- Waiting period
- 30 days
All divorces (parties with a minor child must also complete mandatory courses before the decree, § 81-4-406(2))[1]
Key facts: divorce in Utah
| Waiting period | 30 days[1] details ↓ |
|---|---|
| Residency requirement | 90 days (county)[1] details ↓ |
| No-fault divorce | Yes[2] details ↓ |
| Property division | Equitable distribution[2] details ↓ |
| Court mediation for custody | Required[2] details ↓ |
| Court mediation fees | Split equally by default[2] details ↓ |
Statutes and court rules as checked October 26, 2026. Not legal advice.
What are the divorce laws in Utah?
Not legal advice. These are plain-English summaries of Utah’s statutes and court rules as of the date shown on each; they can change and courts apply them case by case. Read the linked source or ask a lawyer licensed in Utah.
Waiting period
30 days
A Utah court may not enter a divorce decree until 30 days after the petition is filed unless it finds extraordinary circumstances.[1]
Utah Code § 81-4-402(3)(a) · checked October 26, 2026
Show statute text
“The court may not enter a decree of divorce until 30 days after the day on which the petition is filed, unless the court finds that extraordinary circumstances exist.”
Residency requirement
90 days (county)
Either spouse must have been an actual and bona fide resident of the county where the petition is filed for at least 90 days before filing; a service member stationed in Utah for 90 days also qualifies.[1]
Utah Code § 81-4-402(1) · checked October 26, 2026
Show statute text
“the individual or the individual's spouse is an actual and bona fide resident of the county where the petition is filed for at least 90 days before the day on which the petition is filed;”
No-fault divorce
Yes, fault grounds also exist
Utah allows divorce for irreconcilable differences of the marriage, alongside fault grounds such as adultery and willful desertion.[2]
Utah Code § 81-4-405(1)(h) · checked October 26, 2026
Show statute text
“(h) irreconcilable differences of the marriage;”
“(b) adultery committed by the respondent subsequent to marriage;”
Property division
Equitable distribution
In a divorce decree the court may include equitable orders about the parties' property, debts and obligations.[2]
Community property in Utah: the statute quoted →
Utah Code § 81-4-406(4) · checked October 26, 2026
Show statute text
“The court may include in the divorce decree any equitable orders relating to:”
“(c) any property, debts, or obligations.”
Court mediation for custody
Required
Utah has a mandatory domestic mediation program: if any issues remain contested after a response is filed, the parties must take part in good faith in at least one mediation session, unless excused for good cause.[2]
Utah Code § 81-4-403 · checked October 26, 2026
Show statute text
“If there are any remaining contested issues after the filing of a response to a petition for divorce, the parties shall participate in good faith in at least one session of mediation.”
“The director of dispute resolution programs for the courts, the court, or the mediator may excuse either party from the requirement to mediate for good cause.”
Court mediation fees
Split equally by default
Unless the court orders otherwise or the parties agree, the cost of the required divorce mediation is divided equally between the spouses.[2]
Utah Code § 81-4-403(4) · checked October 26, 2026
Show statute text
“Unless otherwise ordered by the court or the parties agree upon a different payment arrangement, the cost of mediation shall be divided equally between the parties.”
Alimony
Court decides, within limits
Utah courts set alimony after weighing at least nine statutory factors, including the marital standard of living, the recipient’s needs and earning capacity, the payer’s ability to pay and the length of the marriage; fault may also be considered. Alimony generally may not last longer than the marriage did, unless the court finds extenuating circumstances or good cause.
Divorce rate
3.0 per 1,000 residents (2024)
Utah’s courts granted 3.0 divorces per 1,000 residents in 2024, down from 4.3 in 2000; the U.S. rate was 2.3. In the Census Bureau’s 2024 survey, 7.6 of every 1,000 women 15 and older in Utah divorced in the past year (±1.4; U.S. 6.9), a different measure.[4][5]
Divorce rates by state, with sources → · CDC/NCHS NVSS; Census ACS · checked October 27, 2026
Estimate your divorce cost in Utah: mediation vs. court →
How child support is calculated in Utah →
Mediators per 100,000: MediationList listings from official court and government rosters in Utah (225) ÷ population (3,503,613, U.S. Census Bureau, Vintage 2024 county population estimates (July 1, 2024)) × 100,000, the same figure as mediator statistics.[3]
Questions about divorce in Utah
How long does a divorce take in Utah?
The law sets the minimum, not the total: A Utah court may not enter a divorce decree until 30 days after the petition is filed unless it finds extraordinary circumstances. How long it takes after that depends on whether you agree and on the court's calendar. — Utah Code § 81-4-402(3)(a)[1]
How long do you have to live in Utah to file for divorce?
Either spouse must have been an actual and bona fide resident of the county where the petition is filed for at least 90 days before filing; a service member stationed in Utah for 90 days also qualifies. — Utah Code § 81-4-402(1)[1]
Is Utah a no-fault divorce state?
Utah allows divorce for irreconcilable differences of the marriage, alongside fault grounds such as adultery and willful desertion. — Utah Code § 81-4-405(1)(h)[2]
Is Utah a community property state?
No. In a divorce decree the court may include equitable orders about the parties' property, debts and obligations. — Utah Code § 81-4-406(4)[2]
Is mediation required for custody in Utah?
Utah has a mandatory domestic mediation program: if any issues remain contested after a response is filed, the parties must take part in good faith in at least one mediation session, unless excused for good cause. — Utah Code § 81-4-403[2]
How much does court mediation cost in Utah?
Unless the court orders otherwise or the parties agree, the cost of the required divorce mediation is divided equally between the spouses. — Utah Code § 81-4-403(4)[2]
More
Sources
Utah’s statutes and court rules, read on the official site, plus federal statistics; each with the date we checked it.
- Utah Code § 81-4-402(3)(a) (Utah State Legislature)↩
- Utah Code § 81-4-405(1)(h) (Utah State Legislature)↩
- U.S. Census Bureau, Vintage 2024 county and state population estimates (July 1, 2024)↩
- CDC/NCHS, National Vital Statistics System: Divorce rates by State: 1990, 1995, and 2000-2024↩
- U.S. Census Bureau, American Community Survey 2024 1-year estimates, table https://data.census.gov/table/ACSDT1Y2024.B12503↩