Utah Uncontested Divorce

File an uncontested divorce in Utah without a lawyer. See if you qualify, understand the process, and learn how to save time and money. Updated for 2026.

What is an Uncontested Divorce?

An uncontested divorce is one where both spouses agree on all issues, including property division, debt allocation, child custody, child support, and spousal support. Because there is nothing for the judge to decide, these cases move through the court system much faster and cost significantly less than contested divorces.

Uncontested

  • +Lower cost ($299 + filing fee with Divorce.ai)
  • +Faster timeline (2-4 months)
  • +Less stress and conflict
  • +No lawyer required

Contested

  • -Higher cost ($$10,000-$$30,000+)
  • -Longer timeline (6-18+ months)
  • -Higher conflict and stress
  • -Attorney usually needed

Do You Qualify for an Uncontested Divorce in Utah?

To file an uncontested divorce in Utah, you generally need to meet these criteria:

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Residency requirement met

At least one spouse has lived in Utah for 3 months.

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Agreement on property division

Both spouses agree on how to divide all marital assets and debts.

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Agreement on child custody and support (if applicable)

If children are involved, both spouses agree on custody, visitation, and child support.

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Agreement on spousal support (if any)

Both spouses agree on whether spousal support will be paid, the amount, and duration.

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Spouse is willing to participate

Your spouse must either sign the agreement or be properly served and not contest the filing.

Check your eligibility in 5 minutes

Answer a few questions and Divorce.ai will tell you if an uncontested divorce is right for your situation.

Utah Uncontested Divorce

Utah's uncontested divorce process allows spouses who agree on all terms to obtain a divorce after the mandatory 30-day waiting period. Petitions must be prepared using the Online Court Assistance Program (OCAP). If both parties agree and all paperwork is complete, the court may finalize the divorce without a hearing or with a brief hearing. The process typically costs $1,500-$3,000 with an attorney, or as little as the filing fee for self-represented litigants using OCAP.

Requirements for Uncontested Divorce

1.

Both spouses agree on all terms including property division, debt allocation, alimony, child custody, and child support

2.

Three-month residency requirement is met

3.

The 30-day mandatory waiting period must elapse after filing

4.

All required forms are filed, including those prepared through OCAP

5.

If children are involved, both parents must complete the mandatory Divorce Orientation and Education courses

6.

A signed stipulation or settlement agreement is filed with the court

How to File an Uncontested Divorce in Utah

1

Reach Agreement with Your Spouse

Discuss and agree on property division, debts, custody, support, and any other issues before filing. Write down your agreement — Divorce.ai can help you create a formal settlement agreement.

2

Complete Your Forms

Fill out the 3 required forms for Utah. See the complete forms list.

3

File Your Petition

File the petition with your local court and pay the $325 filing fee. E-filing may be available in your county.

4

Serve Your Spouse

Even in an uncontested divorce, you must formally serve your spouse. In many cases, your spouse can sign a waiver of service to simplify this step.

5

Wait for the Mandatory Period

Utah has a 30-day waiting period. Under Utah Code § 30-3-18, no divorce may be granted until at least 30 days have elapsed from the filing of the petition. This mandatory cooling-off period applies to all divorces. However, the court may waive the 30-day waiting period upon a showing of extraordinary circumstances, such as evidence of domestic violence or other emergency situations.

6

Receive Your Final Decree

Once the waiting period ends and the court approves your agreement, you will receive your final decree of divorce. Some courts require a brief hearing; others approve by mail.

File your uncontested divorce with confidence

Divorce.ai prepares all your Utah forms and settlement agreement. Guided, accurate, and affordable.

Common Mistakes in Uncontested Divorces

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Not putting your agreement in writing

Verbal agreements are not enforceable. Always create a written settlement agreement filed with the court.

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Forgetting about retirement accounts

401(k)s, pensions, and IRAs earned during marriage are marital property. Address them in your agreement even if one spouse doesn't claim them.

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Incomplete financial disclosure

Utah requires financial disclosure within 14 days. Hiding assets can void your agreement.

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Skipping proper service

Even if your spouse agrees, improper service can invalidate the entire case. Follow Utah's service rules carefully.

Frequently Asked Questions

What is an uncontested divorce in Utah?
An uncontested divorce means both spouses agree on all major issues including property division, child custody, child support, and alimony. Because there are no disputes for the court to resolve, uncontested divorces are faster and less expensive.
How much does an uncontested divorce cost in Utah?
An uncontested divorce in Utah typically costs $1500-$3000, including the $325 filing fee. Using Divorce.ai, you can prepare all required documents for $299 plus the filing fee.
Do I need a lawyer for an uncontested divorce in Utah?
No, you do not need a lawyer for an uncontested divorce in Utah. Many couples successfully file pro se (without a lawyer). However, if you have significant assets, children, or complex financial situations, legal review is recommended.
How long does an uncontested divorce take in Utah?
An uncontested divorce in Utah typically takes 2-4 months, including the 30-day mandatory waiting period.
What is a Uncontested Divorce in Utah?
A Uncontested Divorce is a streamlined divorce process available in Utah for qualifying couples. Utah's uncontested divorce process allows spouses who agree on all terms to obtain a divorce after the mandatory 30-day waiting period. Petitions must be prepared using the Online Court Assistance Program (OCAP). If both parties agree and all paperwork is complete, the court may finalize the divorce without a hearing or with a brief hearing. The process typically costs $1,500-$3,000 with an attorney, or as little as the filing fee for self-represented litigants using OCAP.

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