When Can I File for Divorce in Utah?

Say you just got to Utah and you want to file for divorce. How long do you have to wait until you can actually file?

This is a great question and it has to do with something called jurisdiction.

Jurisdiction is the idea a particular place can make judicial decisions only when it has proper authority over a person or thing. In divorce, a state has to have jurisdiction over at least one of the spouses to make determinations in a divorce case.

In Utah, we have a specific law that answers this “how long” question:

The court may decree a dissolution of the marriage contract between the petitioner and respondent on the grounds specified in Subsection (3) in all cases where the petitioner or respondent has been an actual and bona fide resident of this state and of the county where the action is brought, or if 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, for three months next prior to the commencement of the action.

Utah Code, Section 30-3-1(2).

That’s a long way of saying you have to live in Utah for three months before you can file for divorce. In every divorce case we have litigated, three months actually means ninety days.

On a side note: the language “actual and bona fide resident of this state” is legal language that is designed to ensure only actual residents of Utah can file for divorce. In other words, you can’t live in California, come to Utah, stay in a hotel for ninety days, and then file for divorce. You actually have to be in Utah ninety days, intend to remain in Utah, and behave like you will remain in Utah.

We have litigated some “actual bona fide resident” cases, but they are very rare. Really, if you’ve been in Utah for ninety days, you’re good to file.

Divorce with kids

If you have children, the answer becomes slightly more complicated, but the basic rule of thumb is this: you can file for divorce after only ninety days, but Utah will not address child custody matters until the children have been in Utah for at least six months.

(I’ll explain why this is in a future blog post, but six months is the gist.)

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Daniel Tafur

Great support, Russell and Connor were amazing and got my case dismissed in only 2 months. Great communication with weekly calls. Easy to work with and were very conscious on not overspending my budget. Great team.

Response from the owner:Daniel, thank you for the kind words, and happy Russell and Connor did well for you.

heather saris

Anne Greyson long was great to work with she really listens and fights for her clients thank you so much for all your hard work

Response from the owner:Thank you, Heather. Glad Anne-Greyson helped you so well.

Chris Porter

You get what you pay for, and the Brown Family team is worth every penny. We truly appreciated their team-based approach, making sure that every detail of our case was thoughtfully handled. They were incredibly easy to work with, kept us informed throughout the process, and made sure no question ever went unanswered. By far the best family attorneys I’ve worked with, and the only ones I’ll call if I ever need legal help again.

Response from the owner:Chris, thank you. Glad we were able to guide you through your process.

Joselyn Cortes

Andrew made the whole process smooth and quick! Kept me updated on any changes, and followed up with me constantly!

Made me feel at ease throughout the whole process and made sure I felt seen/ heard!

Response from the owner:Joselyn, thank you for the kind words.

Suzanne Stevens

David Handy is my attorney and he is excellent. He understands my cases and is well informed to defend my needs and the needs of my kids. He is supportive and compassionate. Telling me how things are and what to expect. He does very well with my high conflict cases (protective order and divorce). I highly recommend him and the Brown Family Law firm. Everyone I have talked to is helpful. Especially Conor Schetzel who is currently the paralegal on my cases.

Response from the owner:Suzanne, thank you and glad David has taken care of you.

Jaren Harmon

Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!

Response from the owner:Jaren, thank you for the referrals.

Meghann Christensen

I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.

Response from the owner:Meghann, so glad Ray and Carren took good care of you.

Monica Cooper

I have worked with Andrew Christensen many times in a variety of situations. I am very impressed with his friendly demeanor in a difficult situation. I would highly recommend him to you without any reservations.

Response from the owner:Thank you, Monica.

Michael Bringhurst

Highly recommend Brown Family Law. Life is hard, divorce is harder, and Andrew Christensen is your guy to help you through to the other side.

Response from the owner:Mike, thank you for the kind words and the referrals.

David Thimm

When you’re going through a tough time and need legal help, this firm isn’t just a one-person operation. It’s a team of attorneys who work together to support you every step of the way. So you’re not just getting a lawyer, you’re getting a legal team behind you.

Navigating the legal system was a steep learning curve for me, and my situation was fairly complex. What stood out about this law firm was the way multiple attorneys collaborated to address my case. It wasn’t just one person working in isolation, but a team supporting each other to find the best path forward. That kind of collective effort is a real strength, especially in hard out complex situations like mine.

There was one issue I felt should have had a different outcome with the court. When I brought it up, the team responded in a very professional and respectful manner, which I truly appreciated. It came to my understanding that the legal system sometimes works in a way that is distant than I thought. This was presented to me in a way that someone outside of the legal system could understand.

In my experience, this firm takes the time to not only assist you, but also help you understand why things are happening. That made a big difference for me, and it’s something that really sets them apart.

Response from the owner:David, thank you for our conversation and taking the time to leave this review.

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When Can I File for Divorce in Utah?

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