Legal actions move much slower than you would anticipate, especially in light of the backlog courts are experiencing due to COVID-19. Have patience and understanding with your lawyer. They, too, want to have your case progress as timely as possible. Unfortunately, they are at the mercy of many different factors. Just how long will it take to get divorced? Every case is other and has unique circumstances which impact this timeline. That said, in Utah, the average divorce action takes at the very minimum three months after your paperwork has been prepared and filed. The reason is under Utah law. You must wait 30 days after filing a Petition for Divorce to Obtain a final Order. There must be extraordinary circumstances show to have this 30 day waiting period waived.
Even if you have a simple, uncontested divorce and excellent conditions, it will likely take longer than three months to obtain a final Divorce Decree. A myriad of documentation must be filed with the court, including Affidavits, information sheets, and other documents. If your spouse responds to the divorce petition, you will be required to attend mediation before being granted a divorce. The purpose of mediation is to attempt to resolve outstanding issues to avoid a trial. In most situations, if you resolve issues during mediation, file the appropriate paperwork. Although it can difficult to provide a minimum timeframe, many of our divorce cases are completed within a 4 month period.
In cases involving contested divorce, with many assets, obtaining a Decree of Divorce may take several years. The discovery process of disclosing all financial assets and possibly having forensic accounting performed is lengthy. If children are involved, a guardian ad litem may be appointed, or psychologists brought in to interview the children and help determine what is in the child’s best interest. If you have minor children and file for divorce in Utah, you must attend divorce education classes. This further adds to the time it will take you to obtain a final order relating to your divorce. Getting a trial date and taking your case to trial will take (on average) at least a year or more.
Our experienced attorneys are adept at moving your case along as expeditiously as possible Don’t get waylaid and overwhelmed by a long, drawn legal process. Let us help you navigate these waters, get you on the path you need to be on, and fight for your rights in a manner that is as timely as possible.
Disclaimer: Using this site or communicating with Burton Family Attorneys through this site does not form an attorney/client relationship. This site is legal advertising only. Do not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services providers. If you have any specific questions about any legal matter, you should consult your attorney or professional legal services, providers.