The Divorce Waiting Game in Utah: “Do I have to really have to wait 90 days?”

The Divorce Waiting Game in Utah: “Do I have to really have to wait 90 days?”

Divorce is an emotional roller coaster, even if both parties are best of friends and agree to split things amicably,  it still drains one emotionally, financially, and usually takes more time than anticipated. When a couple finally reaches a decision to end an marriage and file for divorce, they are often surprised that they might still need to wait, and cannot get a divorce immediately. We are often asked about the waiting period in Utah relating to divorce and how it works.

Utah Statute requires that parties wait for 90 days after filing a divorce petition before a divorce decree can be granted (See Utah Code § 30-3-18).  This “cooling off” period reflects the legislature’s policy of seeking to preserve marriages and trying to keep family units together.

I know what you’re thinking: “That’s ridiculous. I’m an adult and understand my actions.  I did not take my decision to divorce lightly.”

Well, rest assured that in practice the 90-day waiting period is usually fairly easy to bypass.  If you have children from the marriage, the parties are required to attend the Divorce Education and Divorce Orientation classes. (insert hyperlink to your blog entry). Taking these classes (which are required of all divorcing parents with minor children), eliminates the waiting period automatically.

“But,” you say, “I don’t have children from my marriage; what gives?” Once again, you still have an option to bypass the waiting period,  or at least an attempt at it.  Utah law does allow for a waiver of the 90-day period for “good cause.”  The courts will not automatically grant this and you will need to prepare a motion to the court explaining the good reason you want to waive the 90 day waiting period. The Judge may want to have a hearing, or can rule simply on the motions filed.

In practice, judges are usually willing to accede to the wishes of well-informed well prepared, parties who seek to waive the 90-day waiting period.  If both parties can agree and show the court that a waiting period would do no good, the judge will likely waive the 90 day period. So make sure you have a good reason, articulate it well, and be prepared for the judge to ask you “why?”

In a real world scenario the odds of a contested divorce becoming final before the 90-day waiting period has expired is slim. If divorcing parties want to fight and argue about who gets the T.V. or the collection of “collectible animal blankets,” there is no chance the divorce will be ready for entry of a decree within 90days. Long story short, if you want to get divorced in less than 90days, be reasonable.  You got along well enough with your spouse at one point to marry him or her.  Work together,  however it works, so that you can end the marriage as painlessly as possible. Accept that divorce means losing some things, some things financial, others emotional, but no matter what you will lose some things. Agree on as much as you can then be willing to lose that T.V., or collectible animal blankets; it’s just stuff (and usually stuff that’s not difficult to replace anyway).   A judge is far more likely to waive the 90-day waiting for couples who don’t engage in long, drawn out quarrels.

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