Utah Marriage Laws
Utah makes it pleasantly simple to exchange vows, yet the State also enforces firm guardrails on age, licensing, ceremony rules, and the ways a marriage can be ended or declared void. Those statutes shape everything from honeymoon travel plans to how property is divided if divorce in Utah becomes unavoidable.
If you are tying the knot—or weighing a change in marital status—speak with Read Law at 801-348-6723 now for a free consultation with a seasoned divorce attorney in Utah.
Getting the License
Every couple must start at the county clerk’s counter. Bring government-issued photo ID, your Social Security numbers (or a sworn statement explaining why you do not have one), and a fee that ranges from roughly $40 to $60 depending on the county. The clerk issues the license on the spot; Utah imposes no waiting period or blood test. However, the document expires after 32 days, so plan the ceremony quickly or be prepared to reapply.
A clerk will also provide a form for the officiant to complete and return within 30 days of the ceremony. Failure to file does not nullify the union—but it complicates proof of marriage when you later apply for benefits or pursue a divorce. Keeping your paperwork tidy today reduces legal costs tomorrow.
Age and Consent Rules
Utah’s default marriage age is 18. Sixteen- and 17-year-olds may marry only if two conditions are met:
- A parent or legal guardian appears in person to give written consent, and
- A juvenile-court judge approves the match after verifying voluntariness and ordering brief premarital counseling.
Since 2025, Senate Bill 76 also imposes a 72-hour “cool-off” period before the court can sign off and prohibits weddings where the minor’s partner is more than four years older. These safeguards aim to deter coercion and child trafficking. If either party is 15 or younger, the union is forbidden and will be treated as void.
Ceremony Formalities
Utah is generous about officiants. Any minister, Native American spiritual adviser, judge, justice-court judge, mayor, county clerk, governor, lieutenant governor, or legislator may solemnize a marriage once two adult witnesses are present. Couples fond of destination weddings can marry in one county and file the license in another; Utah honors ceremonies performed anywhere in the State. The officiant must return the license to the clerk within 30 days—another deadline worth writing in your planner.
Marriages Utah Will Not Recognize
Utah’s public-policy goal is to safeguard family stability, so lawmakers draw bright lines around relationships they will not validate—no matter how sincerely the parties feel married.
Bigamy heads the list. In 2020 the Legislature adopted S.B. 102, reducing “simple bigamy” (cohabiting with someone while still married to another) from a felony to an infraction, but the statutory change did not breathe life into a second ceremony: the newer union remains void and cannot support an annulment in Utah or property claims.
Underage unions are the next category. Utah generally sets 18 as the marriage age, yet it makes a narrow allowance for 16- and 17-year-olds who secure a parent’s written consent and juvenile-court approval. In 2025 S.B. 76 added a 72-hour reflection window and banned weddings where the minor’s partner is more than four years older. A ceremony performed in defiance of any part of this process is automatically invalid, blocking spousal-visa petitions, intestacy rights, and “fault-based” alimony requests under Utah statutes.
Too-close relatives also face an absolute bar. Utah Code § 81-2-402 voids marriages between parents and children, siblings, aunts or uncles with nieces or nephews, and first cousins—unless the cousins are both at least 65, or both 55 plus infertile as confirmed by court finding. Because a prohibited union never existed in law, neither spouse can claim survivor benefits or an elective share of the estate if the other dies intestate.
Attempts to disguise or relocate such relationships rarely succeed. Federal agencies reviewing immigration waivers scrutinize whether the underlying union was valid where performed; probate judges in Salt Lake County will dismiss spousal-share petitions that spring from void marriages; and divorce attorneys in Utah routinely move to strike alimony claims if the parties were never legally wed. The safest course—before investing in joint property or starting a family—is to confirm that your intended marriage meets every statutory condition.
Unsolemnized (Common-Law) Marriage Recognition
Utah is among a handful of states that will treat a long-term partnership as a marriage after the fact—but only if the couple follows a detailed recognition procedure. Under Utah Code § 81-2-408, either partner may petition the district court (or the Office of Vital Records) to validate the relationship within one year after it ends.
The petition must show five elements: (1) both partners were legally free to marry; (2) they cohabited in Utah; (3) they held themselves out to friends, employers, and the IRS as married; (4) they shared marital obligations such as pooled finances; and (5) the relationship lasted long enough to demonstrate commitment.
Once granted, recognition gives the couple every right a formal ceremony would have conferred: elective-share claims in probate, employer health benefits, and the equitable-distribution rules that govern Utah divorces. If one partner files for divorce immediately after recognition, the two actions can be combined so the judge who confirms the marriage also allocates property and sets support. This procedural efficiency often saves litigants thousands in fees and keeps emotions from escalating—especially when they schedule the divorce mediation early in the case.
Timing is crucial. Miss the one-year window and the court loses jurisdiction to bestow marital status, leaving partners exposed if they later disagree about who owns the home or qualifies for retirement benefits. Because evidence can fade—joint-tax returns get purged, witnesses relocate—sworn affidavits, photographs, and shared-debt records should be gathered quickly.
Marriage Equality and Religious Accommodation
Utah’s path to marriage equality began with the 2013 federal district-court ruling in Kitchen v. Herbert, which struck down the state’s same-sex marriage ban; the Tenth Circuit affirmed the decision in 2014, and the Supreme Court allowed it to stand. Overnight, same-sex couples gained full access to spousal health plans, adoption rights, and the equitable-distribution standards that apply in every divorce in Utah.
In response, the Legislature enacted S.B. 297 (2015), allowing county clerks and religious officials to decline to solemnize a marriage on faith-based grounds so long as a qualified deputy or designee remains available during business hours to serve the public. This accommodation balances individual religious liberty with the constitutional duty to provide equal civil marriage access—a model other states have studied. For couples planning a wedding, the rule means that issuance of a license can never be delayed; if the elected clerk opts out, another clerk-staffed officiant must step in immediately.
Legal recognition also eliminated barriers in dissolution. Previously, some same-sex partners had lived together for decades with no lawful avenue to divide real estate if they split. Today, a spouse may file for Utah divorce, seek temporary possession of the marital home, and obtain child-support orders exactly as opposite-sex spouses do. Clerks report that dissolution forms have been updated with gender-neutral language, and district-court judges receive annual training on LGBTQ+ family-law issues.
If a religious officiant later refuses to provide divorce-related pastoral counseling, that refusal has no effect on court jurisdiction. For tailored guidance on filing strategy, schedule a strategy session with a Salt Lake City divorce attorney at Read Law—we have represented clients on both sides and understand its ongoing procedural nuances.
Ending the Marriage: Annulment, Separation, Mediation, and Divorce
When a relationship breaks down, Utah offers multiple exit routes, each carrying different procedural demands and financial consequences.
An annulment in Utah wipes the slate clean by declaring that no valid marriage ever existed—common grounds include fraud, incapacity, or a union that was void from the outset (for example, bigamy). While the court may still award temporary support or divide jointly acquired property, both parties immediately return to single status, and future tax filings treat them as if they had never been wed.
A legal separation in Utah (also called separate maintenance) leaves the marital bond intact but allows spouses to live apart under a formal decree covering custody, child support, and spousal maintenance. This tool is popular among couples who need to keep shared health insurance or who hope for reconciliation; nonetheless, any property acquired after the decree is typically treated as separate if the parties later pursue a full divorce.
Couples who agree on every issue may pursue an uncontested divorce utah. Utah law imposes a 30-day waiting period between filing and decree, though a judge can waive it for extraordinary circumstances. Parents must also complete orientation and education courses—60 days for petitioners, 30 for respondents—to help shield children from conflict. Because paperwork errors can still delay final judgment, many spouses hire divorce lawyers in Utah for document review even when the case is amicable.
If consensus proves elusive, the court requires most custody litigants to attempt divorce mediation before trial. Rule 4-510.05 of the Code of Judicial Administration lets either party terminate a stalled session but expects good-faith problem-solving first. Mediation often narrows disputes, cutting costs for both sides and freeing the docket for genuinely contested trials. When settlement fails, a judge will decide property and parenting issues under Utah’s equitable-distribution and “best interests of the child” standards.
In complex cases—high-asset businesses, interstate relocation, or allegations of abuse—a seasoned divorce lawyer in Salt Lake City can marshal expert appraisers, forensic accountants, and custody evaluators to secure a fair outcome. Throughout each phase, Read Law provides clear timelines, strategic guidance, and courtroom experience honed in both district and appellate courts.
Is Your Marriage Valid? Consult a Read Law Divorce Lawyer in Utah
Marriage sets powerful rights and duties in motion; so does ending one. Read Law has spent decades guiding clients through licenses, prenups, and even the most hard-fought divorce battles. If you need clarity on wedding requirements or are already weighing annulment in Utah, reach out today at 801-348-6723 to speak directly with a dedicated attorney who will protect your interests from the first consultation onward—contact us today.
