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Legal Separation Forms To start the procedure, legally married spouses are supposed to file both a petition for legal separation and a motion for temporary orders. A couple is also required to come up with a separation agreement in Utah.
In Utah, separated parties may obtain necessary domestic orders without divorcing. Legal Separation in Utah allows the parties to separate and define issues related to their family, but still stay married.
Does Utah Recognize Legal Separation? Yes, but in Utah, it's called an action for "separate maintenance." The process begins when either spouse files a petition for separate maintenance with the local court.
Under separate maintenance, you live separately but remain legally married to your spouse. The wife may not take her maiden or former name. Your rights and duties to one another will be laid out in a Decree of Legal Separation. Utah laws mandate that spouses care for each other and their children.
In Utah, there is no minimum time period that you need to be separated before a divorce is granted. No matter how long you have been separated, the court will grant your divorce 91 days after filing.
Temporary separation orders are valid for one year from a hearing date, until someone decides to start a divorce process, or until spouses decide to get back together.
Utah is a mixed divorce state, meaning you can ask for separate maintenance based on your spouse's marital misconduct (domestic violence, desertion), or you can save time and money by requesting a no-fault separation, and state that your relationship has suffered irreconcilable differences. (U.C.A. 1953 § 30-4-1.)
In Utah, there is no minimum time period that you need to be separated before a divorce is granted. No matter how long you have been separated, the court will grant your divorce 91 days after filing.
Either spouse can petition the district court for a temporary separation order if:the spouses are lawfully married; and.both spouses have resided in Utah for at least 90 days.