Filing an uncontested divorce online in Utah

• Starting court filing fee: about $325
• Mandatory waiting period: 30 days from the date you file
• Document prep: Utah Courts’ free MyPaperwork system (think “TurboTax for divorce forms”)

⚖️ Important: This is general legal information based on Utah law—it’s not specific legal advice for your situation. Talk with a Utah divorce lawyer about your particular facts before making decisions.

What counts as an “uncontested” divorce in Utah?

• How to divide property?
• Who will be responsible for which debts?
• Whether there will be alimony (spousal support), and if so, how much and for how long
• If you have minor children:
• • Legal custody (who makes major decisions)
  • Physical custody / parent‑time
  • Child support

• Both of you sign a stipulation (a written settlement agreement) or
• The non-filing spouse (the “respondent”) signs an “Acceptance of Service, Appearance, Consent, and Waiver” form, agreeing to all terms and waiving a formal hearing.

Residency and basic eligibility

Basic residency rule

• Lived in Utah, and
• Lived in the county where you’re filing,
• For at least 90 consecutive days immediately before filing.

Military service

Consent to Utah’s jurisdiction

Extra rule when you have minor children

• The child has lived in Utah with a parent for at least six months before filing.

Grounds for divorce in Utah

The ground almost everyone uses: “irreconcilable differences.”

• It simply means the marriage has broken down and there’s no reasonable chance of fixing it.
• You don’t have to prove anyone did anything wrong.

Other grounds (you usually won’t need these in an uncontested case)

• Impotency at the time of marriage (§ 81‑4‑405(1)(a))
• Adultery (§ 81‑4‑405(1)(b))
• Willful desertion for more than a year (§ 81‑4‑405(1)(c))
• Willful failure to provide necessities (§ 81‑4‑405(1)(d))
• Habitual drunkenness (§ 81‑4‑405(1)(e))
• Felony conviction (§ 81‑4‑405(1)(f))
• Cruel treatment causing bodily injury or serious emotional harm (§ 81‑4‑405(1)(g))
• Incurable insanity (§ 81‑4‑405(1)(i))
• Living separately for three consecutive years under a separate maintenance decree (§ 81‑4‑405(1)(j))

Required documents (and what InstantOnlineDivorce.com actually does)

Core filing documents

• Petition for Divorce – starts the case (generated by us)
• Summons
• • Form 1015FA – in‑state service
  • Form 1016FA – out‑of‑state service
• Declaration of Jurisdiction and Grounds – Form 1051FA
• Certificate of Divorce – Utah Department of Health Form 404 (filed with the petition)

Financial disclosure (mandatory in every case)

• Financial Declaration – Form 1903FA
• • Exchanged between spouses within 14 days after the first answer is filed
  • Must include:
  • • 2 years of tax returns
    • 12 months of pay stubs
    • 3 months of bank / financial statements
  • Required by Utah Rule of Civil Procedure 26.1
• Initial disclosures – Form 1200FA
  (Basic information about witnesses, documents, etc., though in uncontested cases this is usually straightforward.)

Extra documents when you have minor children

• Parenting Plan – Form 1902FA
  This covers:
• • Who makes major decisions (legal custody)
  • Day‑to‑day and holiday schedules (physical custody / parent‑time)
  • How will you resolve future disputes?
    (Required under Utah Code § 30‑3‑10.9.)
• Child Support Worksheets – depending on your custody arrangement:
• • Form 1928FA – Sole physical custody
  • Form 1929FA – Joint physical custody
  • Form 1927FA – Split custody (each parent has primary custody of at least one child)

Settlement and finalization documents

• Stipulation – the written agreement both of you sign (usually generated by us)
• Acceptance of Service, Appearance, Consent, and Waiver – Form 1022FA
• • Used when the respondent agrees, accepts service, and waives further notice.
  • Must be notarized

• Findings of Fact and Conclusions of Law – Form 9997XX
• Decree of Divorce – Form 3003FA (proposed)
• Income Verification – Form 1052FA (if children are involved)
• Certificates showing completion of the required Divorce Orientation and Divorce Education courses (if applicable).

Step‑by‑step: how the online‑assisted process works

Step 1 – Make sure you’re eligible

• At least one of you has 90 days of residency in Utah and in the filing county, and
• You agree on everything: property, debts, alimony, custody, and child support.

Step 2 – Use InstantOnlineDivorce.com to draft your forms.

• Go to the our website and create an account.
• Work through the guided interview (very similar in feel to tax software).
• Download and review your forms carefully before signing.

💡 Cost tip: We charge $189 flat fee no hidden charges at all.

Step 3 – File your initial paperwork

• Petition for Divorce
• Summons (unless you’re proceeding by stipulation)
• Declaration of Jurisdiction and Grounds
• Certificate of Divorce
• Civil Cover Sheet

Step 4 – Serve your spouse (or get acceptance)

• Best option: your spouse signs:
  • The Stipulation, and/or
  • The Acceptance of Service, Appearance, Consent, and Waiver (Form 1022FA).

• Any adult over 18 (not a party to the case)
• A sheriff
• A licensed process server

Step 5 – Exchange financial disclosures

• Each of you completes Form 1903FA (Financial Declaration).
• You exchange the declaration plus:
  • 2 years of tax returns
  • 12 months of pay stubs
  • 3 months of statements for all relevant accounts

Step 6 – Take required courses (if you have minor children)

• Divorce Orientation Course – $30
• Divorce Education Course – $35

• The petitioner must complete both within 60 days of filing.
• The respondent must complete them within 30 days of being served.

Step 7 – Wait 30 days

• In rare cases and for extraordinary circumstances, you can request a waiver using Form 1211FA, but waivers are not common.

Step 8 – File your final documents

• Signed Stipulation
• Findings of Fact and Conclusions of Law
• Proposed Decree of Divorce
• Income Verification (Form 1052FA), if children
• Course completion certificates (if children)

Step 9 – Judicial review (usually without a hearing)

• A judge or commissioner reviews your paperwork.
• If everything is in order and the agreement seems reasonable and lawful, the court signs the Decree of Divorce.

Step 10 – Get certified copies

• Name change updates
• Retirement and bank accounts
• Real estate title work
• DMV, Social Security, etc.

Filing fees and fee waivers

Standard fees

• Petition for Divorce: $325
• Counterclaim: $130
• Petition to modify: $100
• Certified copies: $4 + $0.50 per page
• Parenting courses: about $65 total ($30 + $35)

Fee waivers (for lower‑income filers)

• Your income is at or below 150% of the Federal Poverty Level, or
• You receive means‑tested benefits (TANF, SSI, SNAP, Medicaid, etc.), or
• You receive legal services from a recognized nonprofit provider.

• The filing fee
• Required education courses
• The UDOH certificate fee
• Sheriff service fees (within Utah)

• Private process server fees
• Publication costs
• Recording fees (for deeds, etc.)

How Utah divides property and debts

Marital vs. separate property

• Marital property (usually divided):
• • Assets acquired during the marriage
  • Income earned during the marriage
  • Retirement benefits accrued during the marriage
  • Property—regardless of whose name is on the title—used for the benefit of the marriage
• Separate property (usually kept by the original owner):
• • Property owned before marriage
  • Inheritances
  • Gifts from third parties to just one spouse

What courts look at

• Length of the marriage
• Each spouse’s age and health
• Income, earning capacity, and education
• Contributions (financial and non‑financial) to acquiring and maintaining assets
• Parenting roles and future needs
• How each asset was acquired

Debts

• Debts tied to a particular asset often follow that asset.
• Premarital personal debts usually stay with the person who incurred them.
• Joint debts can be assigned to one spouse in the decree, but:
• • Creditors are not bound by your divorce decree.
  • If both names are on the account, the creditor can still pursue either of you.

Retirement accounts

• The Woodward formula is commonly used for pensions:
• • ½ × (value of the benefit) × (years married ÷ total years worked)
• To divide 401(k)s, pensions, and similar accounts without tax penalties, you usually need a Qualified Domestic Relations Order (QDRO).

Alimony (spousal support) in Utah

How courts decide whether to award alimony

1. Standard of living during the marriage
2. The requesting spouse’s reasonable financial needs.
3. The requesting spouse’s ability to earn
4. The paying spouse’s ability to pay
5. Length of the marriage
6. Whether the requesting spouse has custody of the minor children
7. Contributions to the other spouse’s education or career
8. Contributions to the other spouse’s business

Duration limits

• Alimony cannot last longer than the marriage.
• • Example: 7‑year marriage → alimony usually capped at 7 years

Special rule for longer marriages

• Alimony should, if possible, equalize the parties’ standards of living.

When alimony ends

• The recipient remarries, or
• Either spouse dies

• The paying spouse must file a motion within one year of discovering the cohabitation.

How amounts are calculated

1. Determine each spouse’s monthly income.
2. List reasonable monthly expenses.
3. Calculate the requesting spouse’s shortfall.
4. See if the other spouse has a surplus.
5. Set alimony at the lesser of the shortfall or the surplus.

Child support in Utah

Basic calculation steps

1. Determine each parent’s gross monthly income.
2. Subtract:
3. • Alimony paid to a former spouse.
   • Child support for other children
     → This gives you each parent’s adjusted gross income (AGI).
4. Add both AGIs together to get a combined income.
5. Look up the Base Combined Child Support Obligation in the statutory table.
6. Allocate the obligation based on each parent’s percentage share of the combined income.

Different worksheets for different custody setups

• Sole physical custody (one parent has the child more than 225 nights/year)
• Joint physical custody (each parent has at least 111 overnights/year)
• Split custody (each parent has at least one child primarily with them)

What counts as “income”?

• Wages, salary, bonuses, commissions
• Self‑employment income
• Rental income
• Dividends, interest, trust income
• Most other regular revenue streams

• Means‑tested public benefits (TANF, SSI, SNAP, Medicaid, etc.)

How long does child support last

• The child turns 18, or
• If still in high school at 18, through the school year when they should graduate

Office of Recovery Services (ORS)

• Help calculate support
• Process payments
• Enforce orders (wage garnishments, intercepting tax refunds, etc.)

Custody and parenting time: how Utah looks at kids’ best interests

• Legal custody: Who makes major decisions about education, healthcare, religion, etc.
• Physical custody: Where the child lives and how parenting time is split.

Presumption for joint legal custody

• The court starts from the assumption that both parents should share major decisions, unless there is evidence of:
• • Domestic violence
  • Abuse or neglect
  • Serious communication or safety problems
  • Other special circumstances

The 13 best‑interest factors

1. Any domestic violence or abuse
2. Each parent’s understanding of the child’s developmental needs
3. The parents’ parenting skills and willingness to co‑parent
4. Each parent’s moral character and emotional stability
5. Each parent’s desire for custody
6. Religious compatibility (if relevant to the child)
7. Relationships with extended family
8. Who has been the primary caregiver?
9. What arrangements have worked well historically
10. Keeping siblings together where possible
11. The child’s stated wishes (depending on age and maturity)
12. Strength of the child’s relationships with each parent
13. Which parent is more likely to encourage a relationship with the other parent

Parenting plans

• Allocate decision‑making authority for education, healthcare, and religion.
• Designate a “home base” for school enrollment.
• Spell out a detailed residential schedule, including:
• • Weekdays / weekends
  • Holidays and birthdays
  • Vacations and summers
• Identify how you’ll handle future disputes (mediation, counseling, etc.)

Service of process in uncontested cases

• Personal delivery by a sheriff, process server, or any non‑party adult
• Certified mail requiring the respondent’s own signature
• Other methods approved by the court

How can uncontested cases simplify service?

1. Acceptance of Service (Form 1022FA)
2. • Respondent signs, in front of a notary, acknowledging receipt and waiving formal service.
3. Stipulated divorce from the beginning
4. • If both of you sign the Stipulation and other necessary documents at the outset, you can proceed without traditional service; the court treats it as a jointly agreed case.

If you can’t find your spouse

• Publication in a newspaper
• Email
• Even social media messaging, if specifically authorized

Response deadlines

• 21 days to respond if served in Utah
• 30 days to respond if served outside Utah

Free and low‑cost help in Utah

Utah Courts Self‑Help Center

• Phone: 888‑683‑0009
• Text: 801‑742‑1898
• Hours: Monday–Friday, 9 a.m.–5 p.m.

• Answer procedural questions
• Point you to the correct forms and instructions.
• Refer you to low‑cost legal services.
• Connect you with a “Lawyer of the Day” for a short free consultation

Utah Legal Services

• Phone: 800‑662‑4245

Modest Means Lawyer Referral Program

• Phone: 801‑297‑7049

Legal clinics and mediation

• Virtual Legal Clinic – 30‑minute phone consultations with volunteer attorneys
• Family Justice Center (Utah County) – walk‑in clinic, typically Tuesday evenings
• Utah Dispute Resolution – sliding‑scale mediation starting at around $80/hour per party

Big picture: Is an uncontested Utah divorce realistic for you?

• $325 filing fee (often less overall if you qualify for fee waivers)
• 30‑day minimum waiting period
• InstantOnlineDivorce to build most of your forms

• Use InstantOnlineDivorce.com
• Qualify for course fee waivers.
• Don’t hire full‑scope attorneys.

• Meeting the 90‑day residency and, where relevant, 6‑month child residency rules
• Completing every required form correctly
• Making honest and complete financial disclosures
• Thoughtfully addressing custody, parent‑time, and support if you have children.

• Complex property (businesses, pensions, large retirement accounts)
• Significant differences in income or power
• Domestic violence or control
• Out‑of‑state moves or jurisdiction fights over kids.