FAQ: Divorcing in Utah

Our team of seasoned family law attorneys at Lokken & Putnam, P.C. understands that deciding to divorce your spouse is a difficult decision that will severely impact your family’s future. That is why we are committed to providing top-notch legal services to clients who need guidance and advice regarding their divorce cases. Here are answers to some of the common questions we get from clients who are contemplating divorce.

Question #1: Are there prerequisites to file for divorce?

A: Married couples who want to divorce in Utah must first reside in a county of the state for at least three months prior to filing a petition to divorce. If you have minor children, you must attend a divorce orientation class and a divorce education class before the divorce can be finalized by the court.

Question #2: What fees do I have to pay when I get divorced?

A: The following are the costs and fees you will be responsible for if you plan to divorce your spouse. It is important to note that each one can vary greatly:

  • Fee to file the petition
  • Online Court Assistance Program (OCAP) fees
  • Fee for the Office of Vital Records and Statistics
  • Fees to serve the petition and summons
  • Lawyer fees
  • Copying costs
  • Fees for the Divorce Education class and the Divorce Orientation class (if you have minor children)

Question #3: Is there a waiting period for divorce?

A: In Utah, there is a 30-day waiting period that goes into effect between the date the petition is filed and the date the decree is signed. If there are extraordinary circumstances, then you can seek to waive the waiting period.

Question #4: Are there different types of divorce?

A: There are two types of divorces in Utah: no-fault divorces and fault divorces. Spouses generally try to file for a no-fault divorce because the process is easier, faster, and cheaper. If you are filing for a no-fault divorce, then you can list the following grounds on the petition:

  • Irreconcilable differences
  • Living apart for three consecutive years without cohabitation under a decree of separate maintenance by any state.

If you are filing for a no-fault divorce, you can list the following grounds:

  • Adultery
  • Willful desertion by the respondent for at least a year
  • Impotency at the time of marriage
  • Habitual drunkenness of respondent
  • A felony conviction
  • Cruel or abusive treatment
  • Incurable insanity

Do you have more questions about filing for divorce in the state of Utah? If so, please reach out to our dedicated legal professionals so we can provide you with the legal counsel you need to ensure your best interests are protected. Call (801) 829-9783 to request your case consultation today.