In Utah Divorce Court – Is it willful Desertion of the Petitioner if Nothing Happens in a Case for More than One Year? – No, not really. Divorce in Utah can be complicated and difficult.
Think of brain surgery. To the brain surgeon, it is normal and the brain surgeon does it everyday. But if you tried it, it would be difficult. The same analogy applies here. I do divorce work each day, every day, and so I know what needs to be done. Our office regularly does d
So, to answer this question:
The answer is No. It’s not.
The divorce court, could at any time, file what is called an order to show cause. An order to show cause from the divorce court is to find out why the case has not been prosecuted. If your spouse files a petition for divorce in a Utah court and does nothing, after some point in time, the judge will say it’s time to dismiss this case. A dismissal of the case means that the case is closed and if your spouse wants to file for divorce again, they would have to pay a new filing fee, file a new petition for divorce and start the entire matter over again.
Let’s be honest – most people don’t let things sit around. However, if this has happened to you, the next step is to move the case forward. If you haven’t attended mediation yet, move the case to mediation. If you haven’t yet taken the divorce orientation and education class – do that. Do what you need to do to move the case forward — assuming of course you want to get divorced.
Hey, we all need help sometimes.
If you need help with your divorce case, give us call – we would love to assist you with your divorce case, child custody case, or family law matter.
Thanks for visiting – until next time –
Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5507
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