I Live in Utah and my Spouse Lives in Another State; Should I File for Divorce in Utah?

Years ago, you and your spouse realized your marriage wasn’t working.

You moved back to Utah, probably to be closer to family, and your spouse stayed where you were living.

Now, you’ve decided it’s time to divorce, but you’re not sure where you should file.

Here in Utah? Back where we used to live?

The answer depends on a few things.

First, how long you’ve been in Utah. If you don’t have kids, and you’ve been here for more than 3 months, then you can file in Utah. If you have kids, and they’ve been in Utah for more than six months, then you can file in Utah.

Second, where your property and stuff is located. If your property is located where you used to live, and your spouse has never been to Utah, then you may need to file for divorce where you used to live. That’s a pretty odd set of circumstances that doesn’t happen often, so you’ll likely be fine filing in Utah, even if your property is in another state.

Third, which state has laws that will benefit you the most. All states have different divorce laws. For example, Indiana has very restrictive alimony laws, as does Texas. On the other hand, California and New York have very progressive generous alimony laws. If you had to choose between trying to get alimony in Utah and trying to get alimony in Indiana, you’ll almost always come out ahead in Utah. If you had to choose between fighting for alimony in Utah or California, you’ll almost always want to pick California.

Alimony is just one example. You’ll want to sit down with attorneys in both states and compare what you can expect to happen in each. That will help you decide where to file for divorce.

Call Brown Family Law

If you find yourself facing a Utah divorce or paternity situation, please call 801.685.9999 for an in-person consultation, or use our online scheduling tool.

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Bacca Clements

3 days ago

Going through a custody case is overwhelming, but having my attorney Nick, made all the difference. He was calm when I was stressed, always responsive, explained everything clearly, and truly had my child’s best interest at heart. Attention to detail, and courtroom presence made a huge difference. I felt heard, respected, and protected throughout the entire process. His communication was clear and consistent, and I never felt left in the dark. I’m beyond grateful for his hard work and dedication. I would absolutely recommend Nick to anyone needing strong, compassionate representation .

Chris Bonnett

2 weeks ago

Clay and Whitney and the wholesome respect I received during my entire interaction was amazing. They gave me valuable advice/feedback and a joy to work with. Highly recommend #10Stars

BJay Brown

3 weeks ago

I’m very glad I chose Brown Family Law to handle my divorce. From start to finish, the process went smoothly. Divorce can be incredibly stressful, but much of that stress was eased thanks to their professionalism and guidance. Special thanks to Nicholas Schwarz and Carren Leavitt—both are outstanding attorneys who clearly know exactly what they’re doing. I couldn’t have asked for better representation. Thank you!

Cip Madrigal

3 weeks ago

Nick and his team were professional, responsive, and incredibly effective. I’m extremely grateful for their guidance and highly recommend them to anyone needing a divorce.

Dell Clayton

3 weeks ago

Brown Family law. Nick and his partner Carren did a fantastic job handling my divorce. They always had my back. It was a difficult time of my life. They kept in touch with me every week. They were so though. I absolutely would record them.

Nicole M

4 weeks ago

Nick and Carren had amazing communication throughout this entire experience and answered all questions and concerns quickly! Would definitely recommend them. I had a wonderful experience with them.

Blake Carter

4 weeks ago

Communication is a big thing for Brown Family Law and it showed. They were very helpful in answering any questions I had, and helping make all the complexities of law understandable.

Erin Kammer

4 weeks ago

Working with Carren was a great experience. She not only deeply knowledgeable about the legal process, but also incredibly patient in answering my questions and explaining complex documents. She was always responsive, professional, and went above and beyond to ensure I felt supported throughout my case. I couldn’t have asked for better help!

Ilya “Mr Vop” Vopilov

4 weeks ago

This office worked with my situation and my needs.

They were patient and explained the process to me if/when I had questions.

Over all a good service.

Nicole Lepore

1 month ago

When I came to Brown Family Law I had lost all hope that my divorce would ever be completed. I had served my ex with numerous previous petitions, and had never been able to get to the finish line. Feeling defeated and frustrated I decided to give it one last shot and contact Brown Family Law. Jennifer, Dani and Marco Brown himself listened to my intricate story and worked with expertise and grace to finally get my divorced finalized after a 6 year long journey. You can not put a price on your freedom or peace of mind and that's exactly what they have given me. Brown Family Law is exceptional at what they do. I would highly recommend them and their incredible team!! Thank you , Thank you, Thank you!!!!

I Live in Utah and my Spouse Lives in Another State; Should I File for Divorce in Utah?

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