What if my Divorce Decree Is not from Utah; Can I File a Petition to Modify in Utah?

Example 1

It’s a story we encounter often: couple gets married in Michigan, moves to Florida where they divorce, the spouse with the kids moves home to Utah, the other spouse moves to Utah to be closer to the kids, then there are issues and someone wants to change the divorce decree.

Problem is the divorce decree is in Florida and not Utah where everyone lives.

What do you do in a situation like this?

The process is usually pretty simple. First, you move the decree from Florida to Utah. You do this by filing a Registration of Foreign Order.

Second, after registration of the decree in Utah, you can attempt to change the decree by filing a petition to modify.

(Note: I say “usually” because sometimes it’s not simple. Sometimes, one spouse wants to keep the decree in whatever state it’s in now — Florida in the example above. If, however, neither parents lives in the old state and they both live in Utah, Utah will almost certainly take control of the case.)

Example 2

It’s a story we hear almost as often as Example 1: couple gets married in Michigan, divorced in Florida, and the noncustodial parent moves to Utah and wants to change the divorce decree.

Problem here is that not only the divorce decree is in Florida, but so are the kids and one parent.

This situation likely has an outcome different than Example 1.

Rule of thumb is this: if the children and one parent are still in the state where the decree was entered, then the decree will stay there, and the parent who lives in Utah will need to go back to the other state to change the decree.

Example 3

And then there’s this story (which we hear only slightly less often): couple gets married in Michigan, divorced in Florida, and the custodial parent moves to Utah and someone wants to change the divorce decree.

This situation’s interesting because it can turn in to a race to the courthouse.

What I mean is if the parent who still live in Florida files for a modification in Florida, the Florida court might keep jurisdiction of the modification, even if the kids have moved to Utah. Likewise, if the parent in Utah files first, Utah could well take control of the case.

Usually, Florida will give up its control over the case when the children have been gone for more than six months. So, the general rule is if you make it more than six months in Utah, you can file your Registration of Foreign Order and Utah will become the home state for the divorce, and then you can file your petition to modify.

Conclusion

Hope these examples (the most common situations we see) have given you some guidance on what happens when someone lives in Utah and their decree or is in another state.

Protect Your Money And Your Family

We remove fear associated with divorce, protect your money & maximize time with your kids!

We're here to help. Let's determine your best options.

Call Us 24//7 at 801-685-9999 to Speak with a Live Representative

Utah Divorce FAQs
Top 100 Divorce Blog
What Clients Are Saying…
BrownLaw icon
Excellent
Brown Family Law
4.8
Based on 929 reviews
Anne and Josh are Fantastic!!
I couldn’t have done it without Nathaniel Garrabrandt and the Brown Family Law truly the best experience and people to work with thank you!!
Brown Family Law is likely the most outstanding Family Law office in Utah. They care deeply about each client, responds quickly to every client question and concerns. If anyone is in a situation of divorce and/or child custody, I highly recommend this office to assist you with your rights. They stand firmly behind their clients.
Response from the owner:Thank you, Craig.
I can’t say enough good things about Clay Randle and Katrina Redd. They were both incredibly professional, responsive, and knowledgeable throughout my case. Their experience and advice were invaluable, and I truly appreciated their support every step of the way.
Daniel was patient, efficient, professional, and kind. Brown Family Law was easy to work with and very competent. Highly recommend.
Muchas gracias, professionales. Me ayudaron con mi caso, gracias.
Leilani Whitmer was my attorney for mediation day at the provo 4th district court on May 9th and absolutely knocked it out of the park. She made the process so smooth and easy I'd recommend her for any family law issue you could possibly fathom.
Clay Randle is absolutely amazing, well educated, knowledgeable lawyer. He’s approached, always makes sure you’re on the top of the situation and very helpful. I’ve had a pleasure working with him and I recommend him as your top notch attorney.
Brown Family Law has been wonderful to work with! Extremely knowledgeable and professional. Clay went the extra effort in everything he did for us. Couldn’t be more pleased!! I highly recommend their services.
Marco is beyond insightful!
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Categories

Related Posts