generally void. A 16- or 17-year-old may marry only with in-person consent of a parent or legal guardian (with documents proving the relationship, identity and birth date) and written authorization from a juvenile court judge or commissioner, who must find the marriage voluntary and in the minor's best interest. The court must require premarital counseling (unless not reasonably available), may impose conditions such as continuing school, cannot authorize the marriage if the parties' ages differ by more than four years, and must wait at least 72 hours after the petition is filed.

An adult may adopt a minor child; a married couple (including a stepparent) or a single adult who is not married may adopt, but an adult cohabiting outside a legal marriage may not unless related to the child or an Indian Child Welfare Act placement. The adopting adult (or one spouse) must be at least 10 years older than the child, and convictions for listed child-abuse, sexual and trafficking offenses bar adoption except in limited cases. Consent or relinquishment is required from the child if 12 or older, the birth mother, a legal or adjudicated parent, an unmarried father who has strictly complied with the statutory requirements, and any placing agency, unless parental rights were terminated. A preplacement adoptive evaluation with criminal background and child abuse checks is generally required before placement, and the final decree generally may not be entered until the child has lived in the home (or been placed) for 90 days. The case is filed in the judicial district where the prospective adoptive parent lives.

Adoption by a stepparent married to the child's parent is expressly allowed. Unless the court requests one, no preplacement adoptive evaluation is required when a birth parent has legal custody and the adoptive parent is a stepparent, though the stepparent must still file criminal background and child abuse report information before finalization. The other parent's consent or relinquishment is needed unless that parent's rights are terminated, and a petition to terminate parental rights may be filed in the adoption case. The final decree generally may not be entered until the child has lived with the stepparent for 180 days, unless the court finds good cause.

A parent may appoint a guardian by will or written instrument, which has priority over a court appointment. Otherwise, the court (in the place where the minor lives or is present) may appoint a guardian for an unemancipated minor if each parent consents after understanding the legal effect, all parental rights have been terminated, or each parent is unwilling or unable to exercise parental rights. The court may appoint anyone whose appointment is in the minor's best interests and must appoint a person nominated by a minor 14 or older unless contrary to the minor's best interests.

The allegedly incapacitated person or anyone interested in their welfare may petition. The court sets a hearing and must appoint an attorney unless the person has their own. A guardian may be appointed only on clear and convincing evidence that the person is incapacitated and that guardianship is necessary or desirable for continuing care and supervision. The court must prefer a limited guardianship and may grant a full guardianship only if no other alternative exists, with a specific finding that nothing less is adequate. Utah law also recognizes supported decision-making agreements, and courts may consider informal supported decision-making as a less restrictive alternative to guardianship.

After the child is born, the birth mother and a man claiming to be the genetic father may sign a declaration of paternity under penalty of perjury in front of two unrelated witnesses; once filed with the Office of Vital Records and Statistics, it equals a legal finding of parentage and can be the basis for a child support order. A signer may rescind by filing a rescission form with the Office of Vital Records and Statistics before the earlier of 60 days after it takes effect or notice of the first court or agency proceeding about the child. After that, it can be challenged only for fraud or duress (any time) or material mistake of fact (within four years of filing). In a parentage case, the court must order genetic testing on a supported sworn request.

File a petition in the district court of the county where you have lived for the year before filing, stating the reason and the proposed name, and whether you must register on the sex, kidnap and child abuse offender registry; a person who is an 'offender' as defined in Utah Code § 64-13-1 may not petition. The court decides what notice, if any, must be given, and may order the change on proof in open court of the petition's allegations and proper cause.

A minor 16 or older may petition the juvenile court on their own behalf, on the court's form, stating that they can live independently and manage their own finances; parents, guardian, any custodian and the Attorney General's Child and Family Support Division get notice. The court may appoint a guardian ad litem and issues a declaration of emancipation if it finds by clear and convincing evidence that emancipation is in the minor's best interests. An emancipated minor may contract, buy and sell property, sue and be sued, keep earnings, borrow money and obtain health care without parental consent, but is not treated as an adult for criminal law or age requirements such as voting, alcohol, tobacco and firearms.

The Utah State Courts' free MyPaperwork interview prepares divorce papers: the documents to start a case (Petition for Divorce), a stipulated (agreed) divorce, an Answer and optional Counterclaim, and default judgment forms. Related court forms include the Acceptance of Service (1022FA), Proof of Completed Service (1020FA), and Income Verification and Statement of Compliance with Child Support Guidelines (1052FA-J); the Utah Department of Health's Certificate of Divorce, Dissolution of Marriage, or Annulment must be filed with the petition. MyPaperwork creates the forms but does not file them: file at the district court in person, by emailing PDF copies to the court, or by mail, and track the case online through MyCase.

Utah's child support agency is the Office of Recovery Services (ORS), part of the Utah Department of Health and Human Services. ORS locates parents, establishes paternity, establishes child support orders, sets and enforces medical support, and collects child support. Apply online (you receive an application number to write on copies of your documents) or with the paper application in English or Spanish; a separate application is needed for each family group. The ORS site has a Pay Child Support page, and the online Case Management System shows payment information, case status and balances. Child Support customer service: (801) 536-8500.

Utah's Office of Recovery Services (ORS, Utah DHHS) offers an online Child Support Calculator that estimates child support amounts from the information you enter and completes the necessary worksheets; printable worksheets reflecting the child support tables in Utah Code Title 81, Chapter 6, Part 3 are also available. ORS says both methods only produce an estimate, and ORS or the court decides the final amount.