Utah Divorce Law FAQs: Answers You Can Trust

If you’re headed for a divorce, your head must be exploding with many questions. 

Do I need a lawyer for a divorce? What questions should I ask a lawyer when getting a divorce? How quickly can I get divorced? What about my child’s custody? What if my spouse is not cooperating? All these questions seem endless, with no reliable way to find answers.

At Henriksen and Henriksen, we’ve been helping Utah residents search for answers to these tough questions since 1950. And in this post, we’ll break down a few of these commonly asked questions and their answers. 

Let’s dive in. 

1. Can You Get a Divorce Without a Lawyer in Utah?

Technically, yes. Some people handle their divorce without a lawyer. The fancy word for this is “pro se.” Utah allows you to file for divorce on your own, but it’s not advisable. 

Utah’s divorce laws are detailed and complicated. You need to file the right paperwork, pay your fees, follow waiting periods, and know how to divide property and debts. Mixing up even one small thing could drag your case out for months.

If you and your spouse agree about everything, you may be able to do the paperwork yourselves. But if you have kids, a house, a mortgage, or you can’t agree on some things, you’re better off hiring a seasoned Utah divorce lawyer. 

2. What Are Grounds for Divorce in Utah?

Utah is a no-fault divorce state. That means you don’t have to prove your spouse did anything wrong. “Irreconcilable differences” is enough. 

But Utah law also allows “fault-based” divorces. If the circumstances demand, you can file for a divorce under grounds like adultery, cruelty, abandonment, or felony conviction. 

Most people choose no-fault, as it’s simpler and less stressful. But if you’re dealing with abuse or hiding assets, fault grounds may help you in court, especially with child custody or alimony decisions. Also, you should hire a divorce lawyer for complicated cases like these. 

3. Do you need to be a Utah resident to file for a divorce? 

Yes, because Utah divorce laws say that at least one spouse must live in the state and the county where you file for at least three months before you can start. If you have kids, they must live in Utah for six months before the court decides on custody. But there might be exemptions depending on your circumstances. It’s best to consult a divorce lawyer for details. 

4. How Long Does Divorce Take in Utah?

Officially, Utah has a 30-day waiting period after you file before a divorce can be final. But in reality, most divorces take longer, especially if you have kids or assets. If both sides agree and you avoid going to trial, it can be done in a few months. However, fights over custody or property division can stretch things out for a year or more.

5. How Is Property Divided in a Utah Divorce?

Utah divorce laws do not use the word “community property.” Instead, property is divided equitably, which doesn’t always mean 50/50. The judge looks at your situation, like how long you were married and what each person brought into the marriage.

Everything you and your spouse own, including cars, savings, properties, debt, and even retirement accounts, gets split up. If you and your ex-spouse can’t agree, a Utah divorce lawyer can make sure you stand up for what’s yours. 

6. How Is Child Custody Decided in Utah?

Utah state divorce laws say your kids’ best interests come first when deciding custody. The judge will look at things like where each parent lives, who takes care of the kids every day, and what the child wants (if old enough). There are two main parts to custody:

• Legal Custody: Who makes decisions about the child’s health, schooling, and religion?
• Physical Custody: Where do the children live?

Utah law encourages both parents to have time with their kids, unless it might hurt the children. If you and your ex disagree about custody, a Salt Lake City divorce lawyer can help you present your side to the court.

7. What If My Spouse and I Agree on Everything?

If you and your ex agree on property, custody, and support, you might not need a full court fight. You can fill out the forms, submit your agreement for judge approval, and you’re done after the waiting period.

But if you have doubts, even a quick meeting with a divorce family law attorney is worth it. They can check your agreement and identify things you might miss.

8. Do I Need to Go Through Mediation?

Utah divorce laws require parties to go through at least one mediation and attempt to resolve any disputes without going to court. It’s a faster, more cost-effective, and emotionally less draining process. If your spouse is up for it, try to resolve the issues through mediation. 

9. What About Alimony? Who Qualifies for Alimony in Utah?

Utah courts may order alimony if one spouse needs help to maintain the standard of living from the marriage. The judge looks at the length of marriage, each spouse’s income and health, and contributions (including homemaking or supporting each other’s careers).

That said, alimony is not automatic and depends on your case. Fault, like abuse or cheating, can affect alimony decisions, but you should speak with a divorce lawyer as soon as possible. They can explain your options and help you file for alimony.

10. Can I Move Out of State with My Kids After Divorce?

Yes, you can, but not without following Utah divorce laws. If you want to move more than 150 miles away from your ex, you must give 60 days’ notice and may need a judge’s permission. The court looks at how the move will affect your children’s relationship with both parents. Relocation can mean changing custody or parenting time. 

11. What If I Lose My Job or My Income Changes?

You can ask the court to modify child support or alimony orders if you have a big, long-term change in your situation. Utah law requires proof, like job loss, disability, or new custody arrangements. However, temporary or minor changes, or quitting your job on purpose, usually don’t count.

The Bottom Line

Divorce can be an overwhelming process, but knowing what to expect can help you prepare for this life-changing moment. Hopefully, this post answers most of your questions about getting divorced in Utah. But you should speak with a divorce lawyer to help you find your options based on the circumstances. 

At Henriksen & Henriksen, we handle all types of divorces. Our lawyers have helped many couples with or without kids reach an acceptable settlement. Call (801) 521-4145 or fill out our online form to speak with our family law attorneys.