If you’re facing the end of your marriage, talk with a local Salt Lake City, UT lawyer who knows Utah family law. Your lawyer can help you understand what to expect, plan carefully and practically, and get through this hard time as smoothly as possible given your circumstances. Part of what your lawyer will do for you will include helping you deal with the timeline and mandatory waiting period.
Understanding the Mandatory Waiting Period for Salt Lake City, UT Divorce Cases
Utah requires a 30-day waiting period between the day you file a divorce petition and the day a judge can sign the final decree. This rule applies even if you and your spouse agree on everything and are both anxious to get divorced. The court has purposefully built in this time for reflection, so you don’t rush a decision that will have permanent consequences for you both (as well as for any children you might have).
The judge cannot finalize things sooner unless you successfully petition for a waiver, so most people simply wait it out while handling other parts of the case. There’s a lot that you and your lawyer can do during those 30 days to make things move quickly once it’s over, and this waiting period does not stop you from filing immediately for temporary orders for child custody, support, or use of the home.
When Can You Ask to Waive the Waiting Period?
You or your spouse can file a motion to waive the 30-day period, but you must show the court that there are extraordinary circumstances that warrant it. Courts grant these waivers sparingly and usually only if there are immediate safety concerns, one of you is going on active military deployment, or there is some other, urgent hardship that would make waiting harmful.
The Basic Utah Divorce Timeline
The process starts by one of you preparing and filing the petition and required forms. Once you’ve filed, the waiting period begins, and you must serve the other spouse with copies of the petition. There’s a particular way to go about this, and your lawyer will help you make sure you’ve done it right. The responding spouse then has 21 days to file an answer if they live in Utah and 30 days if they’re outside the state.
If you can quickly reach an agreement on all the issues in your divorce, you can submit your settlement documents the moment the 30-day waiting period ends, and the only delay will be the court’s own availability (because a judge will need to review that everything is fair to both parties and in the best interests of any children involved). When you and your spouse agree on everything, the process can usually be wrapped up in 60 to 90 days.
Contested Divorce Timeline
Naturally, if you disagree over custody, alimony, or how to divide your assets, this can stretch the timeline significantly. Many contested cases take six to twelve months or even longer.
Talk to a Family Law Attorney for Help
If you’re ready to move forward, we can help you do so with confidence. Contact the Porter Law Firm for a consultation. We serve the greater Salt Lake City area and most of the state from our offices in Ogden and Vernal, UT.
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