Home › Resources › Utah

Filing for divorce in Utah

What you file, where you file, what it costs, and the rules that catch people out. Compiled from Utah court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
Verified Petition for Divorce, stating grounds, usually irreconcilable differences
1015GEJ Summons within Utah, or 1016GEJ if your spouse is out of state
1051FAJ Declaration of Jurisdiction and Grounds
UDOH OVRS Form 404 Certificate of Divorce, separate from the decree and required for vital records
1352FAJ Financial Declaration, with tax returns, pay stubs, and account statements
Domestic Relations Injunction, which takes effect on filing
1052FAJ income verification and child support worksheet, plus a parenting plan, if you have children
Stipulation, Findings of Fact, and Decree of Divorce, plus a Motion to Waive Fees if needed
Where you fileDistrict court in the county where you or your spouse has lived 3 continuous months. E-file at efile.utcourts.gov, usually processed same day.
What it costs$325, plus about $30 for divorce orientation and $35 for the parenting class if you have children. MyPaperwork or OCAP may add a $20 document fee.
The sequence
1. Use the state's free MyPaperwork interview at utcourts.gov to generate the correct forms, or download the PDFs directly. Forms from other websites are often rejected.
2. File the petition, summons, jurisdiction declaration, and certificate of divorce with the district court and pay the fee.
3. Serve your spouse within 120 days. They have 21 days to respond if served in Utah, or 30 days if served elsewhere.
4. If you have children, the petitioner takes the divorce orientation within 60 days of filing and the respondent within 30 days of service, plus both take the parenting course.
5. Exchange Financial Declarations within 14 days of the answer.
6. After the 30-day waiting period, submit the stipulation, findings, and proposed decree.
Your final papers must match the signed stipulation exactly, and discrepancies get the submission rejected. If a fee waiver is denied, you have 30 days to pay or the case is dismissed. Free attorney help is available through the Utah Courts Self-Help Center.
Court forms

Utah files a Petition for Divorce in the district court of your county, most easily through the state's Online Court Assistance Program (OCAP) or MyPaperwork. The filing fee is $325, waivable for low-income filers. Parents with minor children complete two required education courses (about $65 total).

Utah Courts: divorce self-help (OCAP)The official Online Court Assistance Program that builds your Utah divorce forms, with fee waivers.
State rules and gotchas

You need 90 days in the specific county, and the wrong county gets you dismissed Verified Jul 2026

Utah requires 90 days of residency not just in the state but in the exact county where you file. Living elsewhere in Utah does not count, and filing in the wrong county results in dismissal, forcing you to refile and restart.

Source: Utah Code Section 81-4-402. Confirm the current rule with the court before relying on it.

A 30-day wait, but parents have mandatory classes that stretch it out Verified Jul 2026

Utah imposes a 30-day waiting period from filing before a decree can be signed, waived only for extraordinary circumstances. If you have minor children, both parents must also complete two required courses, a Divorce Orientation and a Divorce Education class, before the court will finalize, which typically pushes the timeline toward 90 days.

Source: Utah Code Section 81-4-402. Confirm with the court.

Filing triggers an automatic injunction, and separate property usually stays separate Verified Jul 2026

The moment a Utah divorce is filed, an automatic Domestic Relations Injunction bars both spouses from selling or hiding assets, canceling insurance, or taking the children out of state. Utah is equitable distribution, and property owned before the marriage, gifts, and inheritances generally stay with their owner unless they were commingled with marital assets.

Source: Utah Code Sections 81-4-402 and 81-4-501. Confirm with the court.

Choosing a Utah attorney?

Read reviews from real clients. No sponsored placements, no pay to rank.

Search Utah family law attorneys