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While every divorce case is unique, the following outlines the general stages and timeframes involved in a Utah divorce case.

Understanding the basic timeline of a typical case in Utah can help prepare you for what to expect, so that you are better informed about what you can and should do to succeed in your case.

1. Filing the Petition or Complaint for Divorce (Day 1)

The process begins when one spouse (the petitioner) files what is titled a complaint or a petition for divorce with the district court in the county where either spouse resides. This petition or complaint outlines the petitioner’s requests regarding issues such as property division (real estate, retirement accounts, vehicles, home furnishings, and other marital assets), allocation of responsibility for marital debts and obligations, child custody, child support, and alimony.

• Timeframe: Preparing to draft the complaint/petition can take several days or even several weeks, but once you/your attorney has/have an idea of what to include in your pleadings, the petition/complaint can be drafted (written) a few hours’ time.
• Cost: The petitioner must pay a filing fee of $325 in Utah, plus pay a fee of $8 for to file the “Department of Health Certificate of Divorce, Dissolution of Marriage, or Annulment” although fee waivers may be available for those who qualify.
• Proposed Parenting Plan: In a proceeding between parents regarding the custody and/or parent-time for a minor child or children, that parent must file and serve a proposed parenting plan at the time of the filing of the parent’s original petition.

2. Serving the Respondent (Within 120 Days of Filing)

After the petition/complaint is filed, the petitioner must serve the other spouse (the respondent) with a copy of the petition and a summons. Service can be performed by a constable, sheriff, private process server, or by certified mail (See Utah Rules of Civil Procedure Rule 4). Utah law requires service to occur within 120 days of filing the petition/complaint.

• Timeframe: Typically takes 1-2 weeks, but the petitioner has up to 120 days to complete service.
• Important Note: If the respondent cannot be located, the petitioner may need to request court approval for alternative service methods, which can extend the time it takes to complete the step of getting the respondent served.

3. Respondent Files an Answer (21 Days After Service)

Once served, the respondent has 21 days (if served in Utah) or 30 days (if served out of state) to file a formal Answer with the court. The Answer allows the respondent to agree or disagree with the terms proposed in the petition/complaint and present their own requests.

If the respondent wants to sue for divorce himself/herself, then the respondent can include a counterclaim with the filing of the Answer. This would be identified in the title of the pleadings as something, like “Answer and Counterclaim”.

• Failure to Respond: If the respondent does not file an Answer, the petitioner may request a default judgment, potentially expediting the process.
• Proposed Parenting Plan: In a proceeding between parents regarding the custody and/or parent-time for a minor child or children, that parent must file and serve a proposed parenting plan at the time of the filing of the parent’s answer or counterclaim.

4. Temporary Orders (Optional, 1-3 Months)

If immediate decisions are needed regarding child custody, child support, or other issues, either party can request a hearing for Temporary Orders. These orders remain in place during the pendency of the divorce action until the court orders otherwise or until the final divorce decree is issued.

• Timeframe: Temporary orders typically require a hearing scheduled within 1-3 months, depending on court availability.

5. Mandatory Waiting Period (Minimum 30 Days)

Utah law imposes a mandatory 30-day waiting period from the date the petition/complaint is filed before a divorce can be finalized  (See Utah Code § 81-4-402). This waiting period allows both parties time to consider reconciliation and to ensure they are certain about proceeding with the divorce.

• Waiver: In rare cases, the court may waive the waiting period if there is evidence of hardship or other extraordinary circumstances, such as (but not limited to) domestic violence.

6. Discovery and Negotiation (1-6 Months – usually 90 days)

During this stage, both parties exchange information and documents related to assets, debts, income, and other relevant issues. Discovery methods may include:

• Interrogatories: Written questions that must be answered under oath.
• Requests for Production/Subpoenas Duces Tecum: Requests for financial or other documents that are relevant to proving or disproving issues in the case.
• Requests for Admission: Requests to admit certain facts are not in dispute.
• Depositions: In-person questioning under oath.

Parties often negotiate in an effort to settle the case during this phase, either directly or with the help of attorneys or mediators. Mediation is mandatory in Utah for most contested divorce cases. Done right (i.e., in good faith and with earnest effort by the parties, their respective attorneys (if they are represented by attorneys) and mediator), mediation can significantly shorten the timeline if successful.

• Timeframe: Discovery and negotiation can take 1-6 months or more, depending on the complexity of the case and the willingness of both parties to cooperate.

There is established a mandatory domestic mediation program to help reduce the time and tensions associated with obtaining a divorce (Utah Code § 81-4-403). If there are any remaining contested issues after the filing of a response to a petition for divorce, the parties must participate in good faith in at least one session of mediation before the case can go to trial unless the parties are excused by the court from engaging in mediation.

7. Certification as Ready for Trial – Pretrial Motions and Hearings (Optional, 1-3 Months)

Unless an order sets the trial date, any party may and the petitioner shall, at the close of all discovery, certify to the court that discovery is complete, that any required mediation or other ADR processes have been completed or excused and that the case is ready for trial (Utah Rules of Civil Procedure, Rule 16). The court shall schedule the trial as soon as mutually convenient to the court and parties. The court shall notify parties of the trial date and of any final pretrial conference. (Id.)

Final pretrial conferences. The court, in its discretion or upon motion, may direct the attorneys and, when appropriate, the parties to appear for such purposes as settlement and trial management. The conference shall be held as close to the time of trial as reasonable under the circumstances. (Id.)

If disputes remain unresolved at the close of discovery, either party may file pretrial motions to address specific issues or request court intervention. These motions may involve requests for additional discovery, enforcement of temporary orders, or other matters. (Id.)

• Timeframe: Hearings on pretrial motions are typically scheduled within approximately 1-3 months, depending on the court’s docket.

8. Trial (6-12 Months After Filing)

If the parties cannot reach a settlement, the case proceeds to trial. During the trial, both sides present evidence and testimony to support their positions. A judge then makes decisions on all contested issues, including property division, child custody, and support.

• Timeframe: Trials are usually scheduled not sooner than 6 months (and may be set for trial 12 months or more) after the initial filing of the petition for divorce, depending on the court’s availability and the complexity of the case.
• Length of Trial: Most divorce trials last 1-3 days, though complex cases may take longer.

9. Final Divorce Decree (Shortly After Trial or Settlement)

Once the trial concludes or the parties reach a settlement, the judge issues a Divorce Decree, which legally ends the marriage and outlines the terms of the divorce. If both parties agree to all terms earlier in the process, the decree may be issued as soon as the court is provided with the proposed Findings of Fact and Conclusions of Law, proposed Decree of Divorce, other documents required to be on file with the court, and after mandatory waiting period expires.

• Timeframe: The decree is typically issued within a few weeks of the trial or settlement agreement.

Even after the divorce decree is signed and entered by the court in its file, if there are errors in the Findings of Fact and Conclusions of Law, proposed Decree of Divorce, a motion can be filed to amend and correct them (Utah Rules of Civil Procedure, Rule 52).

A new trial can be requested if there was irregularity in the proceedings of the court, any order of the court, or abuse of discretion by which a party was prevented from having a fair trial, accident or surprise that ordinary prudence could not have guarded against, newly discovered material evidence that could not, with reasonable diligence, have been discovered and produced at the trial, insufficiency of the evidence to justify the verdict or other decision, the decision of the court is contrary to law or based on an error in law (Utah Rules of Civil Procedure, Rule 59).

10. Post-Decree Issues (Ongoing, As Needed)

Even after the divorce is finalized, post-decree issues may arise. These include:

• Modifications: A party can request changes to custody, support, or alimony due to significant changes in circumstances through filing with the court a petition to modify the decree of divorce.
• Enforcement: Motions can be filed seeking to ensure compliance with the terms of the divorce decree (See Utah Rules of Civil Procedure, Rule 7B).
• Timeframe: Post-decree issues can arise at any time and may require additional court proceedings.

Typical Timeline Overview

• Filing to Final Decree (Uncontested): 1-3 months
• Filing to Final Decree (Contested): 6-12 months, potentially longer for complex cases

Understanding the timeline and steps involved in a Utah divorce case can help individuals navigate the process more effectively and more successfully.

While uncontested divorces can be resolved quickly, contested cases require time, patience, and legal guidance to ensure a fair outcome.

Utah Family Law, LC | divorceutah.com | 801-466-9277