When facing a situation where one party doesn’t agree, individuals often wonder, ‘How long does a divorce take if one party doesn’t agree?’ This question underscores the potential challenges and uncertainties inherent in such circumstances, sparking a sense of urgency.
Divorce proceedings will continue even if one party does not agree to the divorce. Understanding the stages and timeline of divorce proceedings is important, as disagreements can extend the process.
Ending a marriage is never easy, even when both spouses agree it’s time to get divorced. But what if your spouse refuses to participate or does not want the divorce—then how long could it potentially drag out the process? This is a common question for those filing for divorce in Utah without their partner’s consent.
Thankfully, Utah divorce laws allow for one spouse to get a divorce without the other party’s agreement. However, that doesn’t necessarily mean it will be quick and smooth.
In most states, a spouse cannot prevent a divorce by refusing to cooperate or sign documents.
How Long Does a Divorce Take in Utah?
Getting divorced in Utah can take anywhere from 3 months to over a year, depending on your divorce case and specific circumstances.
If you and your spouse agree on all divorce terms, an uncontested divorce will likely take about 3 months to complete. This uncontested divorce process is straightforward: you’ll file the paperwork, await the state’s 90-day waiting period, and get a final decree. Uncontested cases typically move through the court system much faster than contested cases, requiring minimal judicial intervention and documentation.
But when spouses fight over issues like money, property, and kids, the divorce case gets bogged down in delays. Contested divorces involve extensive discovery processes, where both parties gather financial documents and may require expert witnesses. The discovery phase alone can last from 3 to 12 months if a spouse delays submitting financial records. During lengthy proceedings, the court may issue temporary orders to address custody, support, or use of the marital home. Court hearings are scheduled for motions, temporary orders, and the final hearing. If no agreement is reached, the divorce trial can last from one day to several weeks. High-net-worth divorce cases may require appraisals and expert evaluations lasting 60 to 120 days. The process of contested divorce often requires significant time investment for document review, deposition attendance, and court appearances, and can be emotionally draining due to adversarial proceedings and public court hearings. Contested divorces typically cost significantly more due to additional attorney time and court filings. Mandatory waiting periods in different states can add to the overall duration of a contested divorce process. Simple contested cases with limited assets might resolve in 6-12 months, while complex cases can take 2+ years.
If a spouse fails to respond to the divorce petition, a default divorce can occur, allowing the divorce to proceed without their input. The court can make decisions about property division, custody, and support without the non-responding spouse’s input, and a judge may grant a divorce judgment against a spouse who fails to respond, typically 30 days after the spouse refuses to respond. The court may also extend the proceeding to give the resistant spouse a final chance to respond before entering a default judgment.
The absolute minimum time for any divorce in Utah is 30 days. This mandatory waiting period gives couples a chance to think twice before finalizing. After that, an easy divorce wraps up in around 3 months. The final hearing is where the judge reviews the case and signs the divorce judgment, often based on a proposed judgment presented at this stage. It may take a judge 2 to 8 weeks to issue a final written decree after a trial. Both contested and uncontested divorces require proper legal documentation and adherence to state filing requirements. High-conflict divorces can take 9+ months. But with legal guidance, even the messiest divorce will conclude so that you can move on.
Utah’s No-Fault Divorce Laws
Unlike some states, you do not need to prove fault or wrongdoing on your spouse’s part to file for and be granted a divorce in Utah. This is due to Utah having “no-fault” divorce laws, meaning irreconcilable differences can be grounds for dissolving a marriage even if one person doesn’t agree to the divorce.
You have to show that the marriage is irretrievably broken – for example, by showing you and your spouse have developed such serious marital problems that there is no reasonable chance of saving the marriage. This makes getting a divorce possible without consent, but the rules still do not set specific timelines.
Filing Divorce Papers
Filing divorce papers is the crucial first step in the divorce process, officially setting the legal proceedings in motion and signaling the intent to end a marriage. When one spouse files for divorce, they become the petitioner, while the other spouse is named the respondent. The divorce petition outlines the grounds for divorce and details the petitioner’s requests regarding child custody, property division, spousal support, and other key issues.
In an uncontested divorce, both spouses agree on all major issues from the outset. This agreement allows the divorce process to move forward quickly and efficiently, often avoiding the need for a lengthy court battle. The initial paperwork is straightforward, and once the statutory waiting period—such as Colorado’s 91-day requirement—has passed, the court can issue a final divorce judgment. This waiting period is designed to give both parties time to consider reconciliation and to negotiate a settlement agreement that addresses marital assets, child support, parenting time, and other important matters.
However, if one spouse fails to respond to the divorce papers or actively contests the divorce, the process can become significantly more complicated. When the respondent does not participate, the court may eventually grant a default judgment, meaning the divorce proceeds without their input. Typically, if the other spouse does not respond within a set timeframe (often 30 days), the petitioner can request a default divorce. Even so, judges may allow additional time for the non-responding spouse to participate before finalizing the divorce judgment.
Legal counsel is invaluable during these proceedings. An experienced divorce lawyer can guide you through the filing process, ensure all legal requirements are met, and help protect your interests—especially when dealing with complex issues like substantial assets, retirement accounts, or custody evaluations. A lawyer can also assist in negotiating a settlement agreement, representing you in court hearings, and advocating for your rights regarding property division, spousal support, and child custody.
If both parties can reach agreements on all major issues, an uncontested divorce is often the best path forward, saving time, money, and emotional stress. However, when disputes arise over child custody, marital property, or support payments, mediation or court intervention may be necessary to resolve contested issues. In these cases, the divorce process can extend for several months or longer, particularly if the other party attempts to delay proceedings or hide assets.
Ultimately, filing divorce papers is just the beginning of the journey. Whether you are facing an uncontested divorce or a contested divorce, understanding the legal requirements and seeking professional help can make a significant difference. By taking proactive steps and working with a knowledgeable divorce lawyer, you can navigate the divorce process more effectively and work toward a fair resolution that serves the best interests of you and your minor children.
Factors That Influence The Timeline
The exact length of your Utah divorce proceedings with an unwilling spouse depends on several variables, including:
- How contentious the divorce is – The more your spouse contests or drags their feet to prevent the divorce, the longer the process. For example, if they fail to respond on time, refuse to sign documents, or engage in avoiding service of divorce papers, these tactics can significantly delay the process even though they cannot prevent the divorce itself.
- If you have children – With kids in the picture, there are custody factors the court must resolve, which adds to the timeline. Courts want to ensure arrangements are made in the children’s best interests.
- Complexity of financial and asset division – Sorting out finances, investments, real estate, retirement funds and personal property while factoring in debts takes time.
- How crowded the local family court docket is – Family court judges have a high volume of cases, like all courts. The more cases ahead of yours, the longer you may have to wait for a hearing date.
- If your spouse hires an attorney to contest – Having a lawyer drafting motions and arguments against the divorce can effectively drag out the timeframe.
- How reasonable both sides can remain during mediation sessions – Court-ordered mediation aims to resolve contestations amicably, but is less effective if one spouse stonewalls the process.
- If intervening events delay proceedings – Things like a change of legal counsel, requests for new hearing dates, continuances the court allows, other legal issues arising, or anyone falling ill can all temporarily halt the wheels of justice.
What Makes a Divorce Possible in Utah?
Like all states, you can’t simply decide one day you want to be divorced in Utah without actual legal grounds to terminate the marital contract.
Utah law explicitly outlines appropriate justifications that qualify as adequate causes to legally prove why this marriage is irreconcilable and should be dissolved by the court.
Of course, every situation is unique, but the generally approved bases for divorce in Utah are as follows:
Irreconcilable Differences: This “no-fault” standard encompasses irreparable loss of trust, insurmountable disagreements, continuous conflicts making harmony impossible, loss of intimacy, and grown-apart values and goals.
Also, other fundamental yet subjective reasons the marriage has collapsed from within over time, with no repair possible. Utah courts recognize and regularly grant a divorce on these incompatibility grounds.
Adultery: Being cheated on by a straying spouse represents objective and time-tested grounds for divorce across most states, including Utah.
Impotence: If either spouse is medically and irrevocably physically unable to engage in sexual intimacy required to consummate the marriage after adequate time and treatment efforts, it becomes a legal cause.
Willful Desertion: When one spouse deliberately abandons all marital duties and the home for over a year, this abandonment meets Utah criteria for divorce
Abuse/Cruel Treatment: Allegations of domestic violence, child abuse, emotional abuse, or physical harm toward a spouse provide urgent grounds for ending the marriage.
Speeding Up An Unwanted Divorce
If your spouse doesn’t agree with your desire to get divorced, unfortunately, you cannot force them to consent or take actions like signing divorce papers. Utah requires both spouses to be allowed to have their side heard in court.
However, there are a few key things you can do to help prevent excessive stalling and work towards finalizing the divorce on time:
Mediate in good faith: At least attempt to resolve property division, money, child arrangements, and other divorce issues together before battling it out in court. Successful mediation often requires both you and your spouse to cooperate and make joint decisions, especially regarding child custody and support.
Avoid unnecessary disputes: Pick your battles and settle minor grievances reasonably versus fighting over everything. Slovenly, the courts have to intervene frequently, and the longer a ruling on your case can take, the more it can take.
Submit court papers promptly: Supply requested affidavits, documentation, financial records, and other evidence on time. When filing paperwork, the court clerk is responsible for receiving and reviewing your documents to ensure they are complete and properly submitted. Missing deadlines can negatively impact your case.
Accept when compromises must be made: Although compromise can be difficult when you strongly oppose your soon-to-be-ex-spouse, picking unwinnable fights over possessions or pride is rarely worth elongating the battle.
Stay flexible with court dates: While inconvenient, being open to various court scheduling and last-minute hearing date changes can prevent stalling tactics.
Consider including a mediation clause: If an unwilling spouse excessively lengthens proceedings, requesting mediation be officially ordered by the court can help resolve issues. A professional mediator may even recommend a resolution the judge accepts.
Hire an experienced family law attorney: Insight from a divorce lawyer familiar with Utah laws and courts, especially for contested divorces, is invaluable to ensure proper filings and speedier finalization. Legal expertise goes a long way toward efficiently navigating this complex legal transition.
If you are hoping for an uncontested or simplified divorce, it is important to remember that both you and your spouse must meet certain requirements set by the court to qualify for these faster procedures.
Frequently Ask Questions
How long does it take to get a divorce in Utah?
An uncontested divorce usually takes around 3 months in Utah. If it’s contested and complicated with disputes over assets or child custody, it can take anywhere from 6 months to over a year.
What is the residency requirement to file for divorce in Utah?
To file for divorce in Utah, the petitioner or respondent must have resided in the state for at least 6 months prior. Either you or your spouse must have lived in Utah for this period to meet the residency requirement. This is to make sure Utah courts have proper jurisdictional oversight.
What if we mutually agree to divorce in Utah?
If the parties agree to get a divorce in Utah, you can pursue a divorce by consent, also known as an uncontested or no-fault divorce. This is when both spouses consent to the divorce and agree on the terms without fighting over issues like asset division, alimony, or child custody.
Bottom Line
In the end, there is no definite way to know precisely how long it could take from initially filing for divorce to the day your marriage legally ends if your spouse intends to be uncooperative. The process takes a minimum of three months per Utah law.
However, it isn’t uncommon for contested divorces to remain disputed for closer to a year, often longer in extreme cases, if an estranged spouse leverages every avenue to stall a divorce they do not want.
The good news is Utah legislation allows for one party to obtain a divorce without the other party agreeing to it. How smoothly and swiftly that divorce proceeds through the court system greatly depends on the cooperation level of both individuals.
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