How to File for Divorce in Utah

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.

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.

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 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.