Divorce Timing/Waiting Period

Under Section 30-3-18 of the Utah Code, you must normally wait ninety (90) days from the date you file for divorce before the court will grant the divorce. This waiting period is a cooling-off period designed to help you and your spouse think about whether you can reconcile your differences and remain married.

In some circumstances the waiting period does not apply. The waiting period does not apply if you and your spouse attend the Divorce Education For Parents course. Also, if you have participated in a court-ordered mediation program, the waiting period does not apply.

In all other cases, you must wait the obligatory ninety (90) days unless the court determines that there is a good cause for not requiring a waiting period. Judges are often willing to waive the waiting period if you can demonstrate that there is no hope of reconciliation. In addition, if you have participated in marriage counseling, have been living separately for longer than ninety (90) days, or both agree in writing to waive the waiting period, the court will often waive the waiting period.

In cases where the waiting period does not apply or has been waived, the time needed to finalize a divorce depends on the level of cooperation between you and your spouse, the speed with which you and your spouse take any required divorce class, provide financial documents, sign documents, and otherwise cooperate with the attorney(s).  The speed of the divorce also depends on the efficiency of your attorney, your spouse's attorney, the judge, and the court clerk.  Generally, even in the best of circumstances you should expect the divorce to take at least thirty (30) days.