Divorce FAQ’s

Utah has a mandatory 30-day waiting period after filing a divorce petition before it can be finalized. However, contested divorces or those involving complex issues like child custody or property division can take several months or more to resolve.
At least one spouse must have lived in Utah for at least three months before filing for divorce. If minor children are involved, they must have lived in Utah for six months before the court can make custody orders.
Yes, Utah allows no-fault divorces based on "irreconcilable differences." Fault-based grounds, such as adultery or cruelty, can also be cited but are less common.
Utah is an equitable distribution state, meaning the court divides marital property fairly but not necessarily equally. Factors like the duration of the marriage and each spouse's contributions may be considered.

Child Custody/Paternity FAQs

Courts prioritize the child's best interests, considering factors like the child's relationship with each parent, the parents' ability to provide a stable environment, and any history of abuse or neglect.
Yes, custody orders can be modified if there is a significant change in circumstances, such as a parent's relocation or a change in the child's needs.
Paternity can be established by signing a Voluntary Declaration of Paternity or through a court order based on genetic testing.
Legal custody refers to the right to make decisions about the child’s upbringing (e.g., education, religion, healthcare), while physical custody determines where the child lives. Both can be joint or sole.

You can request a modification if there has been a substantial change in circumstances, such as a significant income change or relocation.
Yes, modifications must be approved by the court. You must file a petition and show evidence of the change in circumstances.
Yes, alimony can be modified or terminated if there is a significant and material change in circumstances, such as an involuntary job loss or remarriage of the receiving spouse.
The timeline varies depending on the complexity of the case and the court’s schedule. Uncontested modifications are quicker than contested ones.
While it is not required, having an attorney can help ensure that your petition is filed correctly and effectively represents your interests.

You can file a motion to enforce the custody order with the court. The court may hold the offending party in contempt and can issue sanctions such as jail time, fines, and/or attorneys fees.
The Utah Office of Recovery Services (ORS) can assist with enforcement by garnishing wages, withholding tax refunds, or taking other actions. You can also ask the court to hold the offending party in contempt.
Yes, you can file a motion for enforcement. The court may order wage garnishment or other measures to ensure compliance.
Penalties can hold the offending party in contempt of court and issue sanctions such as jail time, fines, and/or attorneys fees.
Utah law allows enforcement of most domestic orders within eight years of the order’s issuance or last payment due.

A protective order is a court order designed to protect individuals from abuse and domestic violence.
You can file a petition with the court. If there is immediate danger, the court may issue a temporary protective order until a hearing is held.
Protective orders are available for individuals who have experienced domestic violence or abuse from a cohabitant, such as a spouse, partner, or family member.
Violating a protective order is a criminal offense in Utah and can result in arrest, fines, or jail time.

Yes, mediation is required for most contested family law cases, including divorce and custody disputes, unless waived by the court.
A neutral mediator helps both parties communicate and negotiate to reach a mutually acceptable agreement on issues like custody, support, and property division. If the parties have attorneys, their attorneys will be present with them at mediation.
Most mediators have a two hour minimum requirement. Mediation sessions usually take several hours, but the entire process may require multiple sessions depending on the complexity of the issues. Ask your attorney how long you should plan on for your mediation.
Agreements reached in mediation are not legally binding until they are signed by both parties.
If mediation does not result in an agreement, the case proceeds to trial, where a judge will decide unresolved issues.