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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Briana Booth

I can’t say enough good things about Brown Family Law. Attorney Clay Randle truly went above and beyond for me and my child. From the beginning, he was supportive, patient, and fought hard for the best possible outcome.
What stood out most about Clay Randle was his compassion. He treated me like a real person during one of the hardest times of my life, not just another case. Clay Randle was always prepared, quick to respond, and took the time to explain everything in a way I could understand.
Clay Randle’s professionalism is outstanding, but what really sets him apart is how much he genuinely cares. He made me feel protected, informed, and confident when I needed it most.
If you are looking for a family law attorney who will truly go the extra mile and stand by you, I highly recommend Clay Randle. I am incredibly grateful for everything he did for me.

Thank you for going the extra mile for me Clay Randle, I appreciate your help as my Pro Say attorney.
- Briana

Richard Erskin

They are great and knowledgeable ppl , they been with me taking care of my legal needs for over 5 years. They will stand by you 100 percent till the case is done .

Response from the owner:Thank you, Richard.

Audrey Wise

Paul Waldron was excellent. He listened to all our concerns and helped us navigate our options to find the best out come. He and his staff were easy to communicate with and kept us updated through out the process. Would highly recommend!

Kathleen Prestwich

The attorneys at Brown Family Law, and Jennifer Keeton in particular, are so caring, as well as competent. Jennifer was always easy to get ahold of and was good at listening and understanding what my goals were, and I always felt that she would do her utmost to ensure that I was taken care of and able to achieve the best outcome for me and my children.

Moose leg 13

Clay did an amazing job helping me out with my case. He went above and beyond what he needed to, and got me the best outcome I could get.

Rhett McQuiston

I rarely ever leave a review but my divorce attorney, Nathaniel Garrabrandt, his paralegal and the entire Brown Family Law were great to work with. I received regular communication from Nathaniel and his staff throughout the process. Nathaniel was highly recommended to me and now I know why. I’m very grateful for Nathaniel and the staff at Brown Family Law. It was one of the most difficult times of my life and working with them made it a little better.

Cathi Kiger

Brown Family Law have been wonderful to work with. Their professionalism, knowledge and empathy were instrumental in the successful resolution of a very difficult situation. If we ever had need of an attorney with their skill set we would not hesitate to call on them again.

Ross Westwater

Absolutely stand out humans leading me through one of the most stressful and disorienting events of my life. I got what I needed and with my soul intact. Great insights, compassion and I feel having the support and capabilities of Nick to be instrumental to my coming out the other side with optimism! Cheers, Brown Family Law!

Bill Tovar

I cannot express how grateful I am for the way Nathaniel and the team at Brown Family Law handled my divorce case. Their level of professionalism and honesty is truly exceptional—qualities that used to be standard but, unfortunately, feel increasingly rare today. From start to finish, they were supportive, transparent, and genuinely committed to helping me navigate an incredibly difficult time. I felt heard, respected, and well-represented every step of the way. I highly recommend Brown Family Law to anyone seeking a trustworthy and skilled legal team.

Sincerely

William Tovar,

She Objects

I cannot recommend Attorney Fredian's work enough, she has been compassionate every step of the way, responsive, shown true care for her clients and an example of what a lawyer should be. An advocate who cares.

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

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