(a) Scope. This rule applies to the following domestic relations actions: divorce; temporary separation; separate maintenance; parentage; custody; child support; and modification. This rule does not apply to adoptions, enforcement of prior orders, cohabitant abuse protective orders, child protective orders, civil stalking injunctions, or grandparent visitation.
Rule 26.1.Disclosure and discovery in domestic relations actions
Part V: Depositions and Discovery · Last amended May 1, 2026 · Last verified July 13, 2026
This rule prints two full, separately-dated versions in the official compilation (a pending-amendment straddle); both are shown below.
In one sentenceRule 26.1 layers extra, automatic financial disclosure onto divorce, custody, support, and similar domestic relations cases — a completed Financial Declaration with tax returns, pay stubs, loan applications, real estate records, and account statements — due within 14 days after the first answer, with a lighter version for cases where assets aren't disputed.
Full Text of Rule 26.1
Rule 26.1. Disclosure and discovery in domestic relations actions — Effective until May 1, 2026
(c) Financial declaration. Each party must serve on all other parties a fully completed Financial Declaration, using the court-approved form, and attachments. Each party must attach to the Financial Declaration the following:
(1) For every item and amount listed in the Financial Declaration, excluding monthly expenses, copies of statements verifying the amounts listed on the Financial Declaration that are reasonably available to the party.
(2) For the two tax years before the petition was filed, complete federal and state income tax returns, including Form W-2 and supporting tax schedules and attachments, filed by or on behalf of that party or by or on behalf of any entity in which the party has a majority or controlling interest, including, but not limited to, Form 1099 and Form K-1 with respect to that party.
(3) Pay stubs and other evidence of all earned and un-earned income for the 12 months before the petition was filed.
(4) All loan applications and financial statements prepared or used by the party within the 12 months before the petition was filed.
(5) Documents verifying the value of all real estate in which the party has an interest, including, but not limited to, the most recent appraisal, tax valuation and refinance documents.
(6) All statements for the 3 months before the petition was filed for all financial accounts, including, but not limited to checking, savings, money market funds, certificates of deposit, brokerage, investment, retirement, regardless of whether the account has been closed including those held in that party’s name, jointly with another person or entity, or as a trustee or guardian, or in someone else’s name on that party’s behalf.
(7) If the foregoing documents are not reasonably available or are in the possession of the other party, the party disclosing the Financial Declaration must estimate the amounts entered on the Financial Declaration, the basis for the estimation and an explanation why the documents are not available.
(d) Certificate of service. Each party must file a Certificate of Service with the court certifying that he or she has provided the Financial Declaration and attachments to the other party.
(e) Exemptions.
(1) Agencies of the State of Utah are not subject to these disclosure requirements.
(2) In cases where assets are not at issue, such as paternity, modification, and grandparents’ rights, a party must only serve:
(A) the party’s last three current paystubs and the previous year tax return;
(B) six months of bank and profit and loss statements if the party is self employed; and
(C) proof of any other assets or income relevant to the determination of a child support award. The court may require the parties to complete a full Financial Declaration for purposes of determining an attorney fee award or for any other reason. Any party may by motion or through the discovery process also request completion of a full Financial Declaration.
(f) Sanctions. Failure to fully disclose all assets and income in the Financial Declaration and attachments may subject the non-disclosing party to sanctions under Rule 37 including an award of non-disclosed assets to the other party, attorney’s fees or other sanctions deemed appropriate by the court.
(g) Failure to comply. Failure of a party to comply with this rule does not preclude any other party from obtaining a default judgment, proceeding with the case, or seeking other relief from the court.
(h) Notice of requirements. Notice of the requirements of this rule must be served on the other party and all joined parties with the initial petition.
Rule 26.1. Disclosure and discovery in domestic relations actions — Effective May 1, 2026
(a) Scope. This rule applies to the following domestic relations actions: divorce; temporary separation; separate maintenance; parentage; custody; child support; and modification. This rule does not apply to adoptions, enforcement of prior orders, cohabitant abuse protective orders, child protective orders, civil stalking injunctions, or grandparent visitation.
(c) Financial declaration. Each party must serve on all other parties a fully completed Financial Declaration, using the court-approved form, and attachments. Each party must attach to the Financial Declaration the following:
(1) For every item and amount listed in the Financial Declaration, excluding monthly expenses, copies of statements verifying the amounts listed on the Financial Declaration that are reasonably available to the party.
(2) For the two tax years before the petition was filed, complete federal and state income tax returns, including Form W-2 and supporting tax schedules and attachments, filed by or on behalf of that party or by or on behalf of any entity in which the party has a majority or controlling interest, including, but not limited to, Form 1099 and Form K-1 with respect to that party.
(3) Pay stubs and other evidence of all earned and un-earned income for the 12 months before the petition was filed.
(4) All loan applications and financial statements prepared or used by the party within the 12 months before the petition was filed.
(5) Documents verifying the value of all real estate in which the party has an interest, including, but not limited to, the most recent appraisal, tax valuation, and refinance documents.
(6) All statements for the 3 months before the petition was filed for all financial accounts, including, but not limited to checking, savings, money market funds, certificates of deposit, brokerage, investment, retirement, regardless of whether the account has been closed including those held in that party’s name, jointly with another person or entity, or as a trustee or guardian, or in someone else’s name on that party’s behalf.
(7) If the foregoing documents are not reasonably available or are in the possession of the other party, the party disclosing the Financial Declaration must estimate the amounts entered on the Financial Declaration, provide the basis for the estimation, and explain why the documents are not available.
(d) Certificate of service. Each party must file a Certificate of Service with the court certifying that he or she has provided the Financial Declaration and attachments to the other party.
(e) Exemptions.
(1) Agencies of the State of Utah are not subject to these disclosure requirements.
(2) In cases where assets are not at issue, such as parentage, modification, and grandparents’ rights, a party must only serve:
(A) the party’s last three current paystubs and the previous year tax return;
(B) six months of bank and profit and loss statements if the party is self employed; and
(C) proof of any other assets or income relevant to the determination of a child support award. The court may require the parties to complete a full Financial Declaration for purposes of determining an attorney fee award or for any other reason. Any party may by motion or through the discovery process also request completion of a full Financial Declaration.
(f) Sanctions. Failure to fully disclose all assets and income in the Financial Declaration and attachments may subject the non-disclosing party to sanctions under Rule 37 including an award of non-disclosed assets to the other party, attorney’s fees, or other sanctions deemed appropriate by the court.
(g) Failure to comply. Failure of a party to comply with this rule does not preclude any other party from obtaining a default judgment, proceeding with the case, or seeking other relief from the court.
(h) Notice of requirements. Notice of the requirements of this rule must be served on the other party and all joined parties with the initial petition.
Amendment History
Effective until May 1, 2026
Added effective November 1, 2011; amended effective November 1, 2016; November 1, 2021; May 1, 2026.
Effective May 1, 2026
Added effective November 1, 2011; amended effective November 1, 2016; November 1, 2021; May 1, 2026.
Advisory Committee Notes
Effective until May 1, 2026
Rule 26.1 was developed by the Family Law Section of the Utah State Bar. It represents the type of discovery or disclosure rule that the advisory committee anticipated when drafting proposed Rule 26(a).
Effective May 1, 2026
Rule 26.1 was developed by the Family Law Section of the Utah State Bar. It represents the type of discovery or disclosure rule that the advisory committee anticipated when drafting proposed Rule 26(a).
Plain-English Summary
Money and property sit at the center of most domestic relations disputes, so Rule 26.1 builds a standing financial-disclosure obligation on top of the general Rule 26 disclosures. It applies to divorce, temporary separation, separate maintenance, parentage, custody, child support, and modification actions, but not to adoptions, enforcement of existing orders, protective or stalking-injunction cases, or grandparent visitation. Within 14 days after the first answer to the complaint is filed, each party must serve a completed Financial Declaration on the court-approved form, backed by documentation: statements verifying the amounts listed, two years of tax returns (including W-2s and any K-1s or 1099s tied to entities the party controls), twelve months of pay stubs and other income evidence, loan applications and financial statements from the past year, records showing the value of real estate the party holds an interest in, and three months of statements for every financial account the party holds alone, jointly, or as trustee or guardian. If the underlying documents aren't reasonably available or sit in the other party's hands, the disclosing party must estimate the figures, explain the basis for the estimate, and say why the documents couldn't be produced. Each party then files a certificate confirming service of the declaration and its attachments.
Two categories get lighter treatment. Utah state agencies are exempt from the disclosure requirement outright. And in cases where the parties' assets aren't in dispute — parentage, modification, and grandparents'-rights matters are the examples the rule gives — a party need only produce recent pay stubs, the prior year's tax return, and, if self-employed, six months of bank and profit-and-loss statements, plus proof of any other income or assets relevant to a child support calculation; the court can still order a full Financial Declaration if it's needed to decide attorney fees or for another reason, and either party can request one through a motion or the discovery process. Failing to fully disclose assets and income can trigger sanctions under Rule 37, including awarding the undisclosed asset to the other party — but a party's failure to comply with Rule 26.1 doesn't stop the other side from moving for default, pressing the case forward, or asking the court for other relief. Notice of the rule's requirements must go out with the initial petition to every party and joined party.
Frequently Asked Questions
Which Utah family law cases require a Financial Declaration under Rule 26.1?
Divorce, temporary separation, separate maintenance, parentage, custody, child support, and modification actions. It does not apply to adoptions, enforcement of prior orders, cohabitant abuse or child protective orders, civil stalking injunctions, or grandparent visitation.
When is the Financial Declaration due in a Utah divorce or custody case?
Within 14 days after the first answer to the complaint is filed, in addition to whatever disclosures Rule 26 already requires.
What documents have to be attached to the Financial Declaration?
Statements verifying the listed amounts, two years of tax returns with W-2s and related schedules, twelve months of pay stubs and other income records, the past year's loan applications and financial statements, documentation of real estate values, and three months of statements for every financial account tied to the party, whether individual, joint, or held as trustee or guardian.
What if I can't get the financial records the rule asks for?
Rule 26.1(c)(7) allows an estimate when the documents aren't reasonably available or are in the other party's possession, as long as the disclosing party explains the basis for the estimate and why the documents couldn't be produced.
Do I have to complete a full Financial Declaration in every family law case?
Not necessarily. In cases where assets aren't at issue — such as parentage, modification, or grandparents'-rights matters — a party may serve a shorter set of documents instead, though the court can still require a full declaration for issues like attorney fees, and either party can request one.
What happens if a party hides assets or income in a Utah divorce case?
Failing to fully disclose assets and income can lead to sanctions under Rule 37, which can include awarding the non-disclosed asset to the other party, attorney fees, or other relief the court finds appropriate.
Does missing the Rule 26.1 deadline let the other party win by default?
Not automatically, but Rule 26.1(g) confirms that a party's failure to comply doesn't stop the other party from seeking default judgment, moving the case forward, or asking the court for other relief.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
Also known as: utah financial declarationURCP 26.1Utah R. Civ. P. 26.1divorce financial disclosure utahchild support financial declaration utahdomestic relations disclosure utah