Am I Eligible to File for Divorce in Utah? (2026)

Disclaimer: General legal information only. Not legal advice.

Residency — 90 Days in the County Where You File

Utah law (Utah Code § 30-3-1): The Petitioner must have been a domiciliary and resident of the state, and a resident of the county in which the action is filed, for 90 days immediately preceding the filing of the Petition.

Both state AND county: Utah requires 90 days in the specific county where you file — not just 90 days anywhere in Utah.

Either spouse: If the Petitioner has not yet met the 90-day county requirement, check whether the Respondent has. You may be able to file in the Respondent's county.

Where to file: Utah District Court — in the county where you or your spouse have lived for 90 days. Utah has eight judicial districts across 29 counties.

Grounds for Divorce

No-Fault — Irreconcilable Differences (Primary)

(Utah Code § 30-3-1(3)(k)): The standard no-fault ground in Utah. Simply allege that irreconcilable differences have caused the irremediable breakdown of the marriage.

Fault Grounds (Also Available — Utah Code § 30-3-1(3))

Utah preserves multiple fault grounds:

• Impotency at time of marriage
• Adultery
• Willful desertion for more than 1 year
• Willful neglect to provide common necessaries of life
• Habitual drunkenness
• Conviction of a felony
• Cruel treatment to the extent of causing bodily injury or great mental distress
• Incurable insanity
• Permanent and irreconcilable incompatibility

Most Utah divorces use irreconcilable differences.

Waiting Period — 30 Days (Waivable)

Utah has a 30-day waiting period from the filing date before the Decree can be entered (Utah Code § 30-3-18).

Waiver: Utah courts may waive the 30-day period for extraordinary circumstances. This is uncommon — file a Motion to Waive Waiting Period with a supporting affidavit explaining the circumstances. Examples that may qualify: domestic violence, financial emergency, military deployment requiring immediate resolution.

Divorce Orientation Class — Required When Children Involved

(Utah Code § 30-3-11.3): Both parties must complete a Divorce Orientation class before filing when minor children are involved. The certificate must be filed with the Petition.

No children: Divorce Orientation is not required.

Property Division

Equitable distribution: Utah courts divide marital property equitably based on all relevant circumstances — not automatically 50/50.

Marital property: Property acquired during the marriage. Separate property: Pre-marital property, gifts, inheritances — generally set apart.

MyPaperwork Eligibility

Utah's MyPaperwork system at utcourts.gov handles most divorce scenarios — with or without children, with or without property. The $20 guided tool is appropriate for most self-represented filers.

Eligibility Checklist

• Utah county residency confirmed (90 days in filing county) ✅
• Grounds: irreconcilable differences ✅
• If children: Divorce Orientation class completed ✅
• MyPaperwork started: utcourts.gov/en/self-help/divorce.html ✅
• Marital Settlement Agreement in progress ✅
• If children: Parenting Plan in progress ✅

Last reviewed: March 2026 | 90-day county residency (Utah Code § 30-3-1) | 30-day waiting period — waivable (Utah Code § 30-3-18) | Divorce Orientation required with children (Utah Code § 30-3-11.3) | "Irreconcilable differences" (Utah Code § 30-3-1(3)(k)) | MyPaperwork $20 — utcourts.gov | $325 fee | Equitable distribution | District Court | utcourts.gov/en/self-help/divorce.html

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.