Temporary Separation in Utah
The family law court in Utah allows couples to file for a temporary separation when they need time and space to work on their marriage and/or consider divorce.
In Utah, married parties can file for a temporary separation without filing for divorce, then obtain temporary orders like the ones which might be entered in a divorce hearing.
To get the temporary separation, the parties must be legally married, and both parties have to have residency in the state of Utah for at least ninety (90) days prior to the application.
For processing of the temporary separation, the petition has to be filed and served upon the opposing party, along with a twenty-one day summon. As the filing party or the petitioner, you have to take divorce orientation classes (not the same as the divorce education classes) within sixty (60) days of filing the petition. On the other hand, the respondent must take the same divorce orientation classes within forty-five (45) days after the court serves them with the petition.
Duration of the Temporary Separation
This form of Marital Separation Agreement in Utah can last for up to one year; or until the case gets dismissed. It can also last up to the time it gets consolidated with a divorce case. For consolidation of separation and divorce, either party can file a petition for a divorce.
If the divorce is filed and the cases consolidated, the temporary separation orders remain temporary orders applicable in the divorce case.
Do You Need a Legal Separation to Get a Divorce?
Luckily, this isn’t a necessity in Utah. However, the Utah family laws have a provision which allows parties to get temporary legal separation with binding orders. The binding orders aren’t permanent though.
If you think that you should get the temporary separation, complete above mentioned steps to get a copy of a sample Utah Marital Separation Agreement.
Whether you live in Salt Lake City, West Valley City, Provo, West Jordan, Orem, Sandy, Ogden, St. George, Layton or any other city of Utah, you can use our legal forms easily.