If you feel like your divorce is dragging on longer than it should, you’re not alone.
A common concern we hear is: “Is my spouse doing this on purpose?”
In some cases, yes. A spouse can take certain actions that slow down the process. But the court also has systems in place to prevent a divorce from being delayed indefinitely.
Here’s what you need to know.
Can a Spouse Actually Delay a Divorce in Utah?
Short answer: they can try, but they cannot stop it forever.
Utah is a no-fault divorce state. That means one spouse does not need the other’s agreement to move forward. Even if your spouse refuses to cooperate, the divorce can still proceed. That said, certain behaviors can slow things down.
Common Ways a Spouse May Try to Stall the Process
1. Avoiding Service
A spouse might try to avoid being formally served with divorce papers. This can delay the start of the case, but only temporarily. If personal service is unsuccessful, the court may allow alternative methods, such as service by publication.
2. Not Responding to Filings
After being served, your spouse has a limited time to respond. If they ignore the paperwork, you may be able to request a default judgment. This allows the case to move forward without their participation.
3. Requesting Repeated Continuances
A spouse may ask the court to postpone hearings. While courts may grant reasonable requests, judges generally will not allow ongoing delays without good cause.
4. Failing to Provide Financial Information
Divorce requires full financial disclosure. If your spouse delays or refuses to provide documents, this can slow negotiations and court decisions. However, the court can order compliance and may impose consequences for non-cooperation.
5. Creating Conflict to Drag Things Out
Sometimes delays are less about paperwork and more about conflict. Disagreements over custody, property, or support can extend the timeline, especially if one party is unwilling to compromise.
What You Can Do If Your Spouse Is Stalling
If you feel like your spouse is intentionally delaying your divorce, there are steps you can take:
- Stay organized and respond to all requests promptly
- Document any missed deadlines or lack of cooperation
- Work with your attorney to keep the case moving forward
- Ask the court to enforce deadlines when necessary
How Long Can a Divorce Be Delayed?
Utah does have a mandatory waiting period of 30 days after filing. Beyond that, the timeline depends on the complexity of the case and the behavior of both parties.
While delays can happen, courts aim to resolve cases in a reasonable timeframe. A spouse cannot indefinitely prevent a divorce from being finalized.
Final Thoughts
It can be frustrating to feel like your future is on hold because of someone else’s actions. The good news is that you are not without options. Even if your spouse is being difficult, there are legal tools available to keep your case moving forward.
Every situation is different, and the best path forward depends on your specific circumstances.
If you have questions about your divorce timeline or feel like your case is being delayed, our team is here to help. Schedule a consultation to talk through your situation and understand your options.
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