Can I get a divorce in Utah if I don’t live in Utah? Learn how nonresidents who married online in Utah may qualify to file for divorce here.
Utah normally has a residency requirement for divorce. But Utah law provides a separate jurisdictional basis for certain couples who married remotely using a Utah marriage license and consented to Utah jurisdiction when they married.
This means some nonresidents can file for divorce in Utah even when neither spouse currently lives here—including qualifying couples who now live outside the United States.
At Weekes Law, we help qualifying clients determine whether Utah has jurisdiction and, when appropriate, handle the Utah divorce process remotely.
Can Nonresidents File for Divorce in Utah?
Utah became a popular location for online marriages because Utah County developed a digital marriage-license system that allows couples to apply remotely. Utah law also permits a marriage ceremony by remote appearance when the legal requirements are satisfied.
As a result, couples living throughout the United States and around the world have obtained Utah marriage licenses and married by video conference without traveling to Utah.
Some couples worked directly with Utah County. Others used online marriage services such as Courtly, VirtualMarriage, DistantWeddings, or similar providers.
Years later, some of those couples now need a divorce.
That creates an important question:
If neither spouse lives in Utah, can a Utah court still grant the divorce?
For qualifying online marriages, the answer may be yes, a Utah online marriage divorce is available.
Utah’s 90-Day Divorce Residency Requirement
The general Utah rule requires one spouse to be an actual and bona fide resident of the county where the divorce is filed for at least 90 days before filing.
However, that is no longer the only basis for filing a Utah divorce.
Utah Code § 81-4-402(1)(c) provides another basis: a person may bring a divorce action when both spouses consented to personal jurisdiction for divorce or annulment under Utah Code § 81-2-303(5)(a)(ii).
That exception is especially important for couples who married through Utah’s remote marriage process.
The Online Marriage Exception to Utah’s Residency Requirement
When certain couples obtain a Utah marriage license for a remote marriage, Utah law requires both applicants to sign an affidavit consenting to personal jurisdiction in Utah for purposes of divorce or annulment.
That consent can later provide the jurisdictional basis for a Utah divorce.
In other words, the fact that you live in another state—or another country—does not necessarily mean you must establish Utah residency before Utah can grant your divorce.
The important questions include:
- Was your marriage license issued in Utah?
- Was the marriage conducted through Utah’s remote-appearance process?
- Did both spouses execute the required jurisdictional consent?
- Do the circumstances of your divorce fall within Utah’s jurisdiction?
If you do not remember signing a jurisdiction affidavit when you got married, that is not unusual. It may have been one part of the electronic marriage-license application process.
I Got Married Through Courtly. Can I Get Divorced in Utah?
Potentially, yes.
If you used Courtly or another online marriage provider, the name of the company that facilitated your wedding is not ultimately what determines Utah divorce jurisdiction.
The more important question is whether your marriage was performed using a Utah marriage license and whether the jurisdictional requirements of Utah law were satisfied.
For example, if Courtly facilitated an online marriage using a Utah County marriage license, you may fall within the Utah jurisdiction provisions applicable to remote marriages.
The same analysis can apply to marriages facilitated through VirtualMarriage, DistantWeddings, another online marriage company, or directly through Utah County.
Can I Get a Utah Divorce If I Live in Another Country?
Potentially, yes.
The Utah divorce statute does not limit this jurisdictional provision to people who currently live elsewhere in the United States.
That means a qualifying couple may potentially use the Utah divorce process even when one or both spouses live outside the United States.
This is particularly useful because many couples chose Utah online marriages precisely because they lived in different states or countries when they got married.
For example, a qualifying case might involve spouses who now live in:
- different U.S. states;
- the United States and another country;
- two different foreign countries; or
- the same foreign country.
However, obtaining a Utah divorce and determining how that divorce will be treated under the laws of another country are separate questions.
Foreign countries have their own laws concerning recognition of marriages and divorces. Anyone who needs a Utah divorce decree recognized or enforced in another country should obtain appropriate advice concerning the law of that country.
Do I Have to Travel to Utah to Get Divorced?
In many qualifying uncontested cases, the process can be handled remotely.
Documents can generally be prepared, reviewed, signed, and filed electronically. Depending on the circumstances of the case and any requirements imposed by the court, a client may be able to complete the Utah divorce without traveling to Utah.
That can make Utah particularly practical for someone who married online through Utah and now lives hundreds—or thousands—of miles away.
Does My Spouse Have to Agree to the Divorce?
Your spouse does not necessarily have to want the divorce for you to obtain one.
However, whether your spouse cooperates can make a major difference in how the case proceeds.
An uncontested divorce is generally simpler when both spouses agree about issues such as:
- ending the marriage;
- division of property;
- allocation of debts;
- alimony, if applicable; and
- other terms of the divorce.
If your spouse refuses to participate or disputes the terms of the divorce, additional procedures may be required.
International service of process can also create additional issues when a spouse lives outside the United States.
What If We Have Children?
This is an important distinction.
A Utah court’s jurisdiction to end the marriage does not automatically mean Utah has jurisdiction to make an initial child-custody determination.
Child-custody jurisdiction is governed by separate law, including the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
If your children live outside Utah, particularly if they live outside the United States, the custody analysis may be different from the divorce-jurisdiction analysis.
For that reason, cases involving minor children should be evaluated individually.
How Long Does a Utah Divorce Take?
Utah generally requires at least 30 days to pass after the divorce petition is filed before the court may enter a divorce decree, unless the court finds extraordinary circumstances.
That does not mean every divorce will be completed in exactly 30 days.
The actual time depends on factors including:
- whether the divorce is contested or uncontested;
- how quickly both spouses complete documents;
- whether service of process is necessary;
- whether the spouse lives outside the United States;
- whether the court requires additional documents or proceedings; and
- the court’s processing time.
A straightforward, fully agreed divorce will generally be easier and faster than a contested case.
What If I Don’t Remember Whether We Signed the Utah Jurisdiction Affidavit?
Don’t assume that you cannot file in Utah simply because you do not remember the affidavit.
Online marriage-license applications involve a number of electronic acknowledgments, signatures, and documents. Years later, many people understandably do not remember each document they signed.
The better approach is to review the circumstances and records associated with the Utah marriage before deciding whether Utah jurisdiction exists.
Is an Online Utah Marriage the Same as an “Online Divorce”?
Not exactly.
The important point is not that the internet somehow creates divorce jurisdiction.
The legal basis comes from Utah law, the Utah marriage-license process, and—in qualifying cases—the spouses’ prior consent to Utah jurisdiction.
An online intake, electronic signatures, and remote communication simply make it possible for an attorney to handle much of the process efficiently for clients who do not live nearby.
Do I Need a Utah Divorce Attorney?
Not every uncontested divorce requires an attorney. But online marriages involving nonresidents can present legal questions that ordinary Utah divorces do not.
For example:
- Does Utah actually have jurisdiction?
- Was the required jurisdictional consent executed?
- Where should the case be filed?
- How should a spouse in another country be served?
- Can Utah decide issues involving children?
- What happens if the other spouse stops cooperating?
- Will the Utah decree need to be recognized in another country?
An online document service may be sufficient for some simple cases. An attorney can provide legal advice about the particular facts of your case and represent you before the Utah court if an issue arises.
Married Online in Utah? Find Out If You Qualify
If you were married online using a Utah marriage license but no longer live in Utah, you may still be able to obtain your divorce through a Utah court.
This can include people who married through Utah County, Courtly, VirtualMarriage, DistantWeddings, or another service that facilitated a Utah remote marriage.
Weekes Law represents clients in qualifying Utah divorce matters, including clients who live outside Utah and outside the United States.
You can start by completing our online eligibility process. We will use the information about your marriage, current residence, spouse, and other circumstances to determine the appropriate next step.
Get Started with a Utah Online Marriage Divorce
This article provides general information about Utah law and is not legal advice concerning any particular case. Laws governing recognition of a Utah marriage or divorce in another country vary by jurisdiction.
