How Long Does It Take to Get a Divorce in Utah?

The legal process of divorce in Utah comes with a complex web of intricacies. How to navigate through this web is not always clear. It is, therefore, not surprising that one of the most frequently asked questions besides, “how much will a Utah divorce cost?” is, "how long will it take to get divorced?"

The truth is, there's no one-size-fits-all answer. Each divorce is as unique as the relationships itself. That said, the amount of time needed to complete and make official a legal divorce in Utah depends largely on where you’re at with your spouse in terms of agreement on the legal issues of the divorce.

In this blog post, we'll unravel the mysteries surrounding the time it takes to obtain an official decree of divorce and explore the factors that influence this timeline.

Where You Stand with Your Spouse Matters

The first crucial factor in determining the duration (and overall expense) of your Utah divorce is the nature of your relationship with your soon-to-be ex. Are you showing up with respect and kindness, or are you playing a contentious tug-of-war?

The level of cooperation or discord between spouses can influence the timeline of the divorce proceedings. Have a full agreement with your spouse? If true, you're in the fast lane, meaning you could be done with your divorce in 2-3 months.

Have an Agreement in Principle? That is a Good Start

Picture it: you've reached a harmonious agreement with your spouse on the division of assets, debts, and child custody. It's all sunshine and rainbows, right? Well, not so fast.

While having an agreement in principle is a commendable start, you're not out of the woods yet. First, your in-principle agreement needs to be boiled down into a legal writing or a writing that will pass muster when submitted to the court.

Ideally, you will have your lawyer draft your legal, written stipulation and property settlement agreement. If someone else drafts the agreement, such as your spouse or the lawyer representing your spouse, at a minimum you should have your own, independent lawyer review the document with you and provide you with a full evaluation and legal consultation.

To make your Utah divorce official, your agreement needs to be translated into legal language and put on paper. Both parties must sign this legal document, turning your verbal promises into legally binding obligations.

This process can add a considerable amount of time to your Utah divorce proceedings. Remember, the devil is in the details, and getting those details right takes time and precision. It’s also something you won’t want to skimp on, rush, or be careless with. This is how mistakes happen and one way to ensure the need for additional legal proceedings to correct erroneous and defective divorce decrees.

If you are able to reach an agreement with your spouse through direct negotiation, congratulations! It's not an easy task for either party.

If you were not able to agree on all issues (maybe there are 1 or 2 details you agree on) or if negotiating with your spouse directly is a non-starter, don't despair. There are services available and resources available to assist you and your spouse in facilitating and reaching a resolution, including mediation services and the Collaborative process.    

Once you've agreed in principle, it's time to enlist legal professionals to draft the official documents. A lawyer should not only read and review your agreement, one should provide you with a full legal consultation and evaluation of your case.

A lawyer will help make sure your agreement is not only comprehensive but also adheres to the legal standards of your jurisdiction. Rushing through this step or using an inexperienced professional can lead to costly mistakes and prolonged legal battles down the road.

No Agreement Means Uncertainty

Now, imagine a scenario where agreement is but a distant dream. No handshake, no nod of approval. In this realm, divorce can become a protracted and emotionally draining journey.

Without cooperation and willingness to work together to reach an agreement, the legal system can be used to apply its will to untangle the web of marital assets, debts, and potential spousal and child support. Brace yourself; this can take anywhere from six months to a year or more. High conflict litigation has been known to last years.

Litigation is also where expenses veer out-of-control. What's worse is you little to no control over the legal matter once it's filed with the court. 

Factors That Influence Utah Divorce Timelines

There are a number of factors that can influence a divorcing couple’s level of cooperation, or a spouse’s willingness to agree. If you are going through a Utah divorce, it’s worth reviewing and considering these factors.

1.  High Conflict

High levels of conflict and emotional distress can impede the progress of your Utah divorce. Unresolved emotions often spill into negotiations, often resulting in one or both parties unable to discuss the issues in meaningful ways.

Mediation and counseling can be valuable tools to address these emotional roadblocks, potentially expediting the Utah divorce process.

Conversely, couples who manage to navigate the emotional terrain amicably often find themselves on the fast track to a Utah divorce. Open communication, cooperation, and a commitment to minimizing conflict can significantly reduce the emotional toll and, consequently, the time it takes to obtain a decree of divorce.

Divorce is not just a legal process; it's an emotional process. The emotional well-being of both parties and the level of conflict between them can have a profound impact on the timeline of Utah divorce proceedings.

2. Working with Everyone's Schedules Can Add Delays

The divorce process often involves the assistance of numerous divorce professionals, such as mediators, coaches, therapists, and lawyers. Working with these professionals can help you reach durable agreements that support your interests and needs. However, flexibility and a realistic understanding of your timeline when using these professionals are essential.

Understanding that delays may occur as you work with your soon-to-be ex’s schedule and other individuals’ and their schedules is crucial to managing expectations during this tumultuous time.

3.  Working with the Court's Caseload

Once your paperwork is in order, it's time to face the reality of the legal system's timeline. Courts have their schedules, and the availability of judges can impact how quickly your Utah divorce proceeds. Additionally, the caseload in your jurisdiction plays a role.

Generally, if you have all of your paperwork in order that has been reviewed by an experienced Utah divorce lawyer, and you both have signed and approved all necessary paperwork, the court could take anywhere from a couple of days to a couple of weeks to approve and enter your final Utah divorce decree. If the court is dealing with a backlog of cases, be prepared for a waiting game.

Conclusion

In the world of Utah divorce, one size does not fit all. The length of time it takes to obtain an official decree of divorce is primarily influenced by you and your spouse’s ability to communicate and negotiate an agreement.

An agreement in-principle may seem like a shortcut, but the devil is in the details. Your in-principle agreement must adhere to state law and court rules so that the district court judge will accept and enter your divorce decree, making your divorce official.