Divorce in Utah: Laws, Requirements, and Process
A complete guide to getting a divorce in Utah. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 3 months in the state.
- Waiting period: 30 days from filing (may be waived).
- Filing fee: $300 - $350.
Grounds for Divorce
Utah allows no-fault divorce. The no-fault ground is: Irreconcilable differences of the marriage.
Fault-Based Grounds
Utah also recognizes these fault-based grounds for divorce:
- Adultery
- Impotency at the time of marriage
- Willful desertion for more than one year
- Willful neglect to provide the common necessities of life
- Habitual drunkenness
- Conviction of a felony
- Cruel treatment causing bodily injury or great mental distress
- Incurable insanity
- Living separate and apart for 3 years under a judicial decree of separation
Residency Requirements
3 months in the state.
Property Division
Utah is an equitable distribution state. Utah follows equitable distribution. Courts divide marital property fairly based on the duration of the marriage, the marriage's effect on the earning capacity of each spouse, each party's financial condition and needs, and whether property was acquired before or during the marriage.
Alimony / Spousal Support
Utah courts may award alimony based on the financial condition of the requesting spouse, the requesting spouse's earning capacity, the ability of the other spouse to pay, the length of the marriage, whether the requesting spouse has custody of minor children, and the fault of the parties.
Child Custody
Utah courts determine custody based on the best interest of the child. Factors include the past conduct and demonstrated moral standards of each parent, which parent is most likely to act in the child's best interest, the extent to which each parent has been the primary caretaker, and the maturity of the child.
Child Support
Utah uses the income shares model. Child support guidelines consider both parents' adjusted gross incomes, the number of children, the custody arrangement, and costs for health insurance and childcare.
Filing Fee
The filing fee for divorce in Utah is $300 - $350. Fee waivers may be available for those who cannot afford to pay.
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Utah?
Utah allows no-fault divorce based on irreconcilable differences. The state also recognizes fault-based grounds including adultery, impotency, desertion, neglect, habitual drunkenness, felony conviction, cruel treatment, and incurable insanity.
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How long do you have to live in Utah to file for divorce?
At least one spouse must have been a resident of Utah for at least 3 months before filing for divorce, one of the shorter residency requirements among U.S. states.
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How is property divided in a Utah divorce?
Utah uses equitable distribution. Courts divide marital property fairly based on the length of the marriage, each party's financial condition and needs, and each spouse's contributions to the acquisition of property.
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How long does a divorce take in Utah?
Utah has a 30-day waiting period from filing, which may be waived by the court for good cause. Uncontested divorces can be finalized in approximately 1 to 3 months. Contested cases may take 6 months or longer.