Utah’s residency requirement for divorce is three months. Either party must have resided in one county in Utah for at least three months immediately before filing for divorce. See Utah Code Section 30-3-1.
The Court will have personal jurisdiction over the parties if they reside in Utah, or if they resided in Utah during the marriage.
Custody jurisdiction over the parties’ children is typically based on the children residing with one parent or the other for six months or longer in the state of Utah, with some exceptions.
Sometimes both parties file for divorce. In this rare circumstance, the Court may consolidate the competing divorce petitions . Typically, the party filing first will be designated as the “Petitioner” and the other party will be the “Respondent.”
These are the very basic requirements for Utah courts to have jurisdiction over a divorce case.
Each case is unique, however, and an individual filing for divorce may wish to consult with an experienced attorney to determine the optimal place for filing the divorce.
This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.