Can I File for Divorce in Utah?

The state of Utah has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with the District Court for your county in Utah. The Utah residency requirements are as follows:

The court may decree a dissolution of the marriage contract between the petitioner and respondent where the petitioner or respondent has been an actual and bona fide resident for 3 months of this state and of the county where the action is brought. This also applies to members of the armed forces of the United States who are not legal residents of this state, where the petitioner has been stationed in this state under military orders.

Unless the court, for good cause shown and set forth in the findings, otherwise orders, no hearing for decree of divorce shall be held by the court until 90 days shall have elapsed from the filing of the complaint, provided the court may make such interim orders as may be just and equitable.

The 90-day period shall not apply in any case where both parties have completed the mandatory educational course for divorcing parents.

The divorce is typically filed with in county in which the filing spouse resides.

(Utah Code - Sections: 30-3-1, 30-3-18)

If you DO NOT meet at least one of the above Utah residency requirements, you have the following options:

• Establish residency in Utah for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
• Have your spouse do the filing if he or she meets the Utah residency requirements.
• Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).

The divorce paperwork requires a signed authentication that the petitioner has been a resident of Utah for at least the past three months. You are considered a resident of Utah if you pay and file taxes in Utah. If the court requires further proof, your driver’s license with current address as well as utility bills or affidavit of a third party testifying that you are a resident is sufficient.