Cases Where the Marriage Took Place in a Foreign County but Both Parties Now Live in Utah
We have been ask a number of times by potential clients whether they can get divorced if their marriage was effectuated in another country. For example, assume a couple was married in Mexico and then chose to come to the United States together. In such a situation Utah has authority to divorce a couple so long as they have lived in Utah for the requisite statutory time.
Jurisdiction over a divorcing couple derives from the couple living within the territory of Utah. Thus, if the parties do not live in Utah (well, at least one of them) Utah does not have power to grant the divorce. Utah, therefore, has the power to grant a divorce to any couple so long as they live in Utah. It does not matter where the couple married. Jurisdiction does not derive from where the marriage license was issued.
If both parties live in Utah, Utah courts will have authority to divide the marital property and if their children live with them, power to arrange custody. Utah courts have the same powers in such divorces as in cases where the parties were married in Utah.
Cases Where the Marriage Took Place in a Foreign Country but Only One Party Lives in Utah and the Other Lives in the Foreign Country
Another example that we commonly deal with is where the marriage took place in another country and only one of the parties lives in Utah. In such cases the Utah court will have power to grant the divorce but it will not be able to make any orders relating to child custody or division of property.
Salcido Law Firm is Utah’s Divorce Law Firm
If you were married in another country and are looking to get divorce, Salcido Law Firm can help. Call us at 801.618.1331 to set up a free consultation.
