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Utah law

Family Laws in Utah.

Utah allows both no-fault and fault-based grounds for divorce, with "irreconcilable differences" being most common. The state requires 90 days of residency before filing. Property is divided by equitable distribution. Utah has a rebuttable presumption in favor of joint legal custody. Child support follows an income shares model. Alimony generally cannot exceed the length of the marriage, and the court considers the standard of living during the marriage.

Last verified: 2026-02-25

State law

Statute of Limitations

90-day residency requirementUtah Code § 30-3-1

Either spouse must have been a resident of Utah and of the county where the divorce is filed for at least 90 days immediately before filing.

State law

Filing Requirements

The filing fee for a divorce petition in Utah is $325. Fee waivers are available for those who cannot afford to pay.

Mandatory Education

If the couple has minor children, both parents must complete a Divorce Orientation ($30) and a Divorce Education Class ($35) -- total $65 per parent.

County ResidencyUtah Code § 30-3-1

Unlike many states that require only state-level residency, Utah requires 90 days of residency in the specific county where the petition is filed.

State law

Key Utah Statutes

Grounds for DivorceUtah Code § 30-3-1

Utah permits both no-fault and fault-based grounds. No-fault: irreconcilable differences. Fault-based grounds include adultery, impotency, willful desertion (1+ year), willful neglect to provide, habitual drunkenness, conviction of a felony, cruel treatment, and incurable insanity.

Property Division (Equitable Distribution)Utah Code § 30-3-5

Marital property is divided equitably (fairly, not necessarily equally). The court considers marriage duration, each spouse's age and health, occupation, income sources, and contributions to the marriage. Separate property (owned before marriage, gifts, inheritances) generally stays with the original owner.

Child Custody (Best Interest Factors)Utah Code § 30-3-10

Custody is determined by the best interests of the child. Factors include evidence of domestic violence/abuse, each parent's understanding of the child's developmental needs, willingness to allow contact with the other parent, the child's wishes (considering maturity), who has been the primary caretaker, and the strength of the parent-child bond. No gender-based preference.

Joint Custody PresumptionUtah Code § 30-3-10.2

There is a rebuttable presumption that joint legal custody is in the best interest of the child. The presumption can be overcome by evidence of domestic violence, special needs of a parent or child, physical distance making joint decisions impractical, or other relevant factors.

Child Support (Income Shares Model)Utah Code § 78B-12-201 et seq.

Utah uses the income shares model. Both parents' gross incomes are combined and the base obligation is determined from a statutory table. Each parent pays their proportionate share based on their percentage of combined income. Low-income adjustments apply when a parent earns between $650 and $1,050/month.

Alimony (Spousal Support)Utah Code § 30-3-5

The court considers: financial condition and needs of the recipient, recipient's earning capacity, ability of the payor to provide support, standard of living during the marriage, length of the marriage, and fault (adultery, wasting assets). Alimony generally cannot exceed the length of the marriage, though courts may extend it for extenuating circumstances.

Domestic Violence Protective OrdersUtah Code § 78B-7-102 et seq.

Victims of domestic violence can obtain a cohabitant protective order directing the abuser to move out, cease contact, and surrender firearms. "Abuse" includes intentionally causing physical harm or placing a cohabitant in reasonable fear of imminent physical harm. The order remains in effect for 150 days (temporary) or indefinitely (permanent) until modified by the court.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Utah.

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