Utah Order For Separate Maintenance
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FAQ
Separation simply means living apart. You do not need to file court papers to separate. The law does not require you to live with your spouse.A mediator or lawyer can help you and your spouse reach an agreement.
In order to file a Petition for Temporary Separation, you and your spouse must be lawfully married and both have been residents of Utah for at least 90 days prior to the date of filing the petition.
Sometimes couples want to separate but do not want to divorce. A "separate maintenance" case addresses all the same issues involved in a divorce, except the parties do not actually get divorced. However, the parties will still be legally married.
A marital separation agreement does not have to be filed in court to be legally binding on the husband and wife. The agreement is basically like a contract between two people. As long as the husband and wife are legally able to enter into a contract, they can make a marital separation agreement.
"Separate maintenance" (which is very similar to alimony) is a way for one spouse to continue to support the other before, during and after a legal separation.
Legally you cannot be married to more then one person at the same time. Therefore, until your divorce decree is entered (no sooner then 91 days upon filing for divorce) you cannot remarry. The decision to begin dating again is a personal decision that only you can decide when the time is right.
People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate
In order to file a Petition for Temporary Separation, you and your spouse must be lawfully married and both have been residents of Utah for at least 90 days prior to the date of filing the petition.
