Divorce can be stressful, confusing, and emotional. Many people don’t know where to start or what steps to follow. You may have questions about paperwork, timelines, and court requirements. Understanding the process can help reduce your stress.
Red Law Family & Divorce Attorneys helps you through every part of your divorce case. Whether your split is peaceful or difficult, we give you the support you need. Our goal is to make the process as simple as possible while protecting your rights.
If you have minor children, property, or shared debt, we’ll make sure these issues are handled carefully. We can also help if you need a temporary order while your case is pending. Divorce doesn’t have to overwhelm you. With the right legal help, you can move forward with confidence.
Divorce is the legal process that ends a marriage. Once finalized, both people are legally single again. A divorce case decides many things, such as who keeps what property, who pays certain debts, and how to care for any minor children.
A court can also make orders about child custody, child support, and spousal support (alimony). Some people reach agreements easily, but others need help from a judge. Even if both sides agree on everything, the court must still approve the terms.
In Utah, at least one person must live in the county where they file. You must also follow the rules for forms, court fees, and timelines. A divorce is more than just a breakup, it is a full legal process that affects many areas of your life.
| Type of Divorce | What It Means |
|---|---|
| Contested | You and your spouse do not agree on one or more issues. A judge may need to decide for you. |
| Uncontested | You and your spouse agree on all terms. This is usually faster and less expensive. |
Before you file, make sure you meet Utah’s residency rules. At least one person must live in the county where the divorce is filed for at least 3 months before filing. This is required for the court to accept your case.
If you have minor children, there are additional rules. The children must have lived in Utah for at least 6 months (or since birth if they’re under 6 months old). These rules are important, especially if another state is involved.
The divorce process starts with paperwork. You’ll need to fill out several forms to open a divorce case. These forms ask for basic information about your marriage, your children, your property, and your request for how the divorce should be handled.
The main form is the Petition for Divorce. If you’re the one filing, you’ll be the "petitioner." Your spouse will be the "respondent." The form also asks if you want temporary orders for things like custody or support while the case is pending.
Utah courts allow e-filing through the court’s online system, or you can file in person at the clerk’s office. If you can’t afford the filing fee, you can ask for a fee waiver by submitting an affidavit about your finances.
Once your forms are ready, you must file them with the right court. This means taking your documents to the clerk’s office in the county where you (or your spouse) meet the residency rule. If you’re filing online, the forms go through the court’s e-filing system.
You’ll also need to pay the filing fee when you submit your papers. If you can’t afford it, request a fee waiver. After filing, the court will assign a case number and judge. The judge may issue temporary orders for support or custody. Keep your case number for future use. You’ll also get instructions on how to serve your spouse with the papers.
After filing, the next step is to give your spouse legal notice. This is called service of process. You must deliver the divorce papers to your spouse legally. The court doesn’t do this for you.
The easiest method is to use a sheriff or private process server. You cannot serve the papers yourself. The server will give the papers and file a proof of service with the court. If your spouse lives out of state or cannot be found, you may need to ask the court for other ways to serve them, like by mail or publication.
Without proper service, your case cannot move forward. Red Law Family & Divorce Attorneys can help you make sure this step is done right.
Once your spouse is served, they have 21 days to respond (30 days if they were served outside Utah). They can agree, disagree, or file their own requests. This response is called an Answer. If they don’t respond, you can ask the court for a default judgment.
If your spouse does respond, the case continues to the next steps. You may need to attend court hearings or mediation, especially if you disagree on issues like custody or money. The court won’t finalize anything until both sides have a chance to be heard.
In Utah, both spouses must share financial information early in the divorce. This step is called Initial Disclosures. It includes pay stubs, tax returns, bank records, and details about debts and property.
You must file a Financial Declaration within 14 days after the response is filed. This form shows your income, expenses, assets, and debts. It helps the court decide fair child support, spousal support, and how to divide property.
Not every divorce ends up in court. Utah courts require mediation in most cases unless there’s a history of abuse. Mediation gives both sides a chance to talk and settle disagreements with help from a trained neutral mediator.
You and your spouse can talk about things like child custody, spousal support, and how to split property. If you both agree, you can submit a signed agreement to the judge. This often saves time and money. If you can’t agree on everything, the case continues, and the court may hold a hearing.
If you and your spouse can’t reach an agreement, your case may go to court. This is called a trial. A judge will listen to both sides and make a decision on all issues, like property, custody, and support.
Each side presents evidence, witnesses, and legal arguments. You must follow court rules, so having a lawyer helps. The judge’s decision becomes a court order, which both sides must follow. Trials take time and can be stressful, so most couples try to settle earlier.
Once all issues are resolved, the court will issue a Decree of Divorce. This is the official order that ends your marriage. It includes final decisions about child custody, financial support, property division, and any other matters.
You must follow everything listed in the decree. If you don’t, the other person can ask the court to enforce it. If your situation changes later, you can ask for a modification of some parts, like support or custody. But until that happens, the original order stands.
It depends on the case. Uncontested divorces can be done in as little as 30 days. Contested cases may take several months. If children or property are involved, it may take longer.
Yes, you can. But divorce involves legal forms and important decisions. A lawyer can help you avoid mistakes and protect your rights. Red Law Family & Divorce Attorneys offers guidance through each step.
If your spouse doesn’t answer within 21 days, you can ask the court for a default judgment. This means the judge may grant your requests without a hearing.
The Utah Supreme Court does not hear regular divorce cases. It only hears appeals if there is a legal error in a lower court’s ruling. Most divorces are handled in district court.
Yes. You can ask to modify parts of the order, like custody or support, if your life changes. You must file a request with the court and show a good reason for the change.
Going through a divorce is hard, even when both sides agree. You may be worried about your children, your finances, or what your future will look like. At Red Law Family & Divorce Attorneys, we understand how emotional and stressful this process can be. That’s why we’re here to help guide you every step of the way.
Our team will explain your rights, help you file the right forms, and make sure nothing is missed in your divorce case. Whether it’s child custody, spousal support, or dividing property, we take your concerns seriously. We’ll fight to protect what matters most to you.
If you're ready to get started or just have questions, reach out today. We offer a case consultation so you can understand your options. Call our Ogden divorce lawyer now, and let’s talk about how we can help you move forward.
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