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Utah Divorce 90 Day Waiting Period Loophole Closed Posted on May 25, 2012, by

In the 2012 legislative session, the Utah legislature passed a law that closed the loophole to the 90 day waiting period to obtain a divorce.

The law for some time has been that there is a 90 day waiting period from the date of filing a divorce to the date the divorce can be granted.  An exception to the rule has been that, if you take the Divorce Education Class for Divorcing Parents and the Divorce Orientation Course for Divorcing Parents, the 90 day waiting period would be waived and your divorce could go through before 90 days had elapsed from the day you filed divorce.  This exception was put in place when the courses were first introduced as optional for divorcing parents to encourage them to take the classes.

Since the classes were first introduced as optional though highly recommended, they have now become mandatory in all divorce classes where minor children  are involved.  This has resulted in an odd twist in the law, that divorcing parties without children had to wait 90 days, and parents with children who took the classes could be divorced sooner.  Sometimes parties without children took the classes just to expedite their divorces!

Now, generally, all divorcing parties have to wait 90 days from the date of filing to get their divorces signed.  Of course, there are exceptions and the 90 day waiting period can be waived, but the courts have indicated they are tightening up and scrutinizing those requests more carefully.

EXCEPTION: Utah Code Section 30-3-18(1)  “Unless the court finds that extraordinary circumstances exist and otherwise orders, no hearing for decree of divorce may be held by the court until 90 days has elapsed from the filing of the complaint, but the court may make interim orders as it considers just and equitable.”

Bottom line: In Utah you have to wait 90 days from the date you file for divorce for your divorce to be final unless you have extraordinary circumstances.

Written by

paul@paulwaldronpc.com

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