Frequently Asked Questions – Utah Divorce, Custody, Support, and Modifications
(The information provided here is for general information only. Information, Statutes and cases may change without notice.)
How do I contact Rifleman Law & Mediation?
You can call us directly at 801-510-0503. Or, you may use our Contact Form to request a Free Initial Consultation .
Do you offer free consultations?
Yes, we do. Free consultations are normally limited to 30 minutes. Call us to schedule a consultation at 801-510-0503, or fill out a request for a Free Initial Consultation.
What geographical areas do you serve?
Rifleman Law & Mediation offers its legal and mediation services throughout northern and central Utah. We are based in Saratoga Springs and serve clients across Salt Lake County, Utah County, Tooele County (Tooele, Grantsville, Erda, Lakeside, Stockton, faust) and the Wasatch Front. If you live or work in one of the communities below (or anywhere along the Wasatch Front), we can help with family-law matters (divorce, custody/support, parentage/paternity, alimony, child support, property division, enforcement, and decree modifications), mediation, personal injury, estate planning, and business law. See more information on our Service Areas.
How long does alimony last in Utah?
In Utah, alimony generally may not exceed the length of the marriage, unless the parties agree otherwise or the court finds exceptional circumstances. Alimony typically terminates upon the remarriage of the recipient or upon cohabitation that results in a material reduction of need. Utah Code § 81-4-502; Mark v. Mark, 2009 UT App 374, 223 P.3d 476.
What factors do Utah courts consider when awarding alimony?
Courts evaluate the financial condition and needs of the recipient spouse, the paying spouse’s ability to pay, the standard of living established during the marriage, the duration of the marriage, and the recipient’s earning capacity. Marital fault may be considered where appropriate. Utah Code § 81-4-502; Dahl v. Dahl, 2015 UT 23, 345 P.3d 566.
Can alimony be modified after a divorce is finalized?
Yes. Alimony may be modified if there is a substantial and material change in circumstances that was not contemplated at the time of the divorce decree. The burden is on the party seeking modification. Utah Code § 81-4-504; MacDonald v. MacDonald, 2017 UT App 136, 402 P.3d 64.
What qualifies as a substantial change for modifying child support?
Examples of what qualifies for child support order modification include significant income changes, job loss, changes in custody or parent-time, or increased needs of the child. Utah courts retain discretion in determining whether a change is substantial to change child support. Utah Code § 78B-12-210(9); Larsen v. Larsen, 818 P.2d 553 (Utah Ct. App. 1991).
How do I change my child support order in Utah?
A party may file a petition to modify child support if there is a material change in circumstances or if three years have passed and a recalculation would result in at least a 10% difference. Utah Code § 78B-12-210.
Can non-parents obtain visitation or parent-time in Utah?
In limited circumstances, yes. Grandparents and other non-parents may petition for parent-time but must overcome the presumption favoring parental decision-making and show that denial would cause harm to the child. Utah Code § 81-9-403; Jones v. Jones, 2008 UT App 113, 182 P.3d 384.
How do I modify a divorce decree or paternity decree involving custody or support?
A petition to modify must be filed in the court that issued the original decree. The petitioner must demonstrate a substantial and material change in circumstances and that the proposed modification is in the child’s best interest. Utah Code § 81-4-504; Mann v. Mann, 979 P.2d 429 (Utah Ct. App. 1999).
Can parents create a custom parenting plan instead of using Utah’s standard schedule?
Yes. Utah courts allow custom parenting plans so long as they serve the child’s best interests and promote frequent and continuing contact with both parents. Hogge v. Hogge, 649 P.2d 51 (Utah 1982).
What are the Advisory Guidelines for Parent-Time in Utah?
The Advisory Guidelines for Parent-Time are found in Utah Code § 81-9-202. They provide developmental guidance for custody and parent-time arrangements and are frequently used by courts and mediators.
How is parenting time typically divided in Utah divorces?
Utah provides statutory schedules, including minimum parent-time, expanded schedules, and joint physical custody arrangements up to 50/50 overnights. Courts encourage parents to agree on schedules rather than rely on court-imposed orders. Utah Code § 81-9-202.
Will I have to appear in court for my Utah divorce?
Uncontested divorces may require minimal or no court appearances. Contested divorces typically involve multiple hearings, including temporary orders, mediation certification, and trial if settlement is not reached.
How much does a divorce cost in Utah?
The filing fee is approximately $325. Attorney fees vary widely. A contested divorce involving children often ranges around $7,000 or more, with significantly higher costs in complex or trial-heavy cases.
Do I need a lawyer for a Utah divorce?
An attorney is not legally required, but representation is strongly recommended in contested cases involving custody, assets, or support. Legal counsel helps protect rights and reduce long-term risk.
Can I modify my divorce decree in Utah?
Yes. Custody, child support, and alimony may be modified upon a substantial change in circumstances not anticipated at the time of the decree.
How is child support calculated in Utah?
Child support is calculated using both parents’ incomes, the number of children, and the custody arrangement. Utah provides statutory worksheets and calculators administered through ORS.
Is Utah a 50/50 custody state?
Utah does not presume 50/50 custody. Courts focus on the child’s best interests. While joint custody is common, it is not automatic.
How is property divided in a Utah divorce?
Utah follows equitable distribution. Property is divided fairly, not necessarily equally. Marital homes are often sold with equity divided, and retirement accounts are typically divided using a Woodward-style marital share calculation.
Do both spouses have to agree to a divorce?
No. Utah allows one party to proceed with a divorce even if the other does not consent or respond. The divorce will either be uncontested (agreed to) or contested.
What are the grounds for divorce in Utah?
Utah recognizes no-fault divorce based on irreconcilable differences, as well as fault-based grounds including adultery, cruelty, abandonment, and substance abuse.
How long does a Utah divorce take?
There is a mandatory 30-day waiting period. Contested cases often take several months to over a year depending on complexity.
Does Utah require mediation in divorce cases?
Yes, mediation is generally required before a contested divorce proceeds to trial, absent domestic violence or other statutory exceptions.
How do I enforce a Utah divorce decree?
Enforcement is pursued through a Motion to Enforce or Motion for Contempt. Courts may order wage garnishment, attorney fees, or other remedies for non-compliance.
What is a Motion to Enforce?
It is a request asking the court to compel compliance with an existing order, such as child support, alimony, custody, or property division.
What should I look for in a divorce attorney in Saratoga Springs or Utah County?
Local experience, familiarity with Utah family law, clear communication, transparency in billing, and a proven record in contested family cases.