Every married couple argues. In the heat of the moment, it may be tempting to want a divorce as quickly as possible. But as we all know, sometimes we make hasty decisions when we are upset. To address this issue, most states require couples to go through a cooling off period before they can get divorced.
Under Utah law, the cooling off period, also known as the waiting period, is 90 days. This means that you must wait at least 90 days after filing for divorce before the divorce can become final. A court cannot enter a divorce decree until that waiting period is over. The court can, however, enter interim orders during the waiting period. Interim orders can be about a variety of things, such as issues related to your children, property, finances, or debts.
The 90-day waiting period may be waived in certain situations. If the court can find that extraordinary circumstances exist in your case, the court may be willing to waive the 90-day requirement and enter a divorce decree sooner. Unfortunately, there is no definition of an extraordinary circumstance. It all depends on the particular facts of your case, though it is safe to assume that courts rarely waive the waiting period. If you do believe your situation constitutes an extraordinary circumstance, you can file a motion to waive the 90-day waiting period. Your spouse has the right to oppose the motion before the court will rule on it.
Although the 90-day waiting period may seem like a burden, it could also be a blessing. Not only will the waiting period allow you to thoughtfully evaluate your decision to get divorced, but you could also use that time to engage in divorce mediation. Mediation can allow you and your spouse to resolve your issues and make the divorce process that much smoother.
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