These are the ten questions we hear most often from Utah families facing divorce, custody, and support issues. The answers are general information, not legal advice for your specific situation, so when your case is on the line, talk to an attorney.
Do I need a reason to get divorced in Utah?
Not in the sense of proving wrongdoing. Utah is a no-fault state, and most divorces proceed on the ground of irreconcilable differences, which simply means the marriage cannot continue. Utah also retains fault-based grounds such as adultery, cruelty, and desertion, and fault can occasionally matter, particularly in alimony decisions. For most families, though, no-fault filing is faster, cheaper, and less painful. Our guide to grounds for divorce in Utah explains when raising fault is worth considering and when it only adds cost.
How long does a divorce take in Utah?
Utah requires a 30-day waiting period after filing before a decree can be entered, and either spouse must have lived in the state and county for 90 days before filing. Beyond those minimums, timing depends on agreement. Uncontested divorces often finalize in six to ten weeks, while contested cases commonly run four to nine months, and complex litigation can exceed a year. Our guide to how long a divorce takes in Utah lays out realistic timelines for each track.
How much does a divorce cost?
The court filing fee is currently $325, and fee waivers are available for financial hardship. Total cost depends almost entirely on conflict. A simple uncontested divorce may cost only the filing fee plus modest attorney fees, sometimes on a flat-fee basis. Contested cases grow with each disputed issue, since custody evaluations, discovery, and hearings all carry costs. The most reliable way to control cost is to resolve issues through negotiation and mediation rather than litigation.
Is mediation required?
In most contested divorces, yes. When a respondent files an answer and issues remain disputed, Utah requires at least one good-faith mediation session before trial, though parties can be excused for good cause, including domestic violence. Most cases actually settle there. Our guide to how mediation works in Utah divorce cases explains the process, costs, and how to prepare.
Do mothers automatically get custody in Utah?
No. Utah law contains no preference for mothers or fathers. Courts decide custody based on the best interests of the child, weighing statutory factors like each parent’s caregiving history, the child’s bond with each parent, and each parent’s willingness to support the child’s relationship with the other parent. Utah does presume joint legal custody is in a child’s best interest absent evidence to the contrary. Our guide to the types of child custody in Utah covers the framework.
How is child support calculated?
Utah uses an income shares formula. Both parents’ gross monthly incomes are combined, a base obligation is found on the statutory table, and each parent covers a share proportional to their income. The number of overnights matters too, with a separate worksheet for joint physical custody. Health insurance and work-related child care are shared on top of the base amount. Our guide to how child support is calculated in Utah walks through the math.
Will I pay or receive alimony?
Maybe. Alimony is never automatic in Utah and has no formula. Courts weigh factors including the marital standard of living, the requesting spouse’s needs and earning capacity, the other spouse’s ability to pay, and the length of the marriage, and alimony generally cannot last longer than the marriage did absent special findings. Outcomes turn heavily on the evidence presented, which makes preparation and advocacy decisive.
Can my spouse refuse to sign the divorce papers?
Your spouse can refuse to cooperate, but cannot stop the divorce. If a properly served spouse fails to respond, the court can enter a default judgment. If the spouse responds and disputes issues, the case simply proceeds as contested through disclosure, mediation, and if necessary trial. One spouse’s resistance slows a divorce; it never vetoes it.
Can custody or support orders be changed later?
Yes, when there has been a substantial and material change in circumstances, such as a significant income change, relocation, or safety concerns, and, for custody, when the change serves the child’s best interests. Special rules apply when a parent plans to move 150 miles or more from the other parent, including 60 days’ advance written notice. Our guide to modifying custody and support orders in Utah covers the standards and process.
Do I really need a lawyer?
Not always, and we will tell you honestly if you do not. Simple uncontested cases with no children and few assets can sometimes be handled with the court’s self-help resources. But when children, meaningful property, support, or safety are involved, or when the other side has counsel, representation protects you from permanent mistakes. Even in amicable cases, having an attorney review the settlement before you sign is inexpensive insurance.
Get Answers About Your Specific Situation
General answers only go so far. Felt Family Law & Mediation has focused exclusively on Utah family law since 2016, serving families through our divorce law practice. Consultations are always free. Contact us today and get answers that fit your facts.
