DivorceUtah’s 90-day Waiting Period To Divorce Has Been Shortened

June 25, 20180

Utah Code 30-3-18 used to require a 90-day divorce finalization waiting period. The old 90-day divorce timeline used to mean that parties would have to wait at least 90 days after the date they filed their Divorce Petition until their Decree of Divorce could become final.

However, the 90-day wait is over and ancient history thanks to the recent Legislative Session. Effective May 8th, 2018, the Legislature voted to shorten the 90-day divorce waiting period to 30 days! Thankfully, now parties to a divorce only have to wait 30 days from the date they file their divorce with the Court for their divorce to become official. If your divorce was filed before May 8th, 2018, the 90-day waiting period still applies, though.

The relevant text of the updated statue reads:

“Unless the court finds that extraordinary circumstances exist and otherwise orders, no hearing for a decree of divorce may be held by the court until 30 days has elapsed from the filing of the complaint, but the court may make interim orders as it considers just and equitable.”

Either party may ask that the 30-day waiting period be waived, but the party must show the Court that extraordinary circumstances exist to waive the 30-day requirement. Parties can seek to waive the 30-day waiting period by filing a Motion to Waive Divorce Waiting Period and listing those extraordinary circumstances, which could include the preexistence of domestic violence, bigamy, or a multiyear legal separation. A judge’s discretion is used to approve or deny the waiting period waiver, so it is important to enter the courtroom with a divorce attorney who is well-versed in such legal matters and arguments.

If you require the assistance of professional, experienced, and compassionate family law attorneys in Salt Lake City, look no further than Just Law. We have built a strong reputation for excellence in both out-of-court mediation and courtroom litigation when necessary. To find out more about our services and your options regarding your divorce in Utah, contact our law office and put a free, no-obligation initial consultation on your schedule.

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