The Legal Basics
How Utah family law actually works — the plain-English version.
Divorce in Utah
There are two kinds of divorce in Utah: contested and uncontested. The difference is simple. If you and your spouse agree on everything — who gets what, where the kids live, who pays support — you can file an uncontested divorce and be done in about 45 to 90 days after Utah's mandatory 30-day waiting period. If you don't agree on something, it's contested, and it can take months to a year.
Most "uncontested" divorces come in believing they're uncontested and turn out not to be. That's normal. That's why a family law attorney does an intake call before anyone files — to figure out which one you're actually in.
Child custody — the 111-night rule
Utah splits custody into two things: legal custody (who makes decisions — school, medical, religious) and physical custody (where the kids sleep). The number that matters most is 111.
Utah law says that for a parent to have joint physical custody on paper, the kids need to spend at least 111 overnights per year with them. Below that, you're on a primary-custody-plus-parent-time schedule. Above that, you're joint physical.
That number shapes almost every custody fight in this state — schedules, support calculations, relocation cases. It's also one of the first things we calculate at your consultation.
Child support
Utah uses a formula. The formula takes both parents' gross incomes, the number of children, and the custody arrangement, and it spits out a monthly number. You can look it up on the state's website.
But the formula assumes honest income reporting. If your ex runs a business and takes most of their income in "draws," or if they've suddenly "gotten laid off" the month before filing, the formula is no longer the answer — discovery is. That's where a lot of custody cases actually live.
If your ex stops paying, Utah's Office of Recovery Services (ORS) can garnish wages, intercept tax refunds, suspend licenses, and — in severe cases — pursue jail time for contempt of court. They're effective, but they're slow. Sometimes a private enforcement motion moves faster.
One important Utah rule that's easy to misunderstand: child support and parent-time are treated as separate issues by the court. Withholding parent-time because the other parent is behind on support is generally not permitted, and doing it can hurt your custody position.
Paternity in Utah
For unmarried parents, establishing paternity is a prerequisite to custody and support orders. Utah recognizes paternity through a Voluntary Declaration of Paternity signed by both parents, or through a court order, often supported by DNA testing. Until paternity is legally established, the biological father may not have recognized rights regarding custody or parent-time.
Alimony — the Jones factors
Utah courts use seven factors (from the Jones v. Jones case, codified in Utah Code §30-3-5) to decide alimony:
- The financial condition and needs of the recipient spouse
- The recipient's earning capacity
- The paying spouse's ability to pay
- The length of the marriage
- Whether the recipient has custody of minor children
- Whether the recipient worked in the paying spouse's business
- Whether fault contributed to the divorce (including adultery, abuse, or financial waste)
Short marriages rarely generate long-term alimony. Long marriages where one spouse stayed home to raise kids almost always do. Most Utah alimony orders last no longer than the marriage itself.
Before most contested divorces go to trial, Utah requires mediation — a neutral third party helps both sides try to settle. Mediation works surprisingly often, even in cases that feel impossible at the start. It's cheaper, faster, and keeps your life out of a public trial.
The Utah family court process
Utah uses a single state-court system, so the process below is largely the same statewide. In Weber County, family cases are filed in the Second Judicial District Court. Here's the actual sequence:
Petition filed
The case is officially open.
Service
The other side gets the papers, usually through a process server.
Response
The other side has 21 days (30 if served out of state) to file an Answer.
Temporary orders
If you need custody or support right now, a commissioner hears the motion within a few weeks.
Discovery
Both sides exchange documents and financial disclosures. Often the longest phase.
Mediation
Required in most cases before trial.
Trial or settlement
Most cases settle. Some don't.
Decree
The court issues final orders. It's done.
The full arc can run anywhere from 30–45 days (uncontested with agreement) to 6–18 months or more (contested, depending on the parties, discovery, complexity, and litigiousness). We tell you which end you're closer to in the first consultation.
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