One of the questions we hear the most is, “how long will this take?” The answer may be complicated as it depends on the type of divorce and the proactivity of both parties. Uncontested divorces are faster than contested divorces and can be finalized after 30 days, while contested divorces can take as long as years to finalize.
One of the benefits of an uncontested divorce is the speediness of the process. Because all agreements are filed without the need for litigation, a majority of the timeline for divorce is shaved off and you may potentially have your divorce finalized within a few months of your filing date. There is a 30-day waiting period in Utah from the filing date to when the decree of divorce can be granted unless the court waives the waiting period. The waiting period can only be waived due to “extraordinary circumstances” approved by the court. After those 30 days, your divorce is eligible to be finalized and the court can grant a decree of divorce.
Like uncontested divorces, contested divorces also have a 30-day waiting period from their filing date before the divorce can take to the courtroom. Included in the 30 day waiting period the petitioner, or person who files for divorce, also has up to 120 days to serve the other party. The respondent then has up to 30 days to respond to the divorce petition, which means that up to 150 days, or just over five months, can pass before the divorce is brought to the next step. Contested divorces also require mandatory mediation to help resolve these issues and potentially limit the need of going to trial. Mediation may be excused if there is a “good cause” shown by either party. After mediation, the divorce can go to trial if needed to resolve any issues not agreed upon. A majority of the time in a contested divorce is a result of the need to go to trial, which can take months to years depending on the amount and intensity of issues that need to be resolved. The trial completes when the judge signs the divorce decree.
How Can I Expedite My Divorce?
If you’re ready to file for a divorce and want to speed up the process, our skilled attorneys at Carr | Woodall are ready to assist you.
Call our office today at (801) 988-9400 to schedule a consultation.