In the state of Utah, a couple can obtain a legal separation in one of two ways. First, they can file for a temporary separation–which would allow them to conduct their lives separately for up to one year or until the case is dismissed–or second, they can request separate maintenance. Each has its advantages, so the Salt Lake City divorce lawyer at the Law Office of David Pedrazas, PLLC encourages you to learn more about the benefits of a legal separation if you have considered taking this course of action. Typically, temporary separations would be implemented if a couple is planning to divorce and they would like to enjoy the benefits of court-ordered child custody, alimony, child support and/or property division. Not only would this allow them to conduct separate lives while they wait for their divorce to be finalized, but it may even grant the parties access to shared assets and health insurance.

In certain cases, this form of separation could also be utilized if the couple is unsure of whether or not they would like to file for divorce. Since it would allow them to experience “single life” while remaining legally married, it may be a practical way for a couple to make a decision about the future of their marriage. On a similar note, separate maintenance would allow for a couple to bring about the conditions of divorce without actually divorcing. This type of legal separation is most commonly used when a couple wishes to live apart while remaining married–usually because of religious prohibitions against the idea of divorce. This order would last until the death of either spouse, but it is important to understand that you would need to prove that one or more of the following factors exists in order to successfully file for separate maintenance:

  • Your spouse willfully deserted you without good cause
  • Your spouse refuses to support you despite being able to
  • You are living apart through no fault of your own
  • Your spouse is serving a prison sentence of 1 year or longer

If you are interested in initiating a legal separation, the legal team at the Law Office of David Pedrazas, PLLC encourages you to discuss your case with a Salt Lake City divorce attorney as soon as possible. In doing so, you will have the opportunity to learn more about the numerous benefits that are provided through a temporary separation or separate maintenance. We would be happy to review your case and help you to determine a practical course of action when you call our office at 801-263-7078 or submit a Legal Case Review form online, so there is no reason why you should wait any longer to retain the professional assistance that you will need.