Understanding how divorce works in Utah—from filing and disclosures to temporary orders, settlement, or trial—can help you make informed decisions and avoid costly mistakes. Whether your case is uncontested or contested, and whether it proceeds before a commissioner or a judge, having experienced legal guidance matters. Rifleman Law & Mediation assists clients in Saratoga Springs, Eagle Mountain, Lehi, and throughout Utah with divorce, custody, child support, and family law matters, providing clear advice at every stage of the process.
Divorce in Utah follows a structured legal process governed by statute and the Utah Rules of Civil Procedure. While every case is different, most divorces—whether contested or uncontested—move through the same core stages: filing, service, disclosures, temporary orders if needed, settlement efforts, and final resolution by stipulation or trial.
This overview explains how divorce works in Utah, including cases handled with a court commissioner (as used in many districts in including 2nd, 3rd, and 4th districts) and cases heard directly by a judge.
1. Filing the Petition and Utah’s Waiting Period
A divorce begins when one spouse (the petitioner) files a Petition for Divorce with the district court. Utah law generally requires a 30-day waiting period from the date the petition is filed before the court may enter a final decree of divorce, unless the court finds extraordinary circumstances justifying a waiver.
See Utah Code § 81-4-402.
The waiting period does not prevent the court from entering temporary orders addressing custody, parent-time, child support, alimony, or possession of property while the case is pending.
If the parties have minor children, Utah law also requires completion of mandatory divorce education and parenting courses, unless waived by the court.
See Utah Code § 81-4-402(2)–(3).
2. Service of Process
After filing, the petitioner must properly serve the respondent with the summons and petition. Under the Utah Rules of Civil Procedure, service must generally be completed within 120 days after filing unless the court orders otherwise.
See Utah R. Civ. P. 4(b).
Proper service is critical. A case cannot move forward until service requirements are satisfied or waived.
3. Respondent’s Answer (and Counterpetition)
Once served, the respondent has a limited time to file an Answer. In most Utah divorce cases, the deadline is:
- 21 days after service if served in Utah
- 30 days after service if served outside Utah
See Utah R. Civ. P. 12(a)(1).
The respondent may also file a Counterpetition for Divorce at the same time.
If no answer is filed by the deadline, the petitioner may pursue a default divorce, discussed below.
4. Mandatory Disclosures and Financial Declarations
Utah divorce cases have enhanced disclosure requirements. Each party must exchange initial disclosures and file a complete Financial Declaration, including supporting documentation such as tax returns, pay stubs, bank statements, and debt information.
These disclosures are governed by Utah Rule of Civil Procedure 26.1, which generally requires service of required documents within 14 days after the first answer is filed.
See Utah R. Civ. P. 26.1(c).
Failure to provide accurate and complete disclosures can result in sanctions and may significantly harm a party’s credibility.
5. Temporary Orders and Motion Practice (Including Commissioners)
Most divorces require temporary decisions while the case is pending—especially when children or financial support are involved. Either party may file motions for temporary orders addressing issues such as custody, parent-time, child support, alimony, exclusive use of the home, or attorney fees.
These motions, when before a court commissioner are governed by Utah Rule of Civil Procedure 101, which sets briefing schedules, page limits, and evidentiary rules for motion practice. If there is no commissioner, Utah Rule of of Civil Procedure 7 governs motions.
See Utah R. Civ. P. 101.
Courts That Use Commissioners
In many Utah judicial districts, domestic relations motions are initially heard by a court commissioner rather than a judge. The commissioner conducts the hearing and issues a recommendation. That recommendation becomes the court’s order unless a timely objection is filed.
If a party objects to the commissioner’s recommendation, the objection process is governed by Utah Rule of Civil Procedure 108, which generally requires objections to be filed within 14 days.
See Utah R. Civ. P. 108(a).
Courts Without Commissioners
In jurisdictions or cases where a commissioner is not used, motions are heard directly by a district court judge under Rule 7, and the ruling issued is a final order without the additional objection step.
6. Uncontested Divorce (Stipulated Resolution)
A divorce is considered uncontested when the parties reach agreement on all issues, including property division, debts, custody, parent-time, child support, and alimony.
The parties submit a stipulation and proposed Decree of Divorce to the court. The judge may sign the decree after the statutory waiting period has run (or is waived).
See Utah Code § 81-4-402.
Even uncontested cases must comply with disclosure rules, child-related requirements, and statutory standards.
7. Default Divorce
If the respondent does not file an answer within the time required by Utah R. Civ. P. 12, the petitioner may request a default. However, default does not mean the court automatically grants everything requested. The petitioner must still provide legally sufficient evidence and proposed findings supporting the requested relief.
See Utah R. Civ. P. 55 (default procedure).
8. Contested Divorce and Trial
If the parties cannot reach agreement after disclosures, temporary orders, and settlement efforts (including mediation), the case proceeds as a contested divorce.
Before trial, the parties file required pretrial materials, including trial issues and updated financial information. The case is then tried before a judge, who decides all unresolved issues based on the evidence and Utah law.
After trial, the court enters findings of fact, conclusions of law, and a final Decree of Divorce, subject to the statutory waiting period if not already satisfied.
See Utah Code § 81-4-402.
9. Final Decree and Case Closure
A divorce is final when the judge signs the Decree of Divorce. In cases involving retirement accounts or pensions, additional orders such as a Qualified Domestic Relations Order (QDRO) may be required to complete division of assets.
How Rifleman Law & Mediation Can Help
Whether your case is uncontested, contested, handled before a commissioner, or set for trial before a judge, navigating Utah’s divorce process requires careful compliance with statutes and procedural rules. Strategic planning early in the case can significantly reduce cost, delay, and risk.
If you need guidance through any stage of a Utah divorce, Rifleman Law & Mediation is available to help.