(801) 254-9450 While the state provides options for dissolving your marriage, the process is not always easy. The courts require that you meet certain eligibility requirements, and failure to do so could mean costly and time-consuming delays.
If you have questions about South Jordan divorce requirements, the team at Carr | Woodall has the answers. Let our compassionate divorce attorneys help you navigate this difficult stage in life and move forward to what comes next.
The most significant qualification for divorce in South Jordan is residency. Utah courts can only consider your case and dissolve your marriage if they have jurisdiction over you, which means you or your spouse must be considered a resident of the state.
Under Utah law, one spouse must have lived in the specific county where they intend to file for at least 90 days before filing the petition. It is important to note that either party can meet this requirement, not just the person filing for divorce. An experienced family law attorney could help confirm your eligibility and guide you through the divorce process, including exceptions and complexities for unique family circumstances.
State law does provide exceptions for military families. Active-duty service members who are stationed in the state for at least six months may file for divorce as if they were regular residents. This allows service members and their spouses access to the courts even if they do not have permanent residency in the state.
When children are involved in a divorce, the regulations are strictly enforced. For issues such as child custody and support, at least one parent and the children generally must have lived in the state for six months. This ensures the court has proper jurisdiction to make long-term decisions regarding the children’s welfare.
It takes time to secure a divorce, even in cases where both spouses agree on ending the marriage. One of the legal requirements is a mandatory 30-day waiting period from the time the divorce petition is filed in South Jordan until the day the final decree is issued. The law puts this waiting period in place to allow spouses to reconsider the split and work things out.
In limited situations, judges may agree to waive this 30-day requirement. Either party can request the waiver, although the courts will not grant these requests without a good reason. The person requesting the waiver must establish the existence of extraordinary circumstances that make an expedited divorce necessary. The law does not strictly define what extraordinary circumstances include, but many requests involve allegations of domestic violence.
If your marriage is coming to an end, it is important to understand the South Jordan divorce requirements that apply to you. Our experienced legal team could provide vital support throughout the divorce process, ensuring that you comply with state law. Reach out to Carr | Woodall today to get started with a private consultation.