Planning Your Utah Divorce Timeline: 2025

If you're considering divorce in Utah, one of your first questions is likely "how long will this take?" Whether you're planning your finances, navigating custody arrangements, or simply trying to see the light at the end of the tunnel, understanding the Utah divorce timeline is essential for moving forward with confidence.

Utah's divorce process operates under specific timelines set by state law, court rules, and the complexity of your case. The good news? Utah recently shortened its mandatory waiting period from 90 days to just 30 days, making it one of the faster states for finalizing an uncontested divorce.

This comprehensive guide breaks down every stage of the Utah divorce timeline—from filing your petition to receiving your final decree. You'll learn the mandatory waiting period, what factors speed up or slow down your case, and critical deadlines you cannot miss. By the end, you'll have a realistic timeline for your situation and actionable strategies to minimize delays.

Utah's 30-Day Mandatory Waiting Period

Before any divorce can be finalized in Utah, state law requires a 30-day mandatory waiting period from the date you file your petition to the date the court can enter your decree. This requirement is spelled out in Utah Code § 81-4-402, which governs divorce procedure in Utah District Courts.

This 30-day minimum applies to every divorce in Utah—whether you and your spouse fully agree on all terms (uncontested) or are fighting over custody, property, or support (contested). Utah law recently changed this waiting period; it used to be 90 days, but the legislature shortened it to 30 days to reduce delays for couples who are ready to move forward.

Can you waive the 30-day waiting period? Yes, but only under extraordinary circumstances. Either party can file a motion to waive the waiting period, but you must convince the judge that unusual conditions—such as domestic violence, urgent medical needs, or severe financial hardship—justify skipping the wait. The court provides a Motion to Waive Divorce Waiting Period form on its official website.

Uncontested Divorce Timeline: 60-90 Days Average

An uncontested divorce in Utah—where both spouses agree on all major issues including property division, debt allocation, and (if applicable) child custody and support—typically takes 60 to 90 days from filing to final decree, though some straightforward cases can wrap up in as little as 45 days.

Here's the typical step-by-step timeline for an uncontested Utah divorce:

Day 1: File Petition
You file your Petition for Divorce with the Utah District Court in your county, pay the $325 filing fee (fee waivers available for those who qualify), and receive a case number. The Utah Courts divorce self-help page provides forms and the MyPaperwork online tool to assemble your petition.

Days 1-21: Serve Your Spouse
Utah law requires you to serve your spouse within 120 days of filing. If your spouse is cooperative, they can sign an Acceptance of Service form (1022FA), which starts their answer clock without needing a process server. Under Utah Rules of Civil Procedure (URCP) Rule 12, they have 21 days to respond if served in Utah, or 30 days if served outside Utah.

Days 1-30: Mandatory Waiting Period
The court cannot finalize your divorce until at least 30 days after you filed.

Day 30+: Submit Stipulated Decree
Once the waiting period has passed and all settlement documents are signed, you submit your stipulated decree and related forms. Utah courts allow decrees on affidavit under URCP Rule 104 for uncontested cases, so you often don't need a hearing.

Days 45-90: Court Reviews and Signs Decree
The court reviews your paperwork for completeness and compliance, then signs and enters the decree. Most uncontested divorces finalize within 2-3 months total.

Contested Divorce Timeline: 9-18 Months Typical

If you and your spouse cannot agree on one or more key issues—custody, property division, spousal support, or child support—your divorce becomes contested, and the timeline extends significantly. Most contested Utah divorces take 9 to 18 months from filing to final decree, with highly complex cases (involving business valuations, custody evaluations, or extensive discovery) sometimes exceeding two years.

Here's the typical month-by-month progression for a contested divorce in Utah:

Month 1: Filing, Service, and Automatic Injunction
You file your petition and pay the filing fee. Upon filing, a Domestic Relations Injunction (DRI) automatically takes effect under URCP Rule 109, prohibiting both parties from transferring property, changing beneficiaries, or harassing each other. Serve your spouse within 120 days.

Days 21-30 After Service: Answer Deadline
Your spouse files an Answer, triggering the contested-case timeline. Under URCP 12, they have 21 days if served in Utah, 30 days if served outside Utah.

Day 14 After Answer: Financial Declaration Due
Utah law requires both parties to exchange a completed Financial Declaration with supporting documents (pay stubs, tax returns, bank statements) within 14 days after the first answer is filed, per URCP Rule 26.1. Missing this deadline can result in sanctions.

Months 2-3: Temporary Orders Hearing
Either party can request temporary orders to set custody, support, and living arrangements while the case is pending. Courts typically schedule these hearings within 1-3 months depending on calendar availability.

Months 4-8: Mandatory Mediation
Utah Code § 81-4-403 requires at least one good-faith mediation session if issues remain contested. Due to mediator and attorney schedules, most mediations happen 2-3 months after the answer. Mediation can be waived only for good cause (domestic violence, safety concerns).

Months 6-12: Discovery and Case Management
The court schedules a case management conference under URCP Rule 100A to set discovery deadlines, trial dates, and interim motions. Discovery can include depositions, interrogatories, document requests, and expert evaluations (such as custody evaluations, which can add several months).

Months 9-18: Trial and Final Decree
If mediation fails and settlement isn't reached, the case proceeds to trial. After trial, the judge issues Findings of Fact, Conclusions of Law, and a Decree of Divorce. The entire process from filing to decree averages 12-15 months but can stretch to 18-24 months in complex cases.

What Makes Some Divorces Take Longer?

Several factors can extend your Utah divorce timeline beyond the averages:

Minor Children
If you have minor children, Utah requires both parents to complete a Divorce Orientation course (within 60 days of filing for the petitioner, 30 days of service for the respondent) and a Parenting Course. These requirements are set by Utah Code § 81-4-105. Additionally, contested custody cases often involve mediation, parenting evaluations, and more complex negotiations.

Complex Property Division
High-asset divorces involving businesses, real estate portfolios, retirement accounts, or stock options require expert valuations and discovery, which can add 3-6 months to the timeline.

Custody Disputes
Disagreements over legal or physical custody trigger additional procedures: mandatory mediation under Utah Code § 81-4-403, possible custody evaluations (which can take 2-4 months), and potentially a trial.

Discovery Delays
Extensive discovery—depositions, subpoenas, forensic accounting—can push timelines out. Case management orders under URCP 100A set discovery deadlines, but if one party is uncooperative, motions to compel can add months.

Court Calendar Availability
Utah courts have varying schedules. Temporary orders hearings might be set within weeks, but trial dates can be 9-12 months out, especially in busy districts like Salt Lake County or Utah County.

Mediation Scheduling
While mediation is mandatory, finding a date when both attorneys, both parties, and a qualified mediator are available can take 2-3 months.

Critical Deadlines You Must Know

Missing deadlines in a Utah divorce can delay your case or result in sanctions. Here are the key deadlines you must track:

90-Day County Residency Before Filing
Either spouse must have lived in the Utah county where you're filing for at least 90 continuous days before you file, per Utah Code § 81-4-402. Active-duty military stationed in Utah for 90+ days also qualify.

120 Days to Serve Your Spouse
You must serve your petition within 120 days of filing or risk dismissal under URCP Rule 4.

21 or 30 Days for Answer
Your spouse has 21 days to respond if served in Utah, 30 days if served outside Utah (URCP Rule 12).

14 Days for Financial Declaration
Both parties must serve their Financial Declaration and attachments within 14 days after the first answer is filed (URCP Rule 26.1). This is one of the most commonly missed deadlines—don't skip it.

60/30 Days for Parent Education
If you have minor children, the petitioner must complete the Divorce Orientation and Parenting Course within 60 days of filing; the respondent has 30 days from service. Certificates must be filed with the court.

30-Day Waiting Period Minimum
The court cannot finalize your decree until at least 30 days after filing, unless you obtain a waiver for extraordinary circumstances.

How to Minimize Your Utah Divorce Timeline

While some delays are unavoidable, these strategies can help speed up your divorce:

1. Reach Agreement Before Filing
If possible, negotiate the major terms—property, custody, support—before anyone files. Utah allows stipulated divorces where both parties submit a signed settlement agreement with the initial filing, streamlining the process.

2. Use MyPaperwork for Proper Forms
Utah Courts provide MyPaperwork, an online interview tool that generates court-approved forms tailored to your case. Using correct, complete forms prevents rejections and delays.

3. Complete Financial Disclosures Early
Don't wait for the URCP 26.1 deadline. Exchange financial information as soon as possible so you can negotiate settlement terms while the mandatory waiting period runs.

4. Attend Mediation in Good Faith
Mandatory mediation under Utah Code § 81-4-403 works best when both parties come prepared to compromise. Successful mediation can shave 6-12 months off your timeline by avoiding trial.

5. Consider Collaborative Divorce
Utah adopted the Uniform Collaborative Law Act (78B-19-101), which allows couples to work through settlement with specially trained attorneys in a confidential process. Collaborative divorces often resolve faster than traditional litigation.

Calculate Your Utah Divorce Costs

Understanding the timeline is just one piece of planning your divorce. Use our free calculator below to estimate your total Utah divorce costs based on your situation. The calculator is pre-configured with Utah's $325 filing fee and typical costs for legal representation, mediation, and court expenses.

*Note: This estimate is for planning purposes. Actual costs and timelines vary based on case complexity and whether you reach settlement or proceed to trial.

Frequently Asked Questions

Q: Can I waive the 30-day waiting period in Utah?
A: Yes, but only if you can show the court "extraordinary circumstances" such as domestic violence, urgent medical needs, or severe financial hardship. You must file a Motion to Waive Divorce Waiting Period and appear before a judge. Waivers are granted sparingly.

Q: How long does an uncontested divorce take in Utah?
A: If both spouses agree on all terms, an uncontested Utah divorce typically takes 60-90 days from filing to final decree. The mandatory 30-day waiting period is the legal minimum, but court processing and paperwork review usually add 2-3 weeks.

Q: What happens if my spouse doesn't respond to the divorce petition?
A: If your spouse doesn't file an answer within 21 days (or 30 days if served outside Utah), you can seek a default divorce. You'll need to file a Military Service Declaration (form 1204XX) and comply with URCP Rule 55. Default divorces typically finalize in 60-90 days.

Q: Do I need a lawyer for an uncontested divorce in Utah?
A: No. Many Utah couples handle uncontested divorces using the court's MyPaperwork tool to generate forms. However, if you have complex property, retirement accounts, or custody concerns, consulting an attorney is wise.

Q: How long does mediation take in Utah divorce cases?
A: A typical mediation session lasts 2-4 hours. However, scheduling mediation (coordinating both attorneys, both parties, and a mediator) often takes 2-3 months. Some cases resolve in one session; others require multiple sessions spread over several months.

Conclusion

Planning your Utah divorce timeline starts with understanding the mandatory 30-day waiting period, the realistic 60-90 day timeframe for uncontested cases, and the 9-18 month average for contested divorces. Whether your divorce will be quick or complex depends on your ability to reach agreement, the presence of minor children, and the complexity of your assets.

Ready to estimate your divorce costs beyond just the timeline? Use our free Utah Divorce Cost Calculator above for a personalized breakdown. For a step-by-step filing guide and strategies to reduce your overall divorce expenses, read our comprehensive article on Utah Divorce Filing Requirements.

Remember: knowledge is power during divorce. The more you understand about Utah's timelines, deadlines, and procedures, the better equipped you'll be to protect your rights and move forward with clarity.