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: Marco Brown

Marco C. Brown was named Utah’s Outstanding Family Law Lawyer of the Year in 2015. He graduated with distinction from the University of Nebraska College of Law in 2007 and is currently the managing partner of Brown Family Law, LLC.

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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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Mindy Eddy

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.

Response from the owner: Mindy, thank you and glad Clay made you feel heard.

jaiden mauder

Daniel young was absolutely fantastic to work with and I would highly recommend him.

Response from the owner: Jaiden, glad Daniel was able to help you with your case. Thank you for your recommendation.

Aaron Dahle

Great to work with, thanks for everything

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Maili Marsden

Nathaniel and his team were incredible to work with! They were extremely thorough, responsive to my questions and kept me informed the whole time. I would highly recommend Nathaniel or anyone at Brown Family Law if you’re going through a divorce.

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

Shaun Jorgensen

Best attorney ever. They were so helpful and responsive

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Rachell McConkie

Highly recommend working with this group. Professional and communicative.

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Carol Peacock

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.

Response from the owner: Carol, thank you. Glad Nathaniel and Carren helped you.

David Kenney

Anne-Grayson was wonderful to work with very understanding

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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

Response from the owner: Thank you.

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.

Response from the owner: Thank you, Mariposa. Glad Carren and Daniel took such good care of you.

Chris Giotbanni

Had an excellent experience with the staff here. Sofie and Andy are great to talk to. Nice and they know a lot. You can tell they know how to win.

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Bella Tess

Dani is amazing! Her communication is awesome.

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Kyle Schroeder

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.

Response from the owner: Kyle, glad we could help. Kim enjoyed helping you with your case.

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Linzi Garner

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Response from the owner: Linzi, thank you for your kind words about Dani. Glad she was able to help you with your case.

John Holland

They are very efficient and Ray was exceptionally efficient, helpful and caring. I definitely recommend them.

Response from the owner: John, we're glad Ray served you so well. Thank you for your kind words.

McCray Jensen

Sophie was an amazing person to work with. She helped walk me through many of my concerns I had in a clear and concise manner. She regularly followed and reached out with me, making me feel like not just another number.

Response from the owner: Thank you, and so glad Sophie communicated so well with you.

Michael Eschrich

Ray did an outstanding job. Would highly recommend.

Response from the owner: Michael, glad Ray did such a good job for you.

Ariel Bezoski

Had an hour consultation. Answered all the questions I had, explained everything in an understandable way and followed up.

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Bill C

Carren and Jason were very helpful and quick to respond to my questions and concerns as we worked through my divorce, I would recommend them to anyone.

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James Herrera

I cannot say enough good things about Brown Family Law. Amy was my attorney and she was great! She always listened and responded quickly. Thanks to her, my case was resolved quickly. Thank you, Amy.

Response from the owner: Glad Amy communicated so well with you, James.

Jace Morris

Fast and kept me involved. Very professional team.

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Fer Esquivel Guillén

This firm is awesome but special shoutout to Dani, she is an outstanding paralegal. She is very knowledgeable

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Karl Bench

I can't say enough about Russell Yauney at Brown Family Law! He has helped me on multiple cases over the years and has always exceeded my expectations. Russell is one of the good guys who isn't afraid to tell you how it is and isn't afraid to stand up and fight for what is right. I'm glad that I have Russell and his team in my corner!

Response from the owner: Karl, glad Russell served you well.

Ryan Farrell

very helpful to fathers who have been broke by the system and targeted for vaporization(1984). Thank you brown family law.

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Samantha Lachowsky

Nathaniel was my attorney and I couldn't ask for someone more attentive and level-headed than he is. They made my divorce process so much easier and were very patient with me as I navigated the entire process. Thank you Brown Family Law for all of your help!

Response from the owner: Samantha, thank you and so glad Nathaniel did such a good job for you.

Danny Fenstermaker

Used Nathaniel Garrabrandt for a child custody case. He is very good, very professional and available. Having been through this a few times that communication is very important. The only warning, and this isnt just Nate per se, but very very costly.

Response from the owner: Danny, thank you for recommendation. Glad Nathaniel has been able to help you.

Amber McFee

I've witnessed firsthand how Brown Family Law works hard to care for their clients. They train their staff and attorneys on more than just the law, but how to serve clients with care and integrity.

Response from the owner: Thank you, Amber.

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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