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.