FAQ

Plain answers to hard questions.

How long does a divorce take in Utah?

Utah law requires a mandatory 30-day waiting period from the date the petition is filed. If you and your spouse agree on everything, the divorce can be finalized shortly after those 30 days. If the divorce is contested, it can take several months to over a year, depending on the complexity of the issues and court availability.

Do I have to go to court?

Not necessarily. Most divorce and family law cases in Utah settle outside of court through negotiation or mediation. Litigation is an option of last resort when an agreement cannot be reached. We prepare every case as if it will go to trial, which often encourages settlement.

How are custody and parent-time decided?

Utah courts make custody decisions based solely on the "best interests of the child." They look at factors like who has been the primary caretaker, the bond between the child and each parent, moral character, and the ability of each parent to encourage a relationship with the other. There is a strong presumption that children benefit from significant time with both parents.

What are the mandatory education and mediation requirements?

In Utah, if you have minor children, both parents must complete a Divorce Orientation course and an Education for Divorcing Parents course. Additionally, if you cannot agree on terms, the court requires you to attempt mediation before you can proceed to a trial.

What should I expect for costs and retainers?

We work on a retainer basis, billing hourly against that retainer. During your initial consultation, once we understand the specifics of your case, we will provide a realistic estimate of the costs involved. Simple, uncontested cases cost significantly less than high-conflict litigation.

What should I do if I am served with papers?

Do not ignore them. In Utah, you generally have 21 days to file a formal response (or 30 days if served outside the state). If you fail to respond, a default judgment could be entered against you, giving your spouse everything they asked for. Contact an attorney immediately to protect your rights.