Utah's Divorce 90-Day Waiting Period Changed to 30 Days

April 11, 2018

The Utah legislature passed Senate Bill 25, which changes the waiting minimum period for divorces from 90 days to 30 days. Effective May 8, 2018, Utah Code 30-3-18 (1) will now read:

"30-3-18. Waiting period for hearing after filing for divorce...(1) Unless the court finds that extraordinary circumstances exist and otherwise orders, no hearing for decree of divorce may be held by the court until 30 days has elapsed from the filing of the complaint, but the court may make interim orders as it considers just and equitable."

To conform with Senate Bill 25 (2018), the Utah Supreme Court approved a change to Rules 101 and 105 of the Utah Rules of Civil Procedures.  Effective May 8, 2018, Rule 101 (m) will be amended and will read:

"(m) Motions to judge. The following motions must be to the judge to whom the case is assigned: motion for alternative service; motion to waive 30-day waiting period; motion to waive divorce education class; motion for leave to withdraw after a case has been certified as ready for trial; and motions in limine. A court may provide that other motions be considered by the judge."

Likewise, Rule 105 was amended to change the reference to the 90-day waiting period to the new 30-day waiting period.  Effective May 8, 2018, Rule 105 now will read:

"Rule 105. Shortening 30 day waiting period in divorce actions. A motion for a hearing less than 30 days from the date the petition was filed shall be accompanied by an affidavit setting forth the date on which the petition for divorce was filed and the facts constituting extraordinary circumstances."

What does this all mean?  Simply, all divorces before this change had to wait at least 90 days to get divorced...and now the wait is only 30 days.

March 16, 2018
 Imputation of Income Proper for MS in Alimony Case.

Bond v. Bond, March 16, 2018 Held:  Imputation of Income Proper for MS in Alimony Case. Case synopsis/analysis:  A 27 year marriage, […]

Read More
September 7, 2018
Petition to terminate alimony for early retirement is denied as foreseeable and not a listed termination ground in the decree.

In this case, a husband of a divorced couple, filed to terminate his alimony because he was retiring early.  The […]

Read More
May 24, 2018
In an alimony case where the requesting party fails to provide supporting financial documents, a court may impute reasonable expenses based on circumstantial and testimonial evidence.

In a previous Utah Supreme Court case of Dahl v. Dahl, 2015 UT 79, the court rule in the facts of […]

Read More