An uncontested divorce in Utah occurs when both spouses agree on all terms including property division, alimony, child custody, and child support. No trial is needed. The parties submit a written settlement agreement and a stipulated decree of divorce for the judge’s approval. Uncontested divorces are faster, less expensive, and less stressful than contested divorces.
Last updated: July 2026
Key Takeaways
- An uncontested divorce requires both parties to agree on all issues.
- No trial is needed; the court approves the parties’ written agreement.
- Uncontested divorces typically finalize in 60 to 90 days.
- Legal costs are significantly lower than in contested cases.
- Even contentious cases can become uncontested if the parties reach an agreement before trial.
An uncontested divorce is the most efficient way to end a marriage in Utah. Both spouses agree on how to divide their property and debts, whether alimony will be paid, and all matters related to their children. They memorialize their agreement in a written settlement document and ask the court to approve it. If the judge finds the agreement fair and consistent with Utah law, the divorce is granted without a trial. This process saves time, money, and emotional energy.
The term uncontested does not mean the divorce was easy or that both parties are happy about it. It means they were able to set aside their differences long enough to reach a workable agreement. Many uncontested divorces involve difficult negotiations and compromise. The key difference from a contested divorce is that the parties ultimately reached an agreement rather than asking a judge to decide for them.
In an uncontested divorce, the parties submit a stipulated decree and settlement agreement to the court. If the court approves, the judge signs the decree without holding a trial. This is the fastest path to finalizing a divorce in Utah.
What qualifies as an uncontested divorce in Utah?
A divorce qualifies as uncontested in Utah when both parties agree on every issue in the case. The issues include: division of real and personal property, allocation of debts, alimony or spousal support (whether one party pays or there is no alimony), child custody (legal and physical), parent-time or visitation schedule, child support (calculated according to Utah guidelines), and any other matters specific to the case such as tax exemptions or insurance coverage.
If the parties agree on all issues, the case is fully uncontested. If they agree on some issues but not others, the case is partially contested. Even a single disputed issue requires the court to hold a hearing or trial to resolve that issue. Many cases start as contested and become uncontested later when the parties reach a settlement through negotiation or mediation.
How do you get an uncontested divorce in Utah?
To get an uncontested divorce in Utah, both spouses must first reach a written agreement on all issues. This agreement can be reached through direct negotiation, with the help of attorneys, or through mediation. Once the agreement is reached, it is documented in a Settlement Agreement and a Stipulated Decree of Divorce. The parties sign these documents, and the petitioner files them with the court along with the initial Petition for Divorce or after the Answer is filed.
The court reviews the stipulated decree to ensure it is fair and consistent with Utah law. The court pays particular attention to custody and support provisions involving children. If the court approves, the judge signs the decree, and the divorce is final. In many uncontested cases, neither party needs to appear in court. The entire process can be handled by mail or electronic filing in some counties.
What are the requirements for an uncontested divorce in Utah?
The requirements for an uncontested divorce in Utah are the same as for any divorce: the 90-day residency requirement under Utah Code Section 30-3-1 must be met. The petition must be filed in the correct county. The respondent must be served with the petition and summons. The respondent must file an Answer or the petitioner must obtain a default. Additionally, both parties must sign the stipulated settlement agreement.
If the parties have minor children, additional requirements apply. Both parents must complete a court-approved parenting class. The court must approve the parenting plan and find that it serves the children’s best interest. Child support must be calculated according to Utah guidelines and must be at least the guideline amount unless both parties agree to a different amount and the court approves the deviation.
How much does an uncontested divorce cost in Utah?
An uncontested divorce in Utah is significantly less expensive than a contested divorce. The court filing fee ranges from $325 to $375 depending on the county. If both parties represent themselves, the total cost may be limited to the filing fee plus service of process fees. If the parties use attorneys, legal fees for an uncontested divorce typically range from $1,500 to $5,000 total, compared to $10,000 to $50,000 or more for a contested case.
Some Utah attorneys offer flat-fee pricing for uncontested divorces, which provides cost certainty. Flat fees typically cover document preparation, review of the settlement agreement, and filing. If the case becomes contested at any point (for example, if the parties cannot agree on a term), the flat fee arrangement may change, and the case will convert to hourly billing. Understanding the fee structure upfront helps avoid surprises.
| Expense Category | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Filing fee | $325 to $375 | $325 to $375 |
| Service of process | $50 to $150 | $50 to $150+ |
| Attorney fees (typical) | $1,500 to $5,000 | $10,000 to $50,000+ |
| Mediation | Often not needed | $500 to $3,000 |
| Expert witnesses | Not needed | $2,000 to $20,000+ |
| Trial costs | Not needed | $5,000 to $30,000+ |
What are the advantages of an uncontested divorce in Utah?
The advantages of an uncontested divorce are substantial. It is faster, often completed in 60 to 90 days versus 6 to 18 months for a contested case. It is less expensive because there is no need for discovery, expert witnesses, depositions, or trial. It is less stressful because the parties control the outcome rather than leaving decisions to a judge. It allows for more creative and customized solutions that meet both parties’ needs.
For parents, an uncontested divorce sets a positive tone for future co-parenting. Parents who can negotiate a settlement are better positioned to communicate and cooperate after the divorce is final. The reduced conflict also benefits the children, who are less likely to be caught in the middle of parental disputes. Many family law professionals consider uncontested divorce the ideal outcome for all parties when agreement is possible.
Can a contested divorce become uncontested in Utah?
Yes. A contested divorce can become uncontested at any point before trial if the parties reach a full agreement. This is common. Many couples start with disagreements on some or all issues but eventually work through them through negotiation, mediation, or the passage of time. Once an agreement is reached on all issues, the case becomes uncontested, and the parties submit a stipulated decree for the court’s approval.
Settling a contested case before trial is almost always beneficial. It saves the cost of trial preparation and trial itself, which can be the most expensive phase of litigation. It also eliminates the risk of an unfavorable ruling from the judge. However, settlement requires both parties to be willing to compromise. If one party is unwilling to negotiate in good faith, the case will proceed to trial.
Frequently Asked Questions
Can I get an uncontested divorce if we have children in Utah?
Yes. Parents can obtain an uncontested divorce if they agree on custody, parent-time, and child support. The court must approve the parenting plan as being in the children’s best interest.
Do I need an attorney for an uncontested divorce in Utah?
No. Many couples handle uncontested divorces without attorneys by using forms from the Utah Courts website. However, having each party review their rights with an attorney is recommended.
Can one spouse change their mind after signing an uncontested divorce agreement in Utah?
Yes, until the court signs the decree. Either party can withdraw from the agreement before the judge approves it. After the decree is signed, it is binding.
How long do I have to wait to remarry after an uncontested divorce in Utah?
There is no waiting period to remarry in Utah. Once the decree is signed, you are free to remarry immediately.
Do both spouses need to appear in court for an uncontested divorce in Utah?
In most cases, no. If the stipulated decree is complete and approved by the judge, neither party needs to appear. Some counties may require a brief hearing for cases involving children.
What happens if we agree on everything except one issue in Utah?
The case is not fully uncontested. The court will need to resolve the disputed issue through a hearing or trial. The agreed-upon issues can still be presented to the court for approval.
Can I file for an uncontested divorce without my spouse’s signature in Utah?
No. An uncontested divorce requires both parties to sign the settlement agreement and stipulated decree. If your spouse will not sign, you cannot proceed as uncontested.
Is mediation required for an uncontested divorce in Utah?
Mediation is not required if the parties already agree. However, mediation can be helpful if the parties are close to agreement but need help resolving the last few issues.
Is an uncontested divorce right for your Utah case?
An uncontested divorce is the right choice for couples who can communicate well enough to reach agreement on all issues. It saves time, money, and emotional energy, and it gives the parties control over the outcome. Even if you start with disagreements, consider whether negotiation or mediation could help you reach a settlement. The benefits of an uncontested divorce are significant enough that most family law attorneys encourage clients to pursue settlement before resorting to trial.
Going through a divorce in Utah? Jeremy D. Eveland, MBA, JD, can help you navigate the legal process and protect your rights.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah family law attorney for advice specific to your situation.
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