Ending a marriage is never easy, but not every divorce needs to be long, stressful, or combative. When spouses can agree on major issues, the divorce process becomes significantly simpler. An uncontested divorce allows couples in Utah to finalize their separation efficiently, cost effectively, and with far less emotional strain. Even so, it is still important to understand your rights, ensure your agreement is fair, and follow Utah’s legal requirements.
At Hoyer Law Firm, we help individuals and couples navigate uncontested divorce with clarity and confidence. Whether you have already reached an agreement or are close to one, our role is to make the process smooth and legally secure so you can move forward with peace of mind.
An uncontested divorce occurs when both spouses agree on all major aspects of the divorce before filing or early in the process. Unlike a contested divorce, there are no unresolved disputes for a judge to decide. This type of divorce is often the quickest and most cost effective way to legally end a marriage in Utah.
To qualify for an uncontested divorce, spouses must agree on the following:
Even when both spouses are cooperative, Utah still requires certain steps before a divorce can be finalized. One spouse must meet the residency requirement of living in Utah, and in their current county, for at least 3 months before filing. Utah also has a mandatory waiting period for divorce, although it may be waived under specific circumstances.
If you and your spouse already agree on how to settle your divorce, an uncontested divorce may be the right option. If you are unsure whether you qualify, our firm can help you understand your options and determine your best path forward.
Not every couple is a good fit for an uncontested divorce, even when both parties would prefer a peaceful separation. Below are the key factors that determine whether your situation qualifies.
If you have children, you must agree on both physical and legal custody. This includes decision making authority, weekly schedules, holiday plans, and transportation arrangements. Utah requires parenting plans to be specific and detailed.
If parents cannot reach an agreement, the divorce becomes contested.
Utah follows equitable distribution principles, meaning property must be divided fairly. In an uncontested divorce, both spouses must agree on how to divide:
If there is disagreement or uncertainty about assets, it may be necessary to negotiate further or pursue a contested approach.
Spousal support is not required in every divorce, but when it applies, spouses must agree on:
If either spouse disputes alimony, the divorce is no longer uncontested.
Utah requires both spouses to provide full financial disclosures, including income, expenses, assets, and debts. This ensures agreements are made with transparency. Failure to disclose information accurately can lead to complications later.
An uncontested divorce relies on cooperation. If the relationship is high conflict or communication is difficult, the process may become contested even with best intentions.
If you meet these criteria, an uncontested divorce may be the fastest way to achieve a fair and durable resolution.
Uncontested divorce offers several benefits for couples who are able to agree on the terms of their separation.
Because there are no disputes requiring negotiation or litigation, legal fees are significantly reduced.
Without hearings or lengthy negotiations, uncontested divorces often finalize much sooner than contested cases.
Cooperation helps minimize conflict and tension. This is especially beneficial for families with children.
Spouses decide their own terms rather than leaving decisions to a judge.
With fewer hearings and filings, personal matters stay more private.
When both parties participate willingly, the long term co parenting or post divorce relationship tends to be more positive.
If these benefits align with your goals, an uncontested divorce may be the right approach for your family.
Even when spouses agree on all terms, it is important to ensure the divorce is completed properly and that the settlement is enforceable under Utah law. Our firm provides guidance throughout the entire process to prevent mistakes and ensure your best interests are protected.
We prepare all necessary forms, petitions, disclosures, and proposed orders to ensure accuracy and compliance.
Some DIY agreements are not enforceable or clear enough to stand up in court. We structure agreements so your rights and expectations are fully protected.
If you have already created your own agreement, we review it for clarity, fairness, and legal durability.
Spouses decide their own terms rather than leaving decisions to a judge.
Errors or omissions can delay your divorce or cause major issues later. We help ensure every detail is handled correctly the first time.
Uncontested divorce is not about taking sides. It is about ensuring a smooth, respectful, and legally sound resolution. Our team is here to help you do exactly that.
How long does an uncontested divorce take in Utah?
Most uncontested divorces finalize more quickly than contested cases. Timelines vary based on court schedules and required waiting periods.
Do we have to appear in court?
Many uncontested divorces in Utah can be finalized without a court appearance if all paperwork is completed correctly.
What if we agree on most things but not everything?
Even one unresolved issue means the divorce is not fully uncontested. Mediation may help resolve outstanding matters.
How much does an uncontested divorce cost?
Costs are typically significantly lower than contested cases. Exact fees depend on complexity and how much assistance is needed.
Can we modify the agreement later?
Some parts of a divorce decree may be modified in the future, especially issues involving children.
