Residency Requirements for Divorce: Utah
Utah has its own divorce laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the Utah residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides.
Utah Filing Requirements: In order to file for a divorce in Utah, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
The court may decree a dissolution of the marriage contract between the petitioner and respondent where the petitioner or respondent has been an actual and bona fide resident for 3 months of this state and of the county where the action is brought. This also applys to members of the armed forces of the United States who are not legal residents of this state, where the petitioner has been stationed in this state under military orders.
Unless the court, for good cause shown and set forth in the findings, otherwise orders, no hearing for decree of divorce shall be held by the court until 90 days shall have elapsed from the filing of the complaint, provided the court may make such interim orders as may be just and equitable.
The 90-day period shall not apply in any case where both parties have completed the mandatory educational course for divorcing parents. (Utah Code - Sections: 30-3-1, 30-3-18)
If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:
1. Do not proceed with a divorce and attempt to save your marriage.
2. Establish residency in Utah for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
3. Have your spouse do the filing if he or she meets the necessary residency requirements for Utah.
4. Choose another state in which you or your spouse may meet the residency requirements (all state residency laws are unique, so be sure to check the state in which you were married as a potential option).
- Start Your Utah Divorce Today (5 Great Options!)
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