Filing for divorce in Utah? Your case will be either uncontested (you and your spouse agree on everything) or contested (disputes remain on major issues). Utah requires a 30-day waiting period after filing, but uncontested cases can often finalize shortly after that period ends. Understanding your options can help you choose the most efficient filing method.
Utah is a no-fault state where "irreconcilable differences" is sufficient grounds for divorce—no proof of wrongdoing required. At least one spouse must have been a Utah resident for three months, and a resident of the county where you file for 90 days before filing.
Quick Comparison: Uncontested vs Contested
| Factor | Uncontested | Contested |
|---|---|---|
| Agreement | Both parties agree on all issues | One or more issues disputed |
| Timeline | 1-3 months typical | 9-18+ months |
| Total Cost | $500-$3,000 | $10,000-$30,000+ |
| Court Hearings | Brief hearing or paper approval | Multiple hearings, trial likely |
| Attorney Needed? | Optional (DIY possible) | Highly recommended |
What is an Uncontested Divorce in Utah?
An uncontested divorce means you and your spouse agree on all major issues including property division, debts, alimony, and (if applicable) child custody and support. Utah's courts actively encourage cooperative resolution through their self-help resources.
Self-Represented Filing
Utah offers the Online Court Assistance Program (OCAP) that guides you through creating divorce forms step-by-step. This free service helps self-represented parties file uncontested divorces without attorney assistance.
Waiver of Service
If your spouse agrees to the divorce, they can sign an Acceptance of Service and Waiver, eliminating the need for formal service by a sheriff or process server—saving time and approximately $50-$100.
What is a Contested Divorce?
A contested divorce occurs when you and your spouse disagree on one or more major issues such as child custody, parent-time, property division, or alimony. The respondent has 21 days after service (30 days if served out of state) to file an Answer.
Utah requires mandatory mediation for contested cases involving custody or parent-time before trial. Many courts also require divorce education classes when minor children are involved.
Cost Comparison
Uncontested Divorce Costs
- Filing fee: $325 (statewide)
- Service of process: $50-$100 (or free with waiver)
- Divorce education class: $20-$50 per person (if children)
- Attorney (optional): $500-$2,000 for document review
- Total typical range: $500-$3,000
Contested Divorce Costs
- Filing fee: $325 plus motion fees
- Attorney fees: $10,000-$30,000+ depending on complexity
- Mediation: $100-$300/hour; typically $1,500-$4,000 total
- Custody evaluation: $2,500-$7,500 if needed
- Total average: $10,000-$30,000+ per spouse
Calculate Your Estimated Divorce Costs
Use our free calculator to estimate your total Utah divorce costs based on whether your case is uncontested or contested.
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.
Timeline Comparison
Uncontested: Utah's 30-day waiting period starts when you file. Most uncontested cases finalize in 1-3 months total. If both parties agree and paperwork is complete, finalization can occur shortly after the waiting period ends. For more details, see our Utah divorce timeline guide.
Contested: Expect 9-18 months or longer. Mandatory mediation, discovery, custody evaluations, and trial scheduling all extend the process. Complex cases can take 2+ years.
Frequently Asked Questions
What are Utah's residency requirements?
You must be a Utah resident for at least three months and a resident of the county where you file for 90 days before filing. Military members stationed in Utah may also file here.
What is the Automatic Domestic Relations Injunction?
Upon filing, Utah's automatic restraining order immediately prohibits both parties from disposing of property, changing insurance beneficiaries, harassing each other, or relocating children without consent or court order.
Can the 30-day waiting period be waived?
Yes, but only for "extraordinary circumstances." You must file a motion showing good cause, and waivers are rarely granted except in cases involving abuse or other urgent situations.
Make the Right Choice
The key difference between uncontested and contested divorce is agreement. If you and your spouse can resolve all issues cooperatively, you'll save tens of thousands of dollars and finish in months rather than years. Utah's OCAP system makes self-represented filing accessible for agreed divorces. For step-by-step guidance, see our Utah divorce filing checklist. Our comprehensive money-saving strategies can further reduce your overall expenses.
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This article is for informational purposes only and does not constitute legal advice. Utah divorce laws are complex and fact-specific. For guidance tailored to your situation, consult a licensed Utah family law attorney. Always verify current requirements with your local Utah District Court clerk or the Utah Courts website.
