A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.
Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.
Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.
In Utah, a spouse seeking to file for divorce must adhere to specific residency requirements. According to Utah Code Section 30-3-1, at least one of the spouses must have been a resident of the county where the divorce is filed for at least three months immediately preceding the filing of the divorce petition. If the couple has minor children, there is an additional requirement that the children must have resided in the state for at least six months. However, there are exceptions to this rule, such as for situations involving child custody jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). It's important to note that these residency requirements are designed to ensure that the court has jurisdiction over the case. If a spouse does not meet the residency requirements, they may need to wait until they do before filing for divorce in Utah.