Utah Divorce Timeline – Law Office of David Pedrazas, Pllc
In the most general of terms, how long a divorce will take and each aspect of it will be determined by how willing both of the parties are to cooperate with the proceedings. If you are in the process of getting a divorce or are considering it, it is worth your time to look into what are the laws and regulations. While the process of a divorce is similar in many states, sometimes the tiniest details can make the largest difference.
In the state of Utah, the laws do not require you to be a resident for a very long time at all. In the case of a dissolution of marriage with no children involved, you must have lived in only a single county in Utah for the 90 day period before the divorce petition is filed, as per Utah Code Section 30 – 3 – 1. If there is a child involved then the minor(s) must have lived with one of the parents in Utah for the 6 month period preceding the filing. However, there are some exceptions to this.
Also, according to Utah law, there must be a period of 90 days between the date of the petition being filed and the date that the final decree is signed. Parties may petition the court to waive this waiting period if there are extenuating circumstances.
Make the Decision
The first thing that you need to do when getting a divorce is to find a good attorney. Once you have made the decision regarding your representation, you will receive a document regarding fees and retainers that will describe the hourly rates as well as other billing information in detail.
File Petition with the Court
Utah is known as a mixed state. What this means is if the parties do not wish to show fault then they do not need to by using what is called a no-fault divorce. However, if one of the parties wishes to show fault, that is also possible.
Other Party is Served
Within 120 days of the petition being filed, the respondent will be served. The respondent then has a set time frame to file their answer. This is:
- 20 days if the respondent lives in Utah or
- 30 days if respondent is not a resident of Utah
If no answer is filed then the respondent will be in default.
Temporary Orders Made for Pre-Trial Motions
After the petition has been filed and the respondent served, there will be temporary orders made by the court. These can include:
- Child custody
- Child support
- Restraining orders and more
Discovery Phase, Exchange Documents, and Information
During this phase, information and documents will be exchanged. This can include information or documents regarding alimony, child support, income, property, assets and more.
Divorce Education Class
If the divorce includes minor children then divorce education class is mandatory for both parties.
If both parties are agreeable to the dissolution of the marriage, division of assets, child support, custody, alimony and everything else involved then the judge will sign off on the divorce with no need for arbitration.
If there is no agreement reached in the mediation then the case will go to court. Attorneys for each party will present their arguments along with any evidence and then the judge will make a decision regarding any unresolved issues. This can include child custody, visitation, child support, spousal support, and even the division of property.
Once the Decree of Divorce has been entered by the court, the divorce is finished, although neither party is free to remarry for a period of at least 30 days.
If you are thinking about getting a divorce or even if you want to know what your options are, don’t hesitate. Contact David Pedrazas for a free 30 minute consultation today and get a more comprehensive explanation of our Utah divorce timeline.