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Utah Divorce Residency Requirements

In order to file your Petition for Divorce in Utah, you must make sure the District Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Utah residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing 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 applys 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)

Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Utah. It is most common that people file for a divorce in the county in which they live. You can also read more about the Utah residency requirements in the Utah state statutes located at: http://www.le.state.ut.us/. If you are unsure of whether or not you meet the Utah residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.