Ninety-day Waiting Period in Divorce Cases
Introduction
Utah Code Section 30-3-18 requires that the parties wait 90 days after the date of filing a divorce petition before a divorce decree can be granted. The waiting period may be waived extra ordinary circumstances
Waiving the 90-day waiting period
Either party may ask that the waiting period be waived by filing a motion. A Motion to Waive the 90-day Waiting Period will not be granted automatically; the moving party must show extraordinary circumstances. The other party may agree to or oppose the motion, but the judge will decide whether to waive the waiting period. For more information about motion procedures, see our webpage on Motions, but use the forms on this page.
Forms
Some forms may not apply in all cases.
Forms for the moving party
- Checklist -
PDF |
Word - Motion to Waive 90-day Waiting Period -
PDF |
Word - Stipulation -
PDF |
Word - Reply to Statement Opposing the Motion -
PDF |
Word - Request to Submit for Decision -
PDF |
Word - Notice of Hearing -
PDF |
Word - Order on Motion to Waive 90-day Waiting Period -
PDF |
Word - Notice of Order -
PDF |
Word
Forms for the responding party
- Checklist -
PDF |
Word - Stipulation -
PDF |
Word - Statement Opposing the Motion -
PDF |
Word - Request to Submit for Decision -
PDF |
Word - Notice of Hearing -
PDF |
Word - Order on Motion to Waive 90-day Waiting Period -
PDF |
Word - Notice of Order -
PDF |
Word
Related information
- Alimony
- Annulment
- Answering a Complaint or Petition
- Appeals
- Child Custody and Parent Time
- Child Support
- Debt Division
- Default Judgments
- Divorce Mediation
- Fee Waiver
- Fees
- Filing Procedures
- Finding Legal Help
- Going to Court
- How to get a Temporary Order
- Informal Trial of Support, Custody and Parent-Time
- Judicial Recognition of a Relationship as a Marriage
- Mandatory Education in Divorce and Temporary Separation
- Modifying Child Custody
- Modifying Child Support
- Modifying Parent-time
- Motion to Enforce Domestic Order (Order to Show Cause)
- Ninety-Day Waiting Period in Divorce Cases
- Online Court Assistance Program (OCAP)
- Parentage
- Parenting Plans
- Property Division
- Public and Non-public Records
- Separate Maintenance
- Serving Papers
- Temporary Separation
- Utah Statutes, Title 30, Husband and Wife
- Utah Statutes, Title 78B, Chapter 12, Utah Child Support Act
- Utah Statutes, Title 78B, Chapter 13, Utah Uniform Child Custody Jurisdiction and Enforcement Act
- Utah Statutes, Title 78B, Chapter 14, Uniform Interstate Family Support Act
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