What’s the first thing that comes to your mind when you think of divorce? It’s a slow and lengthy process.
In Utah, it’s no exception but as an experienced Utah divorce lawyer, we believe the answer is often in the details. Just like complications can delay your divorce, a straightforward, amicable divorce can be over before you know it. From start to finish, it could be over within a few months.
Let’s discuss what’s the average time for a divorce in Utah.
A. What Is the Average Time for a Divorce in Utah?
The average time for a divorce in Utah varies based on individual circumstances. Typically, uncontested divorces where both parties agree on key issues like property division and child custody might conclude in as little as 30 to 90 days. Unfortunately, an uncontested divorce can take considerably longer, usually six months to a year or more.
While this is the case, you must consider a few divorce laws in Utah to understand the timeline.
- Residency Laws: When seeking a divorce in the Beehive State, you or your spouse must reside in Utah for at least three months before filing for a divorce. Secondly, in some child custody situations, the child must have been a Utah resident for at least six months. In short, the child must live with one of the parents in Utah for six consecutive months.
- Divorce Waiting Period: As per Utah divorce laws, there is a 30-day waiting period before your divorce becomes official. However, you can request to waive this delay under extenuating circumstances. But first, speak with a competent Utah divorce lawyer in this regard.
- Divorce Education Classes: Things are a little different when minor children are involved. In such cases, divorce education classes are mandatory. You can join a class online or in person. The petitioner has 60 days to complete these courses. On the other hand, the respondent has 30 days to complete the course after getting served.
These courses are necessary to ensure a smooth transition for your children. These classes will cover topics like:
- Explain how your kids will experience or handle the divorce
- Provide tips for getting them through these trying times smoothly
- Discuss the importance and tips for successful co-parenting
- Help you understand how the parental conflict will impact your children
In other words, taking these courses will help you and your kids.
- Mediation: You don’t need mediation if the divorce is uncontested. However, a mediation session becomes mandatory if the divorce is contested. But you can get it waived for a reasonable cause. Again, you will need to consult a divorce attorney in Layton.
B. But How Long Does It Take to File for A Divorce in Utah?
Your Utah divorce timeline also includes the time you need to file for a divorce. As this is the first step in getting a divorce, you have to make sure everything is perfect. To start your divorce process, you will need to:
- Collect all the necessary documents
- Discuss the key divorce points with your soon-to-be ex (if it is an uncontested divorce.)
- Fill out the necessary paperwork
- File for a divorce in the relevant family court
This may take a few weeks, a couple at least. Of course, you should hire a Utah divorce lawyer when you decide to file. Your lawyer will help you prepare everything. It ensures accuracy, avoids delays or mistakes, and relieves stress.
C. Understanding an Uncontested Divorce
As mentioned before, an uncontested divorce process in Utah takes less time. In nearly 30-90 days, your divorce should be finalized. However, there are still a lot of things you will need to sort out. Here are a few things you need to talk about.
Alimony
Child support
Child custody
Co-parenting schedule Naturally, there are bound to be multiple rounds of discussion before both parties come to an agreement. Once you do, your lawyer will draw up a divorce agreement, which you can submit to the court. Of course, working with a Utah divorce lawyer can help.
D. Contested Divorce and Going to Trial
While uncontested or mutual divorces are common, uncontested divorces are also more prevalent than you think. In many situations, one of the divorcing parties contests or challenges alimony, child support, child custody, or other aspects of the divorce agreement. They may flat-out reject a petition or have a dispute over specific issues.
When this happens, you have a contested divorce on your hands. You can still try to resolve these disputes through mediation. Utah courts will ask you to go through mandatory mediation. A third-party mediator (court-appointed) will help you reach an agreement. This will obviously extend your Utah divorce timeline.
But things could get a lot more complicated if your case goes to trial. Most Utah divorce lawyers recommend avoiding a trial as they are expensive and time-consuming. Usually, it will take a few months or a year to resolve issues. But in some cases, trials can take years. When your case goes to trial, the judge will hear arguments from both parties, make a judgment, and sign the divorce decree.
E. Consider the Time for Appeal
Yes, you heard it right! Although a judge signs your divorce decree, this may not necessarily be the final decision. As per the divorce laws in Utah, your spouse has the option to appeal if they disagree with the judge’s ruling. But they will have only 30 days from the date of final entry of the decree to do this. Still, it could lengthen your Utah divorce timeline considerably.
Another critical factor you should know is that you or your spouse can modify the original child support and parenting plan if your circumstances change dramatically after the divorce. That may not change your divorce timeline, but it will affect you and your children. Always keep that in mind.
Conclusion
As you can see, there is no concrete or one-size-fits-all answer to this question – how long does a divorce process takes as It all depends on the circumstances of your case. For example, whether it is a contested or uncontested divorce can affect your timeline. Similarly, divorce cases involving children can take longer to resolve as child support and parenting schedules often cause disputes. That said, only a skilled and competent attorney can help you understand the specifics related to your case. So, speak with one as soon as possible.
Are you getting divorced? Our experienced divorce lawyers can help you. Call (801) 682-5234 or fill out our contact form to schedule a free 15-minute consultation.