Forum shopping is a term used when a party is trying to find a forum, or court, that is beneficial to them in some way. Some cases (generally not family law) can be filed in either federal or state court, and sometimes parties can choose which state to file in.
You and Your Spouse Live in Different States
Which State are you in? Typically one state has jurisdiction in a divorce. The obvious reason is both parties usually live together in the same state, so that state has jurisdiction over both parties. However, there are instances where a couple separates, one moves out of state, and then they file for divorce. In that scenario it is possible that either party can file for divorce in the state in which they are residing. The non-filing spouse can object to the forum, and attempt to convince the court that their home state is a more convenient forum.
Utah Divorce with Children
If you are filing for divorce and their are minor children in involved then it is generally much easier to establish the most convenient forum, usually this is going to be wherever the children reside. So if you are separated from your spouse, moved to Utah with the children, and have lived in Utah for at least 6 months, then Utah likely has jurisdiction over child custody issues based on the Uniform Child Custody Jurisdiction and Enforcement Act. If Utah exercise jurisdiction over child custody issues, then it will almost certainly exercise jurisdiction over non-child related divorce issues as well in order to avoid having two states involved in litigating one divorce.
My Spouse and I live in different counties, which one has jurisdiction over my Utah divorce?
Race to the Courthouse! Clients often ask me if it matters who files first, and a lot of clients have the mistaken impression that filing first somehow gives them a leg up. This is typically not the case, usually in the Utah divorce process one party, the Petitioner, files the Divorce Complaint, basically indicating what that party wants from the divorce. The Respondent then has 21 days to file an Answer, and usually a counter-complaint, indicting what he or she wants from the divorce. The court does not weigh the original complaint more than the counter-complaint, they both have equal value.
The only time it might be beneficial to win the "race to the courthouse" is if you and your spouse live in different counties. If this is the case, often times the party that files first gets to choose the venue. However, similar to parties that live in different states, if children are involved, the county in which the children reside will likely assume jurisdiction, regardless of where the initial complaint was filed at.
There are often more than one district court house in any given county, for instance Salt Lake County has the Matheson courthouse in Salt Lake City, but also has a district courthouse in West Jordan. Parties used to have a choice as to which court to file a Utah divorce, but now everything is filed in Salt Lake City, and the court can distribute cases to West Jordan. It's a random selection and usually doesn't have much to do with geography.
As with any Utah divorce, it is a good idea to get an experienced Utah divorce attorney. Call Pearson Law Firm today for a free consultation with an experienced Utah divorce attorney, 801-888-0991
The only time it might be beneficial to win the "race to the courthouse" is if you and your spouse live in different counties. If this is the case, often times the party that files first gets to choose the venue. However, similar to parties that live in different states, if children are involved, the county in which the children reside will likely assume jurisdiction, regardless of where the initial complaint was filed at.
There are often more than one district court house in any given county, for instance Salt Lake County has the Matheson courthouse in Salt Lake City, but also has a district courthouse in West Jordan. Parties used to have a choice as to which court to file a Utah divorce, but now everything is filed in Salt Lake City, and the court can distribute cases to West Jordan. It's a random selection and usually doesn't have much to do with geography.
As with any Utah divorce, it is a good idea to get an experienced Utah divorce attorney. Call Pearson Law Firm today for a free consultation with an experienced Utah divorce attorney, 801-888-0991
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