Utah Divorce: Understanding The 90 Day Waiting Period

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!

5 Best Examples of People Losing Out on Their Land Rights

We spend a lot of money purchasing our homes. The down payments, closing costs and monthly mortgage expenditures are expensive. It is worth every cent to have the freedom that comes along with owning my own place. Unfortunately, there are ways that we can lose our land rights. They are in the form of encroachments, boundary lines, prescriptive easements, minerals and electrical easements.

Encroachments:


Encroachments are physical objects that cross over into another homeowner's boundary line. Maybe a fence that was previously erected is one or more inches inside my yard or a neighbor's landscaping is lying over my property line. Structures such as sheds extending into my yard, can even cause me to lose land rights over time if they are not corrected.

Boundary lines:

It does not matter if a buyer is purchasing a home, farm or wooded land or commercial property. Erroneous or incorrect boundary lines can exist. Problems arise even in subdivisions. Over time, it could have changed for many reasons. For example, twenty years ago two homeowners decided on a joint gravel driveway without drawing up contracts and without new surveys. Now I want to convert it back to the original separate driveway so that part of my land will be distinctively mine. It might be difficult to prove where the original boundary line was located.

Prescriptive Easement:

A prescriptive easement develops over time. It is usually part of real property used by another person for a certain amount of years and without consent from the owner. For example, a neighbor has parked his vehicle three feet on my property for years. I never gave him permission, but did not tell him to stop. According to some jurisdictions and depending on the length of time he has done this, he might be able to continue to use my land if I take him to court. I might not win even though he does not have legal ownership. My land rights are diminished while I am still paying the mortgage, taxes and upkeep on it.

Minerals:

When buying real property and signing my deed at closing, there usually are words that state, 'fee simple estate.' This means that I am the sole owner of the property; the surface, subsurface and the air above it. The minerals in the ground such as coal, oil, gemstones, metals and salt are under my private ownership. If these words are not included there should be a clause in the deed telling me who owns these rights. There have been cases where decades earlier the mineral rights were conveyed out and not noted on the deed.

Electrical Easement:

An electrical easement is one that is usually sanctioned by my local electric power company. Overhead lines are erected and connected to poles on my land. These are pole lines that are protected by an easement for a certain distance. A lot of times it is about ten feet. This means that no structure can be built or landscaping done inside the easement. The electric company has a right to come into my yard and work on them as needed.