How Long Do You Have to be Separated Before Divorce in Utah?

Utah’s divorce laws do not specify a minimum period for which spouses need to be separated before filing for divorce. However, spouses do need to understand the state’s residency requirements because they are directly linked to the divorce-filing timeline.

Residency requirements when the custody of minor children IS NOT AN ISSUE
Residency requirements when the custody of minor children IS AN ISSUE
Special residency rules for members of the U.S. armed forces

Residency Requirements When the Custody of Minor Children IS NOT AN ISSUE

Utah’s Code Section 30-3-1 states that before filing for a divorce petition, you or your spouse should have been residing in a single county of Utah for at least three months. If the custody of minor children is not an issue, then either spouse fulfilling this condition can file for a divorce.

For example, suppose you and your spouse were residents of Salt Lake County for a few years. After separation, you moved to Morgan County while your spouse continued to reside in Salt Lake County. In case both you and your spouse are in agreement about the custody of your minor children, or if you do not have any minor children, you are allowed to file a petition for divorce in Salt Lake County because you have resided there for a few years. But if you want to file for divorce in Morgan County, you need to wait for 3 months before petitioning for divorce in its district court.

The reason behind the residency requirements is to ensure that either spouse is not inconvenienced and that the rights of both spouses to access the divorce system are balanced. If the residency requirement was not specified, either spouse could have filed for divorce in a state in which laws favored him/her.

Residency Requirements When the Custody of Minor Children IS AN ISSUE

If there is an issue connected to the custody of minor children, then the law requires that the minor child must reside with at least one of the parents in Utah for a minimum of six months before either spouse files for divorce. However, there is an exception:

Utah’s laws can waive this 6-month waiting period for parents with minor children so long both the parents attend the “Mandatory Education in Divorce and Temporary Separation” course conducted by an approved provider. Or, the parents can simply agree that Utah will take home-state jurisdiction over the children so Utah courts can have authority to make decisions regarding the children.

In this educational course, parents learn about the various stages of grief in a divorce. They also learn about how children experience divorce based on their age group and understanding of the things going on in their lives, what help children need in adjusting to the divorce, how to communicate with the children, what children should and shouldn’t know, how to promote the child’s self-esteem and boost his morale, how to decrease conflict, how to have a meaningful relationship with children post-divorce, and the monetary and legal implications of divorce.

The course also educates parents about how they can strengthen the marriage, resolve custody or child support issues without petitioning for divorce, the pros and cons of divorce, and the procedures involved in divorce litigation, collaborative divorce, and mediation processes.

Special Residency Rules for Members of the U.S. Armed Forces

If a member of the U.S. armed forces, who is not a legal resident of Utah, wants to file a divorce petition, then the law requires that he/she should be stationed, under military orders, in Utah for three months after filing the divorce petition.

In general, after a spouse files a divorce petition, the soonest a Utah court could grant the divorce, is 30 days after the filing date in cases in which both the spouses mutually agree to each other’s terms. Courts wait for 30 days in the hope that both spouses cool down and reconcile. High-conflict cases or cases in which fault has to be proven can take much longer.

About the Author: Keith Bruss

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I truly had a great experience working with Daniel and Carren. Divorce and lawyers are never where you want to end up, but they really made the whole process bearable. They always communicated with me, responded to messages, and were clear about what they were doing.Loved them but also hope I never have to see them again, you know?

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This law firm was so helpful in referring to other resources. Thank you so much!

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Response from the owner: Andrea, thank you and we're happy Russell and Connor were able to answer all your questions and help you with your case.

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Response from the owner: Sydnee, thank you. Glad we could help.

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I cannot thank Brown Family Law enough for their exceptional support during one of the most challenging times in my life. Daniel Brown was my attorney, and his professionalism, compassion, and expertise made the entire divorce process so much easier to navigate.Daniel took the time to explain every step of the process, answering my questions with patience and clarity. He was always responsive and made me feel like a priority, which gave me the confidence I needed to move forward. His attention to detail and ability to handle the complexities of my case were truly impressive.Thanks to Daniel and the team at Brown Family Law, I was able to achieve a resolution that I felt was fair and in my best interest. If you're looking for a family law attorney who is knowledgeable, supportive, and genuinely cares about your well-being, I highly recommend Daniel Brown and Brown Family Law. Thank you for everything!

Response from the owner: Tyler, so happy Daniel was able to help you and make you feel like a priority.

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Response from the owner: Bill, glad we could help you and your family.

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Brown Family Law really cares about their clients! Ray goes above and beyond to make sure you know what is going on and understand each step of the process. He'll answer each question honestly so you have a realistic expectation of the outcome. I hope to never need his services again, but if I do, he is the only one I'll work with. Thanks Ray!

Response from the owner: Amy, grateful Ray gave you straight answers and helped you so well.

Ryan C

Brown Family Law is an excellent choice for those in need of Family Law services. I was so overwhelmed when searching but they made the process very understandable and somewhat comforting. Ray and Carren were amazing! The communication couldn’t have been better. Thank you Ray, Carren and Brown Family Law for helping me through one of the most stressful events I’ll ever endure. I couldn’t have done it without you!

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curtis turnbull

Thank you very much for the personal attention, preparation, caring, counseling, and understanding. Divorce is difficult, especially with family, yet you held our hand through the entire process and helped us. Thank you.

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Response from the owner: So glad Ray and Carren served you well, Candy.

Kiki Neal

I called a number of attorneys in order to get a divorce. Most would call once and then not return phone calls. It was entirely frustrating. When I called Nathaniel at Brown Family Law, everything was easy. He and Carren were friendly and personable and, most importantly, quick and efficient. It took a total of eight weeks and two days and blammo! I was divorced.

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Eric Brown (Creeksidechiro)

Nathaniel was a great and answered all my questions and I am confident we’re heading in the right direction.

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Nathaniel is amazing at family law! Highly recommended checking them out!

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Aaron Wilde

I have worked closely with Marco Brown and Nathaniel Garrabrandt in many capacities. I refer family, friends, and clients to Brown Family Law because I know they will be taken care of by attorneys that understand the law and know how to effectively advocate for their clients. Highly recommended!

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I can't say enough good about this group. At the end of the day, Ray Hingson went out of his way to make everything run smooth. Even though the other firm encouraged and allowed them to use character assassination as a tactic, Ray stayed above the fray and made sure things were fair for both parties. If you want integrity and fairness for everyone involved these are your guys.

Response from the owner: Brandon, thank you for the recommendation. Glad Ray was able to help you.

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Andrew Christensen was an amazing advocate. He had my best interests in mind, he listened, kept me informed, made time for me, and had all the answers. No detail escaped his notice. He saved me time and money and I felt taken care of. I highly recommend Andrew to anyone.

Response from the owner: Jamie, so glad Andrew was able to help you.

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I would absolutely recommend Brown Family Law. In my situation, I paid the consulting fee and met with an attorney. In this meeting, the attorney was very kind and honest. After going through the details of my concerns, he informed me that it was highly likely that taking my concerns to court would cost more than what I'd see back. He also offered to refund the original consulting fee. I felt heard and trusted the advice he provided and decided to not move forward. I felt so much better after just talking with him even though the outcome wasn't what I wanted. At least I know now and am not constantly wondering. Thank you Brown Family Law for giving me peace of mind and for being so trustworthy.

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Aaron Dahle

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Response from the owner: So glad Nathaniel was able to serve you through your divorce.

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So grateful for Nathaniel and his paralegal Carren for helping me get thru my divorce, they were so professional, and kept in contact to update me twice weekly. I would highly recommend them.

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Anthony Neumann

Would like to shoutout Andrew Christensen for a smooth and easy process throughout the divorcé process. Andrew was always quick to respond and definitely has your best interests In mind. I would highly recommend you let Andrew represent you for anything in regards to family law! Thank you for everything Andrew! You’re the best!!

Response from the owner: Anthony, thank you for the recomnendation, and we're happy Andrew served you well.

J W

Had a zoom video consultation with Daniel today, he was amazing. Where the divorce was completed a few years ago and now modifications need to happen regarding custody and how far apart the parents can live, Daniel put us at ease as to what can be done, and what were the proper steps. He provided many example scenarios so we could have a much better understanding as to how things would or could happen. He answered each question with great detail. Very grateful for Daniel

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Kayla Paige Berry

Met with Daniel and he was amazing. He answered every single question I had and never made me feel dumb for the questions I was asking. He made things very easy to understand and follow. So grateful! Keep up the great work!

Response from the owner: Kayla, thank you and so glad Daniel was able to answer your questions and help you.

Mariposa S

Daniel Young and Carren Levitt from Brown Family law have been very kind to me during my court process. It’s been a lengthy process and during this process, one of my grandchildren needed surgery. They were very thoughtful and kind and sent flowers to her. I have a cognitive delay, They have been very kind and compassionate and patient with me. The whole staff is truly been kind.

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Brown Family Law was a very effective, communicative and hard-working representation in my recent case.They were transparent and responsive to my questions and concerns.Kim, Marco and their team were the best group of attorneys to have in my corner.Hopefully I'll never need a Family Law Attorney again, but if I do, I'll be calling Brown Family Law.

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People Also Ask

How Long Do You Have to be Separated Before Divorce in Utah?

Residency Requirements When the Custody of Minor Children IS NOT AN ISSUE

Residency Requirements When the Custody of Minor Children IS AN ISSUE

Special Residency Rules for Members of the U.S. Armed Forces

WHAT OUR CLIENTS SAY AND WHY

Check out what some of our real life clients had to say about working with Brown Family Law

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