Understanding the Divorce Timeline
The length of time it takes to finalize a divorce in Utah can vary significantly based on individual circumstances, such as whether the divorce is uncontested or contested. Being informed about the difference between these two types of divorces and other factors that may delay a divorce settlement can help you plan ahead and have realistic expectations for how your divorce process may play out.
Uncontested vs. Contested Divorce
In an uncontested divorce, both parties agree on all terms, including division of assets and support arrangements. Utah law mandates a 90-day waiting period after filing for divorce before it can be granted. However, couples may petition to waive this period under certain circumstances.
Note: For divorces involving children, there is a requirement to attend two classes: Divorce Orientation and Divorce Education for Parents. Depending on your schedule and when you are able to take these courses, your divorce may extend beyond that 90-day waiting period.
A contested divorce, where parties cannot agree on the terms, can be significantly longer, stretching from several months to years. The time-consuming nature of contested divorces often results from protracted negotiations, court hearings, and other struggles in reaching a settlement.
Factors That Can Slow Down the Divorce Process
While you can get a divorce in as few as three months, most divorces take longer. A divorce in Utah, on average, takes between six (6) and one (1) year.
Several factors can prolong the divorce process:
- Custody Disputes: Disagreements over child custody, visitation rights, and child support can greatly extend the timeline. Ensuring the best interests of the children are preserved often requires detailed assessments and negotiations.
- Division of Assets and Debts: Complex financial situations, such as dividing property or businesses, can complicate proceedings. Valuing assets and liabilities and reaching an equitable division can be a lengthy process.
- High-Conflict Relationships: Cases marked by unresolved conflicts, vindictiveness, or extreme lack of cooperation between spouses often experience significant delays.
- Mediation and Court Backlogs: The need for mediation to resolve disputes, coupled with court scheduling and backlogs, can add to the wait time.
Divorce litigation typically takes the most time because it involves formal court proceedings where each party presents their case, requiring extensive preparation, documentation, and multiple court dates. The complexity of legal arguments, the need for evidence gathering, and the scheduling of hearings contribute significantly to prolonged timelines.
Tips for Speeding Up Your Divorce Process
It is very frustrating if your divorce process is delayed or takes longer than you would like it to. During these difficult moments, we encourage you to turn to your attorney for guidance and support. They can help you identify areas to streamline the process or suggest methods to increase efficiency.
While some delays are unavoidable, there are things you can do to help smooth the process:
- Be Proactive: Gather all necessary documents, such as financial records and custody agreements, early to avoid delays.
- Work with an Experienced Attorney: Our law firm can provide invaluable guidance, helping to navigate the intricacies of divorce efficiently by anticipating challenges and offering solutions.
- Consider Mediation: Mediation can be an effective way to resolve disputes quickly and amicably, potentially bypassing prolonged court proceedings.
How Our Law Firm Can Help You Navigate the Process
Divorcing in Utah involves many variables, and while some factors may be in your control, others will not be. Understanding the process can help mitigate your stress. Working with a legal team you feel confident in can also help bring you peace of mind.
If you're considering a divorce, reach out to our law firm, Nelson, Taylor & Associates, PLLC, for a consultation. We are ready to assess your situation and guide you in moving through the Utah divorce process, no matter how complex your situation is.
