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Motion to Waive 90-day Waiting Period


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Mandatory 90-day waiting period in divorce cases

Utah Code Section 30-3-18 requires that there must be at least 90 days between the date the divorce petition is filed and the date a hearing for decree of divorce may be held. Either party can ask that the waiting period be waived, but they must show the court that extraordinary circumstances exist.


Motion to Waive the 90-day waiting period

The way to ask that the waiting period be waived is to file a Motion to Waive the 90-day Waiting Period. The motion will not be granted automatically; the moving party must show extraordinary circumstances.

A copy of the Motion must be served on the other party following Utah Rule of Civil Procedure 5. See the Serving Papers page for more information about service requirements.


Opposing the Motion

If the other party does not agree with the motion, they have 14 days from the date of service to file a Memorandum Opposing Motion.

The moving party may file a Reply to a Memorandum Opposing Motion, but only if the opposing party mentions something new that the moving party did not mention in their motion. The reply must be filed within 7 days of service of the Memorandum Opposing Motion.


Request to Submit

The motion will not be given to the judge to decide until one of the parties completes and files a Request to Submit for Decision. Either party may file a Request to Submit for Decision, but someone must do so. If one party files a Request to Submit for Decision, the other party does not.

Do not file the Request to Submit for Decision until the Reply to the Memorandum Opposing the Motion has been filed or until after the time for filing a Reply has expired. If there is no Memorandum Opposing the Motion, then file the Request to Submit for Decision after the time for filing the opposing memorandum has expired. You may request a hearing as part of the Request to Submit for Decision.

For more information about motion procedures, see our webpage on Motions, but use the forms on this page.


Forms

Forms for the moving party

Required forms for the moving party
  • Motion to Waive 90-day Waiting Period - PDF Document PDF | Word Document Word
  • Request to Submit for Decision - PDF Document PDF | Word Document Word
  • Order on Motion to Waive 90-day Waiting Period - PDF Document PDF | Word Document Word
  • Notice of Order - PDF Document PDF | Word Document Word
Optional forms for the moving party
  • Reply to Memorandum Opposing Motion - PDF Document PDF | Word Document Word
    (if the other party has disagreed with the motion and presented a new matter in their response, and the moving party wishes to respond)
  • Notice of Hearing - PDF Document PDF | Word Document Word
    (if a hearing is requested)

Forms for the opposing party

Required forms for the opposing party
Optional forms for the opposing party
  • Request to Submit for Decision - PDF Document PDF | Word Document Word
    (if the other party has not filed this document)
  • Notice of Hearing - PDF Document PDF | Word Document Word
    (if a hearing is requested)
  • Order on Motion to Waive 90-day Waiting Period - PDF Document PDF | Word Document Word
    (if the opposing party is directed to complete the order)
  • Notice of Order - PDF Document PDF | Word Document Word
    (if the opposing party is directed to complete the order)

Related information

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.


Page Last Modified: 12/10/2015
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