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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Jared Benson

David and Dani were very helpful and made my case as stress free as possible.

carolyn nichols

Great Team. Efficient and smooth process. Excellent communication. Thank you David Hunt.

Sandra Zaragoza

I’m so grateful for attorney Nicholas Schwarz and paralegal Carren Leavitt at Brown Family Law. From day one, they were ready to work with me immediately, making my case feel like a top priority. Their organization is exceptional, every detail was handled with care and efficiency. Most importantly, their commitment to communication stood out. They kept me informed every step of the way, answered questions promptly, and made sure I fully understood my options.

If you want a legal team that is proactive, organized, and truly dedicated to their clients, I highly recommend Nicholas and Carren at Brown Family Law.

Kysha Jacobs

They got my dovorce going and stayed in contact with me every week. Every step of the way anytime I had questions they were answered fast. They made it so much easier.

troy byington

Clay was great to work with! He was very willing to explain everything I needed to know and helped me understand the options on my case. Very easy to work with.

Alija Music

Jennifer and Dani, as well the rest of the team went above and beyond when it came to my case.
I would highly recommend ‘Brown Family Law’.
My experience with them was exceptional.
Alija

Charisty G

Loved working with Daniel and the whole team. Great service.

Greg Misener

Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.

Mack

I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.

Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.

Alex Rogers

Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.

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

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