A motion for a hearing less than 30 days from the date the petition was filed shall be accompanied by an affidavit setting forth the date on which the petition for divorce was filed and the facts constituting extraordinary circumstances.
Rule 105.Shortening 30 day waiting period in divorce actions
Part XII: Family Law · Last amended May 8, 2018 · Last verified July 13, 2026
In one sentenceRule 105 lets a party ask the court to hold a divorce hearing before the mandatory 30-day waiting period expires, by filing an affidavit that lays out the extraordinary circumstances justifying the earlier date.
Full Text of Rule 105
Amendment History
Added effective November 1, 2003; amended effective April 1, 2013; May 8, 2018.
Plain-English Summary
Utah law builds a 30-day cooling-off period into divorce cases, measured from the date the petition was filed. Rule 105 provides the mechanism for asking the court to shorten that wait when circumstances call for it. A party who wants a hearing sooner than 30 days out files a motion accompanied by an affidavit.
The affidavit has to do two things: state the date the divorce petition was filed, so the court can see how much of the waiting period would be skipped, and set out the facts that constitute extraordinary circumstances. The rule doesn't supply a list of qualifying circumstances — it puts the burden on the moving party to show the court, with specific facts rather than general urgency, why the case shouldn't wait out the full 30 days.
Frequently Asked Questions
What is the 30-day waiting period this rule shortens?
Utah law requires a waiting period of 30 days from the filing of a divorce petition before certain proceedings, such as the final hearing, can take place. Rule 105 is the vehicle for asking the court to hold a hearing sooner.
What must the affidavit supporting the motion show?
It must state the date the divorce petition was filed and set out the specific facts that amount to extraordinary circumstances justifying an earlier hearing.
Is a shortened waiting period guaranteed if extraordinary circumstances are alleged?
No. The rule requires the affidavit to state the facts, but it is up to the court to decide whether those facts rise to the level of extraordinary circumstances warranting a hearing before the 30 days run.
Source & verification. Rule text, Advisory Committee Notes, and
amendment history are reproduced verbatim from the Utah Rules of Civil Procedure,
adopted by the Utah Supreme Court. Last verified July 13, 2026. ·
Official source
Also known as: shorten 30 day waiting period divorcewaive divorce waiting periodexpedited divorce hearing utahemergency divorce hearing motion