Before filing for divorce, either you or your spouse must have lived in Utah for at least three months.
If you have minor children, they must have lived with one parent in Utah for at least six months before the court can decide custody.

There are exceptions in cases involving military families or urgent safety issues, but the general rule helps Utah courts maintain proper jurisdiction.
Our attorneys handle these details from the beginning, so your case proceeds without unnecessary delays or dismissals.

Utah allows spouses to file for divorce based on irreconcilable differences, meaning neither person must prove wrongdoing such as adultery or cruelty.
However, fault may still influence certain decisions. For example:

• A spouse’s financial misconduct can impact property division.

• Domestic violence or substance abuse can influence custody and visitation.

• Abandonment or marital waste can affect alimony awards.

Your attorney will determine how (and whether) these factors should be presented in your case to strengthen your position while keeping proceedings professional and focused on results.

When safety becomes a concern, swift legal action can make all the difference. Our attorneys assist clients in obtaining and defending against protective orders and restraining orders related to domestic violence, harassment, or threats.

We ensure the process is handled carefully and quickly, balancing your safety with the need for due process. If you’ve been falsely accused, our legal team also defends against wrongful or exaggerated allegations that could damage your reputation and rights.

The process begins when one spouse (the petitioner) files a Petition for Divorce with the Second District Court in Weber County. The petition outlines what the filing spouse is requesting—such as custody, support, or division of property.

The other spouse (the respondent) is then served with a copy of the petition and a Summons.
If the respondent disagrees with any part of the petition, they must file an Answer within 21 days (if served in Utah) or 30 days (if served outside Utah).

Failure to respond can lead to a default judgment—so timing and proper service are critical.
Our firm ensures every procedural step is completed correctly, protecting your rights from the very first

Divorce cases often take several months or more to resolve. During that time, the court can issue temporary orders to manage immediate needs such as:

• Child custody and parenting schedules

• Child support and spousal support

• Who will live in the marital home

• Who pays ongoing bills or debts

• Use of vehicles or business assets

These temporary orders provide structure while the case moves forward. Later, when the court enters the final divorce decree, it may make new or permanent orders on these same issues.
If your situation changes before the final hearing—such as a job loss or new evidence—your attorney can request that the temporary order be modified.

In contested divorces, both sides have the right to discovery, a formal process for exchanging information. This may include:

• Financial documents, tax returns, pay stubs, and account statements

• Property appraisals or business valuations

• Communication records, such as emails or texts

• Witness statements or expert reports

Because discovery can be complex and time-consuming, having experienced legal representation helps ensure that required documents are produced, deadlines are met, and evidence is preserved properly.
At Kaufman, Nichols & Kaufman, we use a combination of strategy, experience, and negotiation to reach fair settlements before trial whenever possible.

Utah law requires most divorcing couples to attempt mediation before proceeding to trial. A trained mediator works with both parties to identify possible agreements and reduce conflict.
Even in highly contested cases, mediation can help resolve some issues—saving both time and money.

If mediation fails, the court schedules hearings or a full trial. Our attorneys prepare each client as though their case will go to trial from day one, ensuring that every motion, document, and piece of evidence supports their desired outcome.

Child custody is often the most emotional part of a contested divorce.
Utah courts always prioritize the best interests of the child—not the preferences of either parent. Factors include:

• Each parent’s relationship with the child

• Stability of the home environment

• The child’s needs, age, and emotional health

• Each parent’s willingness to co-parent

• Any history of abuse, neglect, or substance use

In complex cases, the court may order a custody evaluation by a licensed psychologist or social worker. This professional evaluates both parents, the child, and the home environments, then provides recommendations to the court.

Our attorneys guide parents through this process, help them understand what evaluators look for, and advocate firmly for custody arrangements that protect the child’s wellbeing.

Financial stability after divorce is another major concern.
Utah follows state guidelines for child support, but judges can make adjustments based on specific circumstances such as medical needs or shared custody schedules.

Alimony (spousal support) is determined by several factors, including:

• The length of the marriage

• Each spouse’s income and earning capacity

• Standard of living during the marriage

• Contributions to the household or a spouse’s education

• Whether one spouse supported the other’s career

Our Ogden divorce lawyers build thorough financial profiles for each case to ensure accurate, fair support calculations that reflect your real situation.

Utah follows the principle of equitable distribution, meaning property is divided fairly—not necessarily equally.
Marital property typically includes:

• Real estate and retirement accounts

• Vehicles and household goods

• Business ownership interests

• Debts incurred during the marriage

Separate property—assets owned before marriage or received as a gift or inheritance—may remain with the original owner, though there are exceptions if it was co-mingled.
Our firm works with financial experts and appraisers to document all marital assets and debts, ensuring full transparency and fairness during division.