Get Waiver Of Time To Contest Divorce Hearing.pdf - Find Laws

(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 [90] 30 days has elapsed from the filing of the complaint, but the court may make interim orders as it considers just and equitable.

Complete a 90-Day Waiting Period Utah law stipulates that judges must wait 90 days after the date that the divorce petition was initially filed to sign the final divorce order. This is true even if both spouses agree on all issues.

When a spouse is served with divorce papers, they generally have 30 days to respond. If the party agrees to the divorce, they may sign a waiver. This essentially gives up the requirement to wait 30 days to respond to the divorce. Instead, the divorce can proceed immediately.

Divorce Code Affidavit of Consent: After ninety (90) days have passed from the date the Complaint was served upon your spouse, you may file an Affidavit of Consent, declaring that you consent to the divorce. The Affidavit of Consent must be filed within thirty (30) days after it is signed and dated.

This means that you have to wait for a minimum 30 days after filing papers before you can become officially divorced. This period can be used to meet all the requirements for marriage termination and polish the agreement with your spouse.

If your spouse has filed an appearance, at any time before the statutory 90 day waiting period has expired if you and your spouse come to a full agreement, you may ask a judge to waive the waiting period and get divorced at almost any time you choose by filing the Motion to Waive Statutory Time Period by Agreement of ...

The simplest procedure is an uncontested divorce where you and your spouse reach an agreement about the division of your property, and, if you have any children, what arrangements will be made for them. You begin the divorce procedure by filing a Complaint for Divorce, along with various supporting documents.

The way to ask that the waiting period be waived is to file a Motion to Waive Divorce 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.