When you’re ready to begin the divorce process in Utah, your first legal step is filing a petition for divorce. This formal document sets everything in motion—and while it might feel intimidating, understanding what it includes and how it works can ease the process and give you a sense of control.
What Is a Petition for Divorce?
The petition is a legal request submitted to the court asking for a divorce. It outlines your proposed terms for things like child custody, property division, alimony, and any other issues relevant to your situation. Even if your spouse doesn’t agree with everything in the petition, filing it is how the legal process begins.
Divorce Roadmap – Petition for Divorce
An introduction to filing for divorce in Utah, including what the petition involves and how the process begins.
Who Can File?
To file for divorce in Utah, at least one spouse must have lived in a Utah county for at least 3 months. If children are involved, they must have lived in Utah with one or both parents for at least 6 months prior to filing.
What’s Included in the Petition?
The petition lays out key information about:
- The spouses (names, addresses, date of marriage)
- Any children from the marriage
- Requested arrangements for child custody, visitation, and support
- Proposed division of property, debts, and assets
- Requests for alimony, if applicable
It may also request temporary orders to establish immediate ground rules—like who stays in the house or who pays which bills—while the case proceeds.
Serving the Petition
Once filed, the petition must be legally delivered to your spouse. This is called “service of process.” Your spouse then has 21 days (or 30 if they live out of state) to respond with an answer or counter-petition.
What Happens Next?
After the petition is filed and served, the divorce case moves into the next phase: discovery, temporary orders, mediation, or pre-trial, depending on your case. In Utah, there’s also a mandatory 30-day waiting period after filing before a divorce can be finalized (unless waived by the court).
Final Thought
Filing a petition might feel like a major moment—and it is. But it’s also just the beginning. At JR Law, we walk you through each step with clarity and compassion, helping you make smart decisions from day one.
Need help getting started? Contact our team to schedule a consultation and find out what your next step should be.
Disclaimer: These videos are for general informational purposes only and donot constitute legal advice. Viewing this content does not create an attorney-client relationship. For guidance specific to your situation, please consult a licensed attorney in your jurisdiction.