Frequently asked questions
How long do I have to be a resident before I can file for a divorce in Utah?
The residency requirement to file for a divorce in Utah is 3 months. You must be a resident of the county in which you reside for a period of 3 months prior to filing for divorce.
If you have minor children, there may be different (additional) residency requirements and jurisdictional rules related to the Uniform Cihild Custody Jurisdiction Enforcement Act (UCCJEA).
This resource includes many frequently asked questions about the process of filing for a divorce in Utah. It is provided for informational purposes only and does not in any way constitute legal advice or substitute the advice of legal counsel.
What are the grounds for a divorce in Utah?
Utah is what is known as a "no fault" state for divorce. That means that within Utah, the most common ground for divorce is "irreconcilable differences." This essentially means that you and your spouse have differences between you that are so great that they are incompatible-- they cannot be reconciled.
However, Utah law also provides several statutory grounds for a divorce:
impotency of the respondent at the time of marriage;
adultery committed by the respondent subsequent to marriage;
willful desertion of the petitioner by the respondent for more than one year;
willful neglect of the respondent to provide for the petitioner the common necessaries of life;
habitual drunkenness of the respondent;
conviction of the respondent for a felony;
cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;
irreconcilable differences of the marriage;
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.
What is the difference between a Divorce and an Annulment in Utah?
A divorce is a termination of a marriage. An annulment is a court finding that a marriage was never valid. Divorces and annulments have the same effect-- they dissolve the marriage. However, they differ in how they treat the marriage. When people get a divorce, they are still recognized as having been married previously. On the other hand, an annulment treats the marriage as though it never existed. Unlike a divorce action, there are specific grounds and findings that must be made to have your marriage annulled.
What is the difference between a Divorce and an Annulment in Utah?
A divorce is a termination of a marriage. An annulment is a court finding that a marriage was never valid. Divorces and annulments have the same effect-- they dissolve the marriage. However, they differ in how they treat the marriage. When people get a divorce, they are still recognized as having been married previously. On the other hand, an annulment treats the marriage as though it never existed. Unlike a divorce action, there are specific grounds and findings that must be made to have your marriage annulled.