You cannot file for divorce in the state of Utah unless you have resided here for at least three months. I do not know off the top of my head whether someone who has been in the state of Utah for more than three months, but as a foreign national on a tourist or other kind of visa, could qualify as a Utah resident. The question of whether your foreign national girlfriend can be considered a resident of the state of Utah for divorce purposes is best addressed to a very good, very smart, very experienced immigration attorney. My best guess, however, is that someone from another country here in Utah on a tourist visa is clearly someone who does not intend to stay on a permanent basis but by definition someone who intends to spend time in the U.S. temporarily. Which means that she probably would not qualify as a resident of the state of Utah and thus be unable to file for divorce here. But I don't see why she wouldn't or couldn't file for divorce in the Philippines.
Answered on Jun 30th, 2014 at 8:46 AM