Help with divorce in Utah

Hi! I’m currently live in North Carolina and my spouse lives in Utah, is there any options how i can divorce is my partner is in another state? Maybe i can file documents online to a court? Marriage was also registered in Salt Lake City, do i have to visit Utah again in order to get a divorce?

If you have been a resident of the State of North Carolina for the last 6 months, then you can file for absolute divorce in North Carolina in the county where you reside. You do not have to go to Utah to file so long as you meet this residency requirement.

You would serve your spouse with the complaint at his/her residence in Utah, just as you would if he/she lived in North Carolina.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Hi Anna, thank you for your help very much! Yet, i still have a couple questions, so i would be very happy if you could help with them. I’ve been living in Carolina for last 5 months, so it’s not really clean to me whether i should wait a month to file for divorce in Carolina or start divorce process in Utah. Also, what documents gonna required to fill for divorce? Are they gonna be different depending from state that you living? I was looking at Utah court government website - https://www.utcourts.gov/howto/divorce/ but couldn’t find any information, so i would be really greatfull for you advice!

Did a tone of research - there is government Online Court Assistance Program (OCAP) in Utah that allows you to fill all documents for 20$ after registration - but it does not support electronical filing. My husband is constantly insists on divorce, so unfortunately i can’t wait for whole month and going to file for divorce in Utah by using online divorce services. It sucks that i have to go back in Utah for the court process, i would prefer to get a divorce in North Carolina insteat. Thank for help anyway!

If you have been living in NC for 5 months, then you will need to wait another month to be able to file in NC. If you still meet the residency requirement in Utah, then you may be able to file there, however, I am not licensed in Utah and therefore I am unable to give legal advice regarding Utah.

Given that you are living in NC and you say that Utah does not support electronic filing, then it may be much easier for you to file in NC in the county where you reside after one more month (assuming you meet the other requirements for divorce, including that you have been separated for one year).


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.