If I Get Married and Divorce Laws Change, Then Can I End the Marriage Before a New Divorce Law Applies Mentioning the Same as the Reason for Divorce?

My answer to your question is going to be a generalized answer to a hypothetical question. Before you take any real-life legal action in relation to real, existing laws, you will need to ensure you understand now the real, existing laws are construed and applied. And you would likely benefit from consulting with an attorney in your jurisdiction who is familiar with the law there. With that stated:

If I understand your question correctly, you are asking a question involving this scenario:

  1. A divorce law currently exists.
  1. The law may change or you know it is going to change.
  1. Under the current law, you could benefit from its provisions.
  1. You want to take advantage of the benefits that the current law provides before those benefits disappear after the change to the law goes into effect.

So, your question is, can you file for divorce now to take advantage of the benefits of an existing law before the law changes? You certainly could. It is not uncommon for people to take action under the provisions of laws that are about to change, so that they can take advantage of the provisions in the old law that will no longer exist after the changes go into effect. This happens with tax law frequently.

If you filed for divorce under an old law’s provisions to obtain the benefits the old law bestows and if your decree of divorce was granted before the law changed, it is likely that the new laws would not apply to your case. You would, however, still want to ensure that the changes to the law do not operate such that the changes are not retroactive or invalidate any pending divorce actions filed under the old law.

Utah Family Law, LC | | 801-466-9277

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