Utah Divorce Waiting Period

By the time you have filed for divorce, you may be completely ready to cut ties with your spouse and move on with life. However, Utah Divorce Law requires that you wait for a certain amount of time before your divorce is finalized.

You may have some questions regarding Utah’s required waiting period for divorce, and we are here to answer them.

 

How Long is Utah’s Divorce Waiting Period?

Utah has a 30-day waiting period for divorce. This means that there must be at least 30 days between the date the petitioner files for divorce, and the date a hearing for the divorce may be held. Before May 2018, the waiting period was 90 days. Utah Legislature voted to shorten the waiting period from 90 days to 30 days.

 

Why Does Utah Require a Waiting Period?

The waiting period exists to help avoid hasty decisions. In the heat of the moment, you might be ready to finalize your divorce immediately. The waiting period allows each party to take the time to reflect and make an informed decision, once overwhelming feelings have simmered.

It is not uncommon for the couple to attempt reconciliation after one of them has filed for divorce. Even after the divorce petition has been submitted, some couples can work out the problems that led them to file for divorce. If you are attempting to reconcile, the court needs to know if you both agree to hold or dismiss the case. Deadlines will remain in place, otherwise, and the case will proceed.

If you and your spouse agree to move forward with the divorce, you can use the 30-day waiting period to complete any necessary classes or courses (divorce orientation, divorce education, etc.).

 

Can the Waiting Period be Waived?

There are exceptions to every rule, and the divorce waiting period is no different. The waiting period can be waived, but extraordinary circumstances must exist and be shown to the court for it to be waived. If you feel like your situation warrants a waived waiting period, you must file a Motion to Waive Divorce Waiting Period. It is not guaranteed that your motion will be granted. If the other party wishes to oppose the motion, they are given 14 days from the date of service to file a Memorandum Opposing Motion. 

Even if you and your spouse both agree to waive the waiting period or reach an agreement and sign a stipulation, you still must wait the 30 days (unless the court waives it). You and your spouse can begin life as a divorced couple while waiting for the court to sign the final decree. Meaning, you and your “ex” spouse can live as though the divorce is final before it is finalized. You can start your own parent time, paying/receiving child support or alimony, and so on, as long as it is what you agreed on in your signed stipulation.

Can The Ault Firm P.C. Help?

If you are considering a divorce and need representation, the team of attorneys at The Ault Firm can help. Our lawyers have the knowledge and experience to take on your case. Call The Ault Firm today to schedule your case review.

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