Filing for Divorce and Modifying an Existing Custody Order
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
We have children together. He's no longer happy in the marriage. Need to start looking at options.
I think its best to get the divorce where he is not happy. We have custody arrangements already but they need to be changed.
Attorney Answer
You can file for divorce and ask the court to change your existing custody arrangement in the same case — you don't need two separate proceedings unless your current custody order is already a final, separate court order.
Utah is a no-fault divorce state, meaning you don't have to prove your husband did anything wrong — irreconcilable differences, essentially that the marriage isn't working, is enough to file. Once the divorce petition is filed, custody, parent-time, and support are all issues that get resolved as part of that same case, based on what's in your children's best interest going forward.
If your existing custody arrangement is a separate, already-final order — for example, from an earlier custody or paternity case — changing it may require showing a substantial, material change in circumstances since that order was entered, plus a showing that the change serves the children's best interest. If it's simply part of an informal arrangement rather than a final court order, the divorce case itself is where you'll ask the court to set custody terms from scratch.
Either way, the court's central question is the same: what arrangement best serves your children now, looking at things like each parent's involvement, stability, and ability to meet the children's needs.
What you can do
1. Locate any prior custody order to determine whether it's a final court order (which would require a modification standard) or simply an informal arrangement. 2. File your divorce petition and identify the custody terms you want changed, along with your reasons. 3. Gather documentation showing what's changed since any prior order and why the current arrangement no longer serves your children's best interest. 4. Consider whether mediation could resolve custody terms faster and with less conflict, since Utah courts often require or encourage it in custody disputes. 5. Talk to a Utah family law attorney about whether you need a modification petition, a divorce petition, or both, given your specific prior orders.
Cases Cited
Published decisions relevant to this issue, provided as legal background rather than advice about any particular case.
- In re Adoption of J.E..., 2024 UT App 34, 546 P.3d 972 — Court of Appeals of Utah 2024
- Blocker v. Blocker, 2019 UT App 82, 444 P.3d 541 — Court of Appeals of Utah 2019
- Blocker v. Blocker, 2017 UT App 10, 391 P.3d 1051 — Court of Appeals of Utah 2017
- Corn v. Groce, 2024 UT App 84, 552 P.3d 245 — Court of Appeals of Utah 2024
- Miller v. Miller, 2020 UT App 171, 480 P.3d 341 — Court of Appeals of Utah 2020
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Courts & Legal Aid in Utah
- File or look up a case through the Utah State Courts, which serves the state.
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Frequently Asked Questions
Does Utah require a specific reason or fault to get a divorce?
No. Utah recognizes no-fault divorce, meaning a spouse can file based on irreconcilable differences without proving misconduct by the other spouse.
What does "change in circumstances" mean for modifying a Utah custody order?
It generally refers to a material and substantial change since the prior order was entered — something significant enough that the original custody arrangement no longer reflects the children's current best interest.
Is mediation required in a Utah divorce or custody case?
Utah courts commonly require or strongly encourage mediation for contested custody and parent-time issues before a case proceeds to trial, though exceptions exist for cases involving abuse or safety concerns.
