Filing for divorce in Utah involves navigating specific residency requirements, innovative online tools, and mandatory waiting periods. Utah has modernized its divorce filing process through the MyPaperwork system, which generates customized forms based on your situation. Understanding Utah's 90-day county residency requirement, $325 filing fee, and 30-day waiting period (which can be waived under certain circumstances) will help you prepare effectively. This Utah divorce filing checklist walks you through every essential step to file confidently.
Utah Residency Requirements
Before you can file for divorce in Utah, you must meet the state's residency requirement. Under Utah Code Section 81-4-402, either you or your spouse must have been a resident of the county where you're filing for at least 90 days immediately before filing. This is notably stricter than many states, which only require state-level residency. You must file in the district court of the county where either you or your spouse resides.
If you've recently moved to Utah, you'll need to wait until you meet this 90-day county requirement before proceeding with your divorce filing.
Understanding Utah's MyPaperwork System
Utah has streamlined divorce filing through MyPaperwork, an innovative interview-based system that generates only the forms relevant to your specific situation. This system is replacing the older OCAP (Online Court Assistance Program), which will be discontinued in July 2025.
MyPaperwork asks you questions about your marriage, children, assets, and circumstances, then prepares the appropriate paperwork automatically. There's a $20 fee for using MyPaperwork, but it ensures you don't miss critical forms. You can access the system through the Utah Courts divorce self-help page.
Practical Tip: MyPaperwork generates only the forms you need based on your answers, saving time and reducing errors compared to manually selecting forms from the court's library.
Required Documents for Filing
Your Utah divorce filing checklist must include these essential documents:
- Petition for Divorce: The primary document outlining your request and grounds for divorce (typically irreconcilable differences under Utah Code 81-4-405)
- Certificate of Divorce: A vital statistics form required by the Utah Department of Health
- Case Information Cover Sheet: Administrative document identifying case details
- Financial Declaration: Required if your divorce becomes contested, disclosing all assets, debts, income, and expenses
- Notice of Disclosure Requirements: Informs both parties of mandatory financial disclosure obligations
MyPaperwork will generate these documents based on your responses, ensuring completeness and accuracy.
Filing Fees and Remote Filing Options
The filing fee for divorce in Utah is $325. If you cannot afford this fee due to financial hardship, you can request a fee waiver by submitting the appropriate waiver forms with your initial filing.
Utah offers convenient remote filing options—you can file via email (send PDFs to the court's email address with "New filing for [your name]" in the subject line) or by mail, though mail is the slowest method.
The 30-Day Waiting Period
Utah Code Section 81-4-402 requires that at least 30 days must pass between the date you file your petition and the date the court can enter a divorce decree. However, Utah allows this waiting period to be waived if you can demonstrate "extraordinary circumstances" to the court.
To request a waiver, you must file a Motion to Waive Divorce Waiting Period. The court reviews these motions carefully and does not grant waivers automatically—you must show compelling reasons why waiting 30 days would cause significant hardship.
Mandatory Mediation Requirements
If your divorce becomes contested (meaning you and your spouse disagree on custody, property division, or other issues), Utah requires you to attempt mediation before going to trial. You must work with a court-approved mediator to try to resolve disputes.
Mediation costs vary depending on the mediator you select. Many couples find that mediation helps them reach agreements more quickly and affordably than litigation.
Service of Process
After filing your petition, you must properly serve your spouse with the divorce papers. Utah law prohibits you from serving the papers yourself—an adult aged 18 or older who is not involved in your case must serve them. Service can be accomplished through personal service, certified mail, or other court-approved methods.
Proper service is essential; without it, the court cannot proceed with your case.
Financial Planning for Your Utah Divorce
Understanding the complete financial picture of your divorce is essential. Beyond the $325 filing fee, you may incur costs for mediation ($100-300 per hour), attorney fees (if you choose representation), and the MyPaperwork service fee ($20). To learn strategies for minimizing these costs, read our comprehensive guide on how to save money on divorce. Use our divorce cost calculator below to estimate your total expenses based on Utah-specific factors:
Divorce Cost Calculator
Get a personalized estimate of your potential divorce costs based on your situation and location
Your Information
Significant disagreements requiring legal help
Child custody/support decisions needed
You've agreed how to divide property
Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.
Conclusion
This Utah divorce filing checklist provides a roadmap for navigating the divorce process in Utah. Start by confirming you meet the 90-day county residency requirement, then use MyPaperwork to generate your customized forms. Budget for the $325 filing fee (or request a waiver), and remember the 30-day waiting period can be waived in extraordinary circumstances.
If your divorce becomes contested, prepare for mandatory mediation. Use the divorce cost calculator above to plan your budget, and consider consulting a Utah family law attorney for complex situations involving significant assets, child custody disputes, or business interests.
Disclaimer
This article provides general information about divorce filing procedures in Utah and should not be construed as legal advice. Divorce laws are complex and continuously evolving. For advice about your specific situation, please consult with a licensed Utah family law attorney. While we strive for accuracy, we make no representations or warranties regarding the completeness or accuracy of this information.
