The Divorce Process In Utah: Answering FAQ
The legal dissolution of a marriage can be an emotionally taxing transition for every member of your family. At Featherstone Family Law, our priority is to eliminate uncertainty by providing absolute structural clarity. Understanding your rights and responsibilities under state law is the first step toward moving forward safely.
Below are answers to the most common questions individuals ask when navigating the local court system.
Is Utah considered a “no-fault” divorce state?
Yes. In Utah, you can file for divorce without your spouse’s consent and without proving marital wrongdoing. Most couples cite irreconcilable differences, meaning the marriage has permanently broken down and cannot be preserved.
How much will my divorce cost?
Overall costs vary significantly based on whether your case is contested or uncontested. Your total financial investment involves several mandatory components:
- Court fees: Fixed costs for filing your initial petition and summons
- Administrative fees: Processing costs for the Utah Office of Vital Records and Statistics and formal service of process
- Mandatory classes: State-required Divorce Orientation and Divorce Education course fees if you share minor children
- Mediation costs: Fees for court-mandated alternative dispute resolution sessions
- Attorney fees: Costs for drafting pleadings, managing discovery and courtroom advocacy
If you face severe financial hardship, a divorce attorney can help you file a formal request for a court fee waiver. It is crucial that you do not represent yourself; our attorney are here to help you.
When can I file for divorce in Utah County?
To establish proper jurisdiction, either you or your spouse must live continuously in the state, and specifically within the filing county, for at least 90 days immediately preceding your petition. If minor children are involved, they must typically reside in Utah for at least six months before the court can issue permanent custody orders.
What if my spouse doesn’t want a divorce?
Since Utah is a “no-fault” state, you don’t need your spouse to consent to the divorce. If they refuse to sign the papers by the deadline, your divorce attorney can petition the court for a default judgment, granting the divorce under your proposed terms.
Do I need an attorney to represent me in my divorce?
Yes. Attempting to navigate property division, asset evaluation and complex child custody guidelines alone frequently leads to irreversible legal mistakes. An experienced family law attorney ensures your documentation is flawless, shields your assets and keeps your case moving efficiently through the court system.
Let Featherstone Family Law Be Your Family Law Advocate
The legal roadmap ahead is highly structured, but you do not have to navigate it alone. Let our firm provide the steady, strategic advocacy you need to protect your hard-earned assets and parental bonds.
Call Featherstone Family Law in American Fork at 801-960-3359 or complete our online contact form to schedule your free consultation with our experienced divorce lawyer today.