Overview Of Legal Separation Utah Law
Utah state law provides two different types of legal separation. The first, which is referred to as temporary separation, is used in cases where a couple is planning to divorce and wants to enjoy the benefit of having court orders concerning child custody, possession of the marital home, and the payment of alimony and child support while they wait for the divorce to be completed. The second is separate maintenance, which is used to avoid divorce altogether.
Temporary Legal Separation Utah
Temporary separation may also be used in situations where the spouses are considering divorce but want to live separate and apart while they attempt to salvage the marriage by working on their relationship. This type of legal separation is covered by Utah Code §30-3-4.5. In addition to the issues mentioned above, the court orders available in temporary separation may cover the division and management of shared assets and debts, access to and payment for health care insurance, and parent time. An order for temporary separation remains in effect for one year or until the case is dismissed.
Separate Maintenance In Salt Lake City
In the event that you want to live apart from your spouse but want to avoid divorce, you may benefit from the other type of legal separation, which is referred to as separate maintenance. Separate maintenance is a viable option for couples who would choose to end their marriages except for deeply held religious prohibitions against divorce, among other reasons. This course of action, which is provided for under Utah Code §30-4-1, makes it possible to bring about the conditions of divorce without actually divorcing.
You may petition for separate maintenance under these conditions only:
- Your spouse deserted you without good cause.
- Your spouse is able to support you but does not.
- Through no fault of your own, you are living apart from your spouse.
- Your spouse is in prison for one year or more and has made no provision for you.
How do you Obtain an Order of Separate Maintenance?
Before you can obtain an order of separate maintenance, you will have to be able to demonstrate that you have grounds such as that your spouse has willfully deserted you without good cause, refuses to support you despite being able to do so, that you are living apart from your spouse through no fault of your own, or that your spouse is serving a prison sentence of one year or more and has not made provisions for you. An order of separate maintenance lasts until the death of either spouse. To learn more about your options and begin working on your case, contact us now at the Law Office of David Pedrazas for a free consultation with a Salt Lake City divorce attorney. We will help with all your legal separation Utah needs.