Utah Code: Title 30, Chapter 3, Section 18 – Waiting period for hearing after filing for divorce – Exemption – Use of counseling and education services not to be construed as condonation or promotion.(1) Unless the court finds that extraordinary circumstances exist and otherwise orders, no hearing for decree of divorce may be held by the court until 90 days has elapsed from the filing of the complaint, but the court may make interim orders as it considers just and equitable.(2)The use of counseling, mediation, and education services provided under this chapter may not be construed as condoning the acts that may constitute grounds for divorce on the part of either spouse nor of promoting divorce.
In the state of Utah, there is a 90 day waiting period
before a divorce will be granted by a judge, which starts the day the request for divorce is submitted with the court.
There are several reasons concerning why the waiting
period was initially embraced in Utah, the most popular being that this offers parties time to contemplate their choice to divorce. This can
include any probability of reconciliation, and what is in the best interests of
any children that may be included in the separation.
Can Wait Time be Waived?
The initial process for getting the three months waived is to file a motion. The petitioning party will need to present evidence of "extraordinary
circumstances." The judge may rule on the documentation, or require the
couple appear for a hearing. The
court can then either reject the motion or grant it, which, if approved, the parties
can get the closing forms processed and move on in their life.
- Documentation that could weigh in support of extraordinary circumstances and encourage the court to waive the waiting time could include:
- Both spouses having arrived at a complete and final agreement as to all terms of the divorce.
- Monetary distress.
- Abuse, or the threat of immediate danger
- Child-related problems.
- The assurance that there will be no more children born.
- Including that both individuals have attended the divorce classes.
However, including any of the above info does
not ensure the waiver will be granted; the resolution is made on a case by
case basis by the designated judge. Since the change in this particular law
includes "extraordinary circumstances," it has actually been
surprisingly difficult for parties to persuade the court to forgo the waiting period.
Another Important Time Period to Understand
There is another time period everyone really should be aware of when it concerns a dissolution of marriage, which is the service rule. In Utah, you have 120 days to serve your spouse with the divorce petition and
accompanying forms, or the court could dismiss your case due to lack of
service. This is not typically a concern for many people, because four months ought to be more than enough time to have anyone served. Having said that, many
people petition the court for a divorce, then have second thoughts, or in some cases, the
individuals try to work through their difference putting the
divorce on hold. Just know that if you file for divorce then don't do anything
for the designated 120 days, there is a strong possibility the judge is going to dismiss your
case. If your case is dismissed for lack of service and you eventually make a
decision to the move the case along, you will be required to refile, and will
most likely have to pay the court filing costs all over again.Wall & Wall: Divorce Attorneys in Utah
If
you believe your case may satisfy the extraordinary circumstances exception to
the 90 day waiting rule, contact the experts at Wall & Wall Legal Solutions. We can offer our legal
thoughts on what your likelihoods are of expediting your divorce. Contact us here, or call 801-441-2388 today!
