What is surprising to many people filing for divorce for the first time in Utah, is the fact that all parties to a Utah Divorce must wait 90 days after the initial divorce petition is filed before a judge will grant the divorce. This can be very frustrating to many people who for one reason or another do not want to wait 3 months before their divorce is complete. In the past, the 90 day waiting period could be waived rather easily if both the parties to the action consented to the waiver. However, a change in the law a few months ago has now resulted in very few waivers being granted. Indeed, at least for the time being, the 90 day waiting period has become a hard fast rule in Utah.
Other Time Periods to Know
There are a few other time period related rules everyone should be aware when it comes to a divorce. Most notably, is the 120 day service rule. In a divorce in Utah, you have 120 days to serve your spouse with the divorce petition and accompanying paperwork or the judge may dismiss your case for lack of service. Now this is usually not a big issue for most people since 120 days should be more than enough time to have anyone served. However, some people file for divorce then have second thoughts or in some cases the parties temporarily try to work through their difference putting the divorce on hold. Just be aware that if you file for divorce and then do nothing for a period of time, there is a chance the judge is going to dismiss your case. If your case is dismissed for lack of service and you later decide to the move the case forward, you will be required to file another matter and will likely have to pay the court filing fees all over again.
