Legal Question in Family Law in Utah

I filed divorce papers in June 2011 and served my wife personally, but she refused to sign them. She has since moved out of UT to AZ with the kids. I still live in UT. It has been just over 6 months since she has moved. Can I still file for a divorce since she lives out of state? Can I re-open my file, or do I need to start over?


Asked on 12/29/11, 12:49 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

If the court has dismissed your petition for divorce, you need to file again. If she was not served within 120 days of the filing of your case the court has probably dismissed your case.

You should refile the case and get her served, or she will file in Arizona and that court will have jurisdiction over your case.

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Answered on 12/30/11, 9:11 am
Brian Arnold Arnold & Wadsworth

The other problem you have is if the kids have lived in Arizona for 6 months then Utah would not have jurisdiction over them. Therefore, you probably need to file soon.

http://www.arnoldwadsworth.com

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Answered on 12/30/11, 2:57 pm


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