Divorce

Divorce is the process by which a valid marriage is dissolved and orders are made regarding the custody, care and control of children, ongoing child support and alimony, and division of assets and debts. 

If you are contemplating obtaining a divorce, contact one of our Utah divorce attorneys to go over the specifics of your situation. 

 
 

Residency Requirements

Prior to filing for divorce in Utah, you or your spouse must be a resident of a county in Utah for more than three months. The county where you or your spouse has resided for more than three months is the county in which you file for divorce. If you have minor children under the age of 18, and custody of the children is an issue in your case, then the children must be residents of Utah for more than six months, although, there may be exception based on your circumstances.


Grounds for Divorce

The most typical reason listed for a divorce is "irreconcilable differences." This usually means that a couple have experienced a collapse of their relationship that is unsalvageable, for whatever reason. Utah law also lists other grounds for divorce, including: impotency at the time of marriage; adultery; willful desertion for more than one year; willful neglect to provide for the the common necessaries of life; habitual drunkenness; conviction for a felony; cruel treatment to the extent of causing bodily injury or great mental distress; incurable insanity; or when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation. 


Cost of Divorce

The typical filing fee for a Divorce is $318, which includes a Vital Statistics fee charged by the State of Utah. This fee is paid by the Petitioner, or the person who files first for divorce. There are other fees that are required, including the fee to take the mandatory Divorce Education and/or Orientation classes. In addition, if you do retain an attorney, you will have his/her fees as well. Your attorney fees will depend greatly on the complexity of your case as well as whether you are dealing with contested issues or custody of your children.