Uncontested Divorce in Utah Step by Step

What "Uncontested" Actually Means in Utah

An uncontested divorce means both spouses agree on every issue: property division, debt allocation, spousal support, and — if children are involved — custody, parent time, and child support. There is no contested hearing, no trial, and in most cases, no court appearance at all.

The key word is every. If you agree on property but disagree about custody, that's a contested case. If you agree on everything except who keeps the family pet, it's technically still contested. One unresolved issue pushes the entire case into the contested track, which introduces mandatory financial disclosures, potential mediation, and a timeline that can stretch from months to over a year.

Step 1: Verify Residency

At least one spouse must have lived in the filing county for 90 continuous days immediately before filing (Utah Code § 81-4-402). If you have minor children, custody jurisdiction uses the UCCJEA home-state test: typically, the child must have lived in Utah with a parent for six consecutive months; for a child under six months old, the home state is where the child has lived since birth.

Step 2: Draft Documents Through MyPaperwork

Use Utah's MyPaperwork system (the replacement for the retired OCAP program) to generate your Verified Petition, Summons, and Domestic Relations Cover Sheet. The questionnaire takes 15 minutes to an hour depending on case complexity.

Before starting, have your property list, debt balances, income information, and parenting plan (if applicable) ready. MyPaperwork's documents expire seven days after generation, so download everything immediately.

Step 3: File and Pay

File your documents with the District Court clerk in your county. The filing fee is $350, plus $60 for the MyPaperwork document preparation — $410 total.

If that's a hardship, file a Motion to Waive Fees at the same time as your petition. A household of two qualifies at $2,555 or less in gross monthly income.

Filing binds the petitioner to the automatic domestic relations injunction (URCP Rule 109). The respondent becomes bound when served; the injunction restricts moving assets, canceling insurance, or making other major financial changes while the case is open.

Step 4: Serve Your Spouse

Even in an amicable divorce, your spouse must be formally served. The simplest option: have your spouse sign an Acceptance of Service form (Form 1022FA). It's free, avoids the need for a process server, and starts the response clock — 21 days if served in Utah or 30 days if served outside Utah.

If your spouse prefers not to sign, use a county sheriff ($30–$50) or private process server ($50–$100) to deliver the documents in person.

Step 5: File the Stipulation

Since both parties agree on all terms, you'll draft a written Stipulation that covers every issue — property, debts, support, and parenting arrangements if children are involved. Both spouses sign the Stipulation, and it's filed with the court.

The Stipulation effectively tells the judge: "We've worked this out. Here are the terms we both accept." In straightforward cases, the judge adopts the Stipulation into the final decree unless the terms are clearly unconscionable or fail to protect children's interests.

Step 6: Complete Parenting Classes (If Applicable)

Parents of minor children must complete two courses before the judge will sign the final decree:

• Divorce Orientation: $30 per parent; petitioner due within 60 days of filing, respondent within 30 days of service
• Divorce Education: $35 per parent; petitioner due within 60 days of filing, respondent within 30 days of service

Both are available online. File your completion certificates with the court — the decree won't move forward without them.

Step 7: File Final Documents After the Waiting Period

Utah requires a minimum 30 days from the filing date before a decree can be entered. Once that window passes, file your Findings of Fact and Conclusions of Law plus the Decree of Divorce.

For an uncontested case, no hearing is typically required. The judge reviews the package, confirms the terms are complete and fair, signs the decree, and the clerk enters it into the record. That entry date is when your divorce becomes legally final.

What It Costs Total

For an uncontested divorce with no fee waivers, budget roughly:

• Filing fee: $350
• MyPaperwork fee: $60
• Service of process: $0 (Acceptance of Service) to $100 (private server)
• Parenting classes (if children): $130 total ($65 per parent)

Total range: $410–$540, depending on service method and whether children are involved. Compare that to a flat-fee attorney at $1,000–$1,500 or a contested case that can run into the thousands.

Realistic Timeline

Most uncontested Utah divorces finalize in 45–90 days. The main variables:

• How quickly your spouse accepts service or is served
• Whether you need to complete parenting classes (add 2–4 weeks)
• How fast the judge reviews and signs the final documents

The 30-day statutory waiting period is the floor, not the ceiling. Clerical backlogs, parenting class delays, and incomplete paperwork push most real-world timelines closer to 60–75 days.

The Utah Divorce Filing Process Guide includes worksheets for drafting your Stipulation terms, organizing parenting schedules, and tracking every deadline from filing through finalization.

See more Utah guides →