Does A Legal Separation Protect You Financially?

Does A Legal Separation Protect You Financially

Although they share some similarities, legal separation and divorce are not the same thing. Each instance involves the couple living apart from one another with a specific legal agreement in place. However, legal separation does not completely dissolve the marriage like a divorce does. Just like a divorce, legal separation requires court appointed agreements to be put in place. The couple and their lawyers will reach agreeable negotiations that will be filed with the court. Unlike a divorce, a legal separation still leaves the marriage intact, but with stipulations. A legal separation agreement takes on all of the issues that are covered during a divorce proceeding.

In Utah, your spouse needs to agree to a legal separation. If they do not, you may have to file for divorce. With that being said, legal separation is not something that should be considered without deep thought as it is a life-changing occurrence.

Pros Of Legal Separation

Choosing to embark on the path of legal separation is a personal decision that only you and your spouse can make. It isn’t a choice that should be made lightly. For most, legal separation is the first step to a final divorce. There may be reasons such as tax benefits and religious convictions that inspire a couple to become legally separated before deciding to completely dissolve their marital union. Sometimes, a couple will determine that although they cannot remain under the same roof, they have good reason not to divorce, either.

Some Reasons to Choose Legal Separation

• There are federal tax breaks for married couples and you, and your spouse would like to continue benefiting from them.
• You and/or your spouse will continue to receive health insurance from the subscriber’s plan.
• The possibility of reconciliation is alive. With a legal separation, you and your spouse can still opt to keep your marriage intact after some time apart. Many couples seek marriage counseling during legal separation.
• One or both of you do not believe in divorce due to religious convictions.
• The pair of you might be financially unstable and wish to stay legally married to help with living costs. This also holds true if your spouse will be deemed as financially unstable due to a divorce and you would like to stay married until they can stand on their own.
• When you or your spouse is eligible for the other’s social security benefits. After 10 years of marriage, this sum of money increases.
• You and your spouse are not ready to negotiate a full-blown divorce agreement. Legal separation protects your rights and financial interests while the two of you decide whether or not divorce is the right decision.
• If you and your spouse plan to stay separated on a long-term basis, it is imperative that you have a separation agreement in place so that you both have your interests legally protected.
• All of the issues covered in a divorce are also covered in a legal separation. This includes child support, custody and parenting time, asset and property division, payment of marital debts, and spousal support.

Some Cons Of Legal Separation

As with any legal procedure involving family law, there are some cons to choosing a legal separation. Even though legal separation isn’t a divorce, the journey is still complicated and emotionally taxing. This is all the more reason to choose an experienced attorney to represent you and process your paperwork.

Some Reasons Not to Choose Legal Separation

• You have plans to remarry or aspire to remarry, at some point. Legal separation is not a divorce; therefore, you will still remain married.
• You desire to sever financial ties with your spouse. Legal separation still requires you to act as one party in terms of financial responsibility, aside from child and/or spousal support obligations.
• You are absolutely sure you want to dissolve your marriage. Choosing legal separation only prolongs your stress and discontentment.
• When there is zero financial benefit. There is no reason to waste time and money on a legal separation when there won’t be any financial gain.

A Separation Agreement

If there is an official separation agreement for the spouses, it likely states which spouse is responsible for which debt. When a couple receives a legal separation, the process and orders that result are akin to divorce decrees. Orders can be made while the spouses are separating that set out provisions for property division, spousal support, custody matters and child support. When the spouses are legally separated, any new debts are usually considered the separate debt of the spouse that incurred them. However, not all states recognize legal separation. In that case, debts may continue to allot until the divorce filing or the divorce decree, depending on state law.

Individuals in jurisdictions that do not allow legal separation should ensure that they protect their financial security by getting orders from the court to prohibit the acquisition of new debt while the divorce is pending. Community property states hold that all income, assets and debts incurred during the marriage are jointly and equally owned by both spouses. Excluded from community property is property that was obtained before the marriage or property obtained through a personal gift or inheritance. If the bill is for an asset that was purchased before the marriage, the original owner is likely to be the only one liable for the debt unless the other spouse expressly agreed to pay the debt. Likewise, if the bill was incurred after the couple was separated; it is likely to be viewed by the court as separate debt. If the bill that was incurred is for an expense that arose during the marriage, such as a utility bill or a medical bill, the bill is likely subject to a 50/50 split between the spouses. This holds true even if the bills are primarily only in one of the spouse’s names. When a family court in an equitable distribution state determines who is responsible for certain debt, it looks at the financial history of each spouse. In equitable distribution states, there may not be a completely equal distribution of property and debts. Even if a separation agreement or divorce decree states that a spouse is responsible for certain debts and the other spouse is not, this statement has no effect on the creditors because family courts do not have jurisdiction over third parties.

Therefore, a creditor may still pursue collection efforts and take action against a spouse that can adversely affect his or her credit. Even if a spouse would not be legally liable for a debt, he or she may become liable by an agreement. If the spouse told the creditor or the other spouse that he or she would pay a debt, that spouse may create a contract that both the spouse and the creditor can rely on. Handling finances when married is hard enough. Adding separation into the mix can make financial management even more difficult. Before you and your spouse begin splitting finances during separation, keep the following advice in mind. Whether you are planning on getting back together or are preparing for a divorce, creating a financial separation from your ex-married life can be stressful. Children, the Home-front, mutual debts, lawyers’ fees, and creating a new budget are all part of financial management in marriage. As with any separation, the more civil you and your spouse can be, the smoother your dividing of assets will go. There is no easy way to separate from your spouse, but there is a way to make the process much more manageable. Don’t put you or your spouse into debt over your separation. Here are some ideas to keep in mind when splitting finances during separation.

• Get It in Writing: You may have trusted your partner in your married life, but financial management in marriage and during separation are two horses of a different color. If you want to ensure that you can become financially independent from your spouse, you must:
1. Create a new budget
2. Make a fair division of accrued items, such as furniture, appliances, and electronics
3. Close your shared accounts as soon as possible
4. File for legal separation
5. Divide your assets
6. Get everything in writing
Many couples may choose to try and discuss any subjects of alimony, childcare, and selling off shared assets without a lawyer. Remember that any debt your spouse incurs post-separation will have an effect on your credit report.
• Living in the Family Home: Until you are legally separated, it is important to establish a new budget. You may come to a civil agreement with your ex on who should pay what after your separation. All property acquired during your marriage is usually considered marital property by law. This means that you are both responsible for paying for your home, even if you are separated. Perhaps you will decide that the partner who remains in the marital home should be responsible for paying the monthly bills, or the spouse who keeps the car should take care of the car payments and insurance.

• Selling the Marital Home: When a couple separates, it is common for one or both of partners to want one person to remain in the family home for the benefit of the children. Believing that this will give their children more stability, couples may take on more debt than they can handle on a single income. If you cannot come to terms on sharing the financial responsibility for the mortgage, taxes, and other bills, it may be in your best interest to sell the home and split the profits.
• Handle Credit Card Debts: So long as you are married, all financial institutions will regard your debts as “shared.” This makes it important to civilly discuss splitting finances in marriage separation. You must decide how much of your debts joint and which are individually incurred are. For example, a mortgage would be a shared debt that you would both pay into, but student loans and personal credit card debt may be taken on individually. Splitting finances would be wise, and consolidate your credit cards so that you can close any shared accounts as quickly as possible.
• Get a Lawyer to Draw Up an Agreement: During your married life you made decisions together, so you may desire to make your financial management in marriage separation as civil as possible. Not wanting to involve lawyers is an admirable goal, but it is not always the wisest one. For example, in the event that one spouse becomes disgruntled by the separation and begins to overspend on any finances that are still in a shared account or stops paying the mortgage or monthly bills, your financial institution will look to you to cover the payments. So long as you are still legally married, this unfortunate debt incurred by your ex will fall to you. It may be wise in this case to bring a lawyer into the mix to create clear, legal lines of financial responsibility for you and your ex.

• Your Children: Splitting finances during a separation gets more complicated when there are children involved. Things will go a lot more smoothly if you and your partner can come to a civil agreement about sharing custody of the children and both providing financially for them. Loving parents will calmly discuss the roles and responsibilities of each spouse regarding the children post-separation. Always consider the best interest of your children first. The cost of daily living should be taken into account when you are deciding on a budget for the children. Rent, groceries, clothing, school supplies, and field-trip outings should all be financial aspects that both parents are responsible for.
When you are separating from your married life, it can be difficult to decide on a new post-marriage budget. After all, financial management in marriage is difficult on a good day. Throw divorce or separation into the mix and you’ll be in for a head-spinning conversation. Strive to focus on the essentials: your house, your debts, your children, and getting independent and you’ll be off to a good start. To help ensure a separation agreement is not challenged, you and your ex-partner must be fully open about your finances. This is called ‘financial disclosure’. That way each of you’ll know what the other person has in:
• Debts
• Savings
• Property
• Investments

Legal Separation Lawyer Free Consultation

When you need help getting a legal separation in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you with divorce, family law, legal separations, child custody, debt division, asset division, retirement division and much more.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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Is Legal Separation Recognized In Utah?

Does Utah Recognize Legal Separation

A legal separation in Utah is called “separate maintenance – a court will detail the monetary support guidelines and child custody issues and the division of marital property. Couples hoping for reconciliation may prefer this form of separation to divorce. Utah requires married couples with children under the age of 18 to attend classes to educate themselves on divorce, and couples with no children must still undergo a 90-day waiting period. Moreover, married couples filing for divorce must also attend a mediation session to resolve remaining disputes before going to trial. Filing for legal separation circumvents the class requirements and the 90-day waiting period. Parties are legally separated only when a court enters a decree of separate maintenance. To obtain a decree of separate maintenance in Utah, the parties go through an action like a divorce.

Separate maintenance divides property, awards custody of children, and provides for child support and alimony, but does so on a temporary basis; the decree of separate maintenance does not end the marriage. Alimony under separate maintenance is more common than under a divorce decree because the parties are still married, and the law requires spouses to support one another. Once the separation occurs, the separated couple may file for a divorce, which is independent of the legal separation. Court and attorney fees for legal separation and divorce are equal, but couples seeking a divorce after a separation will end up paying the same amount twice. Couples seeking legal separation must resolve issues similar to that of divorce, including child custody and visitation, dividing up property and child support, and paying debts.

Separation Agreement

A separation agreement is a legal binding contract signed by spouses, which is intended to resolve property, debt and child related issues. This can be a very complex and detailed document depending upon the unique situation of the marriage. Many spouses consult an attorney to provide this or they decide to prepare their own.

Couples can obtain a legal separation on a few different grounds, which include one party having deserted or left the other without reason or, although able, neglects or refuses to provide for the other spouse. One can also seek legal separation when the other is imprisoned for a period exceeding one year, preventing that incarcerated party from providing for the spouse. Additionally, legal separation is obtainable when spouses live separately but claim no grievance.

In order to be eligible for legal separation, both spouses must have been Utah residents for the past 90 days

Twenty days after the paperwork petitioning the court for a legal separation has been filed, the respondent receives a summons to appear in court. In court, the petitioner explains the grounds for the separation, and the judge generally grants a decree of legal separation.

Legal separation is a difficult, emotional topic. For this and many other reasons, you should hire a Utah legal separation attorney to help you. It’s especially important to take practical legal steps and use the proper legal separation agreement forms to protect yourself and your children when you’re dealing with an emotionally charged situation. A separation agreement spells out the terms agreed on by the separated couple for handling important matters, such as property division, child custody and child support, while living apart. When filed in family law court, a separation agreement can be enforced with the court’s contempt power if not obeyed. Getting a legal separation doesn’t change the fact that the couple remains married under the eyes of the law. However, if the couple later decides to divorce, a divorce court will often incorporate the terms of the separation agreement into the final divorce decree.

How Do You Get a Legal Separation?

The divorce law in your state, which varies by state, defines what is required for getting a legal separation. If you’ve been wondering “how can I get a legal separation”, US Legal Forms offers state-specific legal separation forms that can be easily completed from your own computer. You don’t need to be an expert in the divorce law of your state to use our forms, simply fill in the blanks according to the terms you’ve agreed on. Many states allow the papers to be filed by the separated couple in family law court. You will first need to sit down with your spouse and discuss how you will address important issues while separated, such as:
• Property division, including who will use shared vehicles and resides in the marital residence.
• Support and custody of a child or children. State child support guidelines may be used as a reference.
• A legal separation agreement can include terms for spousal support.
• Payment of bills, including insurance and uncovered medical expenses.
• Payment of income taxes and assignment of deductions.

There Are Residency Requirements in Utah

There are residency requirements to get a legal separation in the state but they are lenient. To be eligible for a legal separation in Utah, both spouses must have been living in the state for the past 90 days. Twenty days after the filing the petition to the court for a legal separation, the respondent will receive a summons to appear in court. Once in court, the petitioner will have the opportunity to explain the grounds for the separation. At this point the judge generally grants a decree of legal separation.

In a legal separation, you are still responsible for the debts of your spouse even though you are no longer living together; in a legal separation you are still liable for spousal debts. You are also responsible for legal issues they may be involved in. A legal separation decree would address agreement on these debts. If a spouse neglects to pay certain joint marital debts however, creditors can still come after you. If legal documents are not filed detailing your separation agreement, this is not considered being “legally separated” and how you will share your marital assets, debts and other costs can likely cause problems in the future, which could potentially lead to complicated litigation.

Unlike in a divorce, there is no waiting period for a decree of separate maintenance. If there are no complications a legal separation could be complete in a few weeks. Choosing to end a marriage can be one of the most difficult decisions a couple can make. After all, when a couple has difficulties in their relationship, tensions and emotions can be high and the options available to you to make necessary decisions can be confusing. While you may have decided that your relationship is definitely not working out as you expected, take a little time to educate yourself about what your possible next steps should be.

An annulment is a formal declaration from the court that goes beyond ending the marriage by stating that the marriage never occurred. An annulment is very difficult to obtain because you must prove that under Utah law, the marriage was never valid. There are several instances where this may be shown. For instance, your marriage is not valid if you can show that your spouse was already married to someone else when your marriage occurred. In that case, you would need to show that your spouse lied to you or withheld information about their marital status. Demonstrating this situation would show that if you had known, you would never have married.

Divorce is the second option. A divorce decree will terminate the marriage. You may also have other issues addressed by the courts such as:
• Custody
• Visitation
• Child support
• Property division
• Alimony
• Pensions
A third option is a legal separation. In Utah, this is referred to as “separate maintenance”. With this option, you technically will still be married but will reside in remain legally married but live independently from your spouse. Separation can occur informally, without the intervention of the courts, or legally. In separate maintenance, a judge will issue an order granting the separation and legally changing your marital status. If you and your spouse are now living apart but have not taken the steps to file for a separate maintenance petition, you will not have this “legally separated” status. Perhaps you are not ready to take the step to file for separate maintenance or divorce but need help with issues such as child support, alimony (support for spouse), child custody and visitation. You can get help with these issues through the courts separately without filing for divorce or separate maintenance.

The primary difference between divorce and being legally separated in Utah is that are still married, even though, you have a separate maintenance decree from the court. With a divorce decree, the marriage is ended. While both processes are similar, it is the outcomes that are different. 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.

This temporary order addresses issues such as custody and child support, alimony, the division of property and the repayment of any debts. These orders remain valid for one year from the date of the hearing. If you should decide later on to divorce, you will need to file a separate petition to divorce. If you decide the legal separation is the most appropriate step for you, you will need to file a petition in your Superior or Family Division Court. However, realize that this is not necessarily the first step to getting a divorce. While processes are similar in cost and length of time (8-10 months on average), they are different.
There are key differences between a separation and divorce. The most basic and obvious distinction is that you remain married during a legal separation and in a divorce, your marriage is dissolved. Other differences include:

• Health care/other benefits: Legal separation allows for the retention of health care and other benefits including certain social security benefits that terminate with a divorce.
• Marital status: Legal separation allows you to retain your marital status, meaning that you’re not free to marry another; once you’re divorced, you can remarry.
• Decision-making: Spouses are still considered next of kin and can still make medical or financial decisions for the other; divorced spouses aren’t considered next of kin.
• Debts/liabilities: Spouses may still be responsible for the debt of the other in a legal separation, unlike a divorce where the debts are handled during the dissolution process.
• Property rights: Legal separation preserves each spouse’s legal rights to property benefits upon the death of the other, but a divorce extinguishes these rights.
• Remarriage/reconciliation: Divorce cannot be undone; reconciliation is easier with legal separation. With a divorce, you would have to remarry if you want a legal reunification.
Similarities Between Legal separation and Divorce
In both divorce proceedings and in the proceedings for legal separation, the court decides the following:
• Separation maintenance (a legal separation includes the equivalent to alimony and child support, but is distinguished from the effects of a divorce and is usually achieved through a “motion pending litigation”).
• Child custody
• Child visitation
• Property division (both legal separation and divorce property division is based on the couple’s situation and how it relates to the property)

Living Separately and Impact on Property Division

Circumstances may arise that lead to couples living apart with no intent to continue the marriage. Additionally, some states have laws that require couples seeking to file a no-fault divorce to live apart for a designated period of time. Living separately can affect the property division. Property and debt acquired while living separately is classified differently depending on where the couple lives. Some states determine the property classification based on whether either spouse has the intent to end the marriage.

Trial Separation

Couples can also have a trial separation, but it has no real legal effect and is viewed only in terms of time in the couple’s marriage. Any property or debt acquired during a trial separation is still considered to be acquired during marriage and therefore, likely marital property.

Permanent Separation

Once a couple decides to separate for good, they have a permanent separation. This permanent separation probably has no legal effect as compared to a legal separation in which one of the spouses has filed separation paperwork in court. Most states view all property and debts acquired after a permanent separation as the separate property of that acquiring spouse. Debts that are acquired by either spouse after a permanent separation, but before a final divorce, and are used for family necessities, are treated as joint debts of both spouses. These debts can include things like house payments, maintenance of the family home, and expenses relating to the children’s care. Because each state has its own laws regarding property and debt division, it’s important to check the laws where you live. These determinations can become quite convoluted due to the changing of the couple’s circumstances, so it’s a good idea for each spouse to consult with his or her own attorney for help. A local family law attorney can help you sort through the consequences of a legal separation.

Legal Separation Attorney Free Consultation

When you need to get divorced or a legal separation in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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What Is The Difference Between Annulment and Legal Separation?

What Is The Difference Between Annulment and Legal Separation

A legal separation does not officially end a marriage. The parties are still legally married and cannot remarry or enter into domestic partnerships with others. Legal separation is a reasonable choice for couples who aren’t ready to get a divorce but who want to live separately and decide on issues such as custody and asset division. Some couples prefer legal separation to divorce if potential reconciliation could be in the future. Others avoid divorce for religious reasons or to retain benefits such as health insurance. During legal separation, you can ask a judge to decide on all the same issues as in a divorce, but you will still be legally married.

Different Types of Legal Separation

If two people are married, they can be considered separated. However, there is much confusion that is associated with this simple word, “separated.” Much of this confusion is due to the fact that there are four different types of separation:
• Trial separation: If a married couple decides to live separately (even if they are living in the same house) to see if they want to continue living separately, this is called a trial separation. If the couple decides not to reconcile, the assets they accumulate during the trial separation, as well as the debts they incur, are normally considered as jointly owned. Trial separations are generally not recognized by the law.
• Living apart: If two spouses no longer live in the same residence, they are living apart. Depending upon the state, living apart could impact your property rights. For states that consider living apart as the first part of a divorce, assets accrued and debts incurred by the individuals during this living apart phase could be classified as separate property and not marital property. However, other states still consider this property to be joint, marital property until a complaint seeking divorce is filed.
• Permanent separation: If a couple finally decides to split up for good, this is often called a permanent separation. In most states, all property received and most debts incurred during a permanent separation are considered the separate property of the spouse that is responsible for the property or debt. If debt is incurred for certain necessities, like providing for children, during a permanent separation, the debt will still be considered as joint property. Only if one spouse takes the other to court for support payments or custody will a separation be considered legal.

• Legal separation: The step beyond a permanent separation is legal separation. This occurs when a couple splits up and seeks a court issued judgment for a division of property, child custody, support payments, visitation rights, but not for divorce. If payments are ordered in a legal separation, either for child support or for living expenses, it is generally called separate maintenance. Some states allow separate maintenance to be ordered even if litigation is still pending. Separate maintenance is often the basis for future alimony awards after divorce proceedings.

Annulment In Utah

A legal annulment does not end a valid marriage, but rather declares that the marriage never existed in the first place. An annulment may be appropriate if something made the marriage invalid or never officially legal. For example, if one spouse was already married at the time of the second alleged marriage. The Utah courts may declare a marriage void and grant an annulment request if the spouses are under the age of 16 and lack parental consent, either party was under the influence at the time of marriage, either party was incurably impotent, or if either party entered into the marriage due to coercion or fraud. A conversation with you, your spouse, and a legal professional can help you choose between these three options. You may think you want a divorce to finalize the dissolution of marriage, when in reality a legal separation or annulment would be a better choice for your situation. Speak with a family law attorney for legal counsel before making your choice.

A legal separation is almost like a trial divorce. While it doesn’t permanently end the bond, it does allow you to live separately and divide money, property, and child custody. You aren’t, however, legally allowed to remarry or enter into a domestic partnership. If you’re legally separated, you have the option to amend the order in the future and get a legal divorce. Many couples opt to get a legal separation because their religion prevents them from getting a divorce. Unlike a divorce, which entails a six-month waiting period, legal separation is effective immediately. Annulments are particularly interesting because they’re filed on the grounds that the marriage wasn’t legally valid. There are several reasons where this could be the case:

• An incestuous marriage will never be considered valid.
• One partner was already married to someone else.
• One partner was under the age of 18 when married.
• Either partner was considered of “unsound mind.” This means one party didn’t understand the legal repercussions of marriage.
• A spouse was tricked into marriage by fraud, threat, or force.
• One spouse was incapable of consummating the marriage, which means he or she was physically incapacitated at the time.
Unlike divorce and separation, annulment requires you to prove one of these situations. Annulments are much more difficult to illustrate, and they require an experienced divorce attorney. Furthermore, there are strict statutes of limitations on annulments, too. Generally, it’s within four years of the marriage. An attorney can walk you through the specifics regarding your situation. If you’re granted an annulment, you can remarry or enter a domestic partnership, and you may divide custody and visitation rights. Unlike divorces and separations, annulments don’t usually allow you to divide property and money. Because you claim the marriage was never valid, you also give up your rights to shared property. An annulment does have residency requirements, though, so it may be right for you if you have been a resident of Utah for less than three months.

Divorces and annulments both have the same effect–they dissolve the marriage. However, they differ in how they treat the marriage. When people get a divorce, they’re still recognized as having been married previously. An annulment, on the other hand, treats the marriage as though it never existed — and in fact, the key distinction of an annulment is that the union wasn’t legal or legitimate to begin with. To help understand the difference between annulment and divorce, let’s look at two hypothetical situations. Let’s say, for example, Couple a discovered they no longer saw eye to eye after five years of marriage and decided they needed to call it quits. Depending on the marital property laws of their state, their combined assets and liabilities will be divided either equally or equitably; one spouse may pay alimony to the other; and child custody, support, and visitation will be determined. If the couple can’t agree on the terms of the divorce, it may be argued in court and decided by a judge. The union was valid when they obtained their marriage license, but now they wish to terminate the marriage. Meanwhile, Couple B settled down together and had what you would call a happy marriage. However, the wife discovered after a couple of years from a demand letter seeking support payments that her husband actually left his first family one year before she met him. She had no idea he was previously married, or that he had children. Since he misrepresented and/or concealed important information, she filed a petition for annulment in the court with evidence of his concealment or lie. The court agreed, declared the marriage null and void, and the two parties went their separate ways as if they were never married in the first place. If Couple B had children together, then the courts would still go through the child custody, visitation, and support process. The court would probably be more sympathetic to the mother in this scenario, given the father’s misrepresentation, as long as the focus is on the best interests of the children.
Civil Annulments
Annulments are a form of relief for people who were placed in situations in which they never should have been married. Because civil annulments treat the marriage as though it never existed, a person must have a pretty good reason to obtain one. Typically, one of the following requirements (or legal grounds) must be met to obtain an annulment vs. a divorce:
• Fraud or Misrepresentation – One of the spouses has lied about something, such as age or already being married.
• Concealment – One of the spouses hid a major fact, such as a felony conviction.
• Misunderstanding – For instance, one of the spouses does not want to have children.
• Impotency or Incest – One of the spouses is incurably impotent (and the other spouse didn’t know), or the spouses are too close in familial relation to marry.
• Lack of Consent – One party lacked mental capacity to consent or was forced into marriage.
These things are usually discovered early on in the marriage, so there typically is no need to divide property or decide on issues regarding children. However, most state laws do govern how to decide such issues should an annulment of a long-term marriage occurs. Check with your state’s laws regarding property division and child custody, visitation, and support. If you do have children from an annulled marriage, these children are not considered illegitimate.
Religious Annulments
The grounds for obtaining a religious annulment are different than those for a court-granted annulment. However, both types of annulments have essentially the same effect–the marriage is treated as though it never existed. In the Catholic Church, a diocesan tribunal, rather than a court of law, decides whether the marriage bond was less than a covenant for life, because it was lacking in some way from the very beginning. Either or both parties may obtain an annulment if they can show adequate grounds, such as a lack of maturity, honesty, or emotional stability. If the tribunal grants the annulment, then both parties may remarry in the Catholic Church. Like in the court of law, the legitimacy of the children of an annulled marriage is not questioned.

How to Be Eligible for an Annulment

While a divorce terminates a legal marriage, an annulment means that the marriage never existed legally. To qualify for an annulment, a marriage must be legally void or voidable. Void means that it is not valid, while voidable means that a court can declare it to be invalid if it is challenged. To be eligible for an annulment you must be able to prove one of the specific grounds to establish that your marriage is void or voidable. Otherwise, eligibility for an annulment is simple. However, many states require strict proof to declare an annulment.
• Meet one of the legal grounds for annulment. Although the grounds vary from state to state, several reasons for annulment are common to all states. If a spouse did not have the legal capacity or the legal intent to enter into the marriage, an annulment is possible. Some common reasons that a spouse does not have the legal capacity to marry include a preexisting marriage, mental incapacity or being underage. Another reason is consanguinity, or a marriage between close relatives, which is illegal.
• Determine if you were married without the proper intent, as an alternative to lacking the capacity to marry. A person who marries under fraudulent circumstances or under duress lacks the proper intent to enter into a marriage. For example, a person with false identity commits fraud if he marries someone who has no knowledge of his true identity. Another example is a sham marriage, in which the parties marry to deceive a government or corporate entity. A marriage that has not been consummated by physical relations can be annulled in some states.
• Be the innocent spouse in your marriage in order to file for an annulment. In some states and under certain circumstances, the wrongdoer in a marriage cannot be the plaintiff in a lawsuit for annulment. For example, if a man forced you to marry him under duress, he cannot file for annulment himself. Or, if you were tricked into marrying someone but remained married after you learned the truth, you cannot file for an annulment in many states because your actions retroactively approved the marriage agreement.
• Meet the residency requirements for the county and state where you seek an annulment. Usually, you or your spouse must have lived in the county for at least 90 days prior to filing for an annulment. Many states require a much longer period of residency. A lawyer or other officer of the court can tell you if you meet the residency requirements.
• Meet your state’s statute of limitations for annulment. For example, you might have to file within 90 days of the wedding ceremony, depending on the reason you are filing. You can find out if your state requires you to file within a certain time frame by consulting a lawyer, or you can look up this information in your state’s code of laws. You can usually find the state code online by conducting an Internet search or in a public library.
Though no one ever plans on ending a marriage, the truth of the matter is that many do end in divorce. However, there are other options which can make this time even more confusing. Some people prefer to stay married but they legally separate while others want an annulment.

Annulment and Legal Separation Lawyer Free Consultation

If you’re not sure whether or not you want an annulment or a legal separation in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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Does Utah Recognize Legal Separation?

Does Utah Recognize Legal Separation

Yes, Utah does recognize legal separation. A legal separation in Utah is sometimes called separate maintenance – a court will detail the monetary support guidelines and child custody issues and the division of marital property. Couples hoping for reconciliation may prefer this form of separation to divorce. Utah requires married couples with children under the age of 18 to attend classes to educate themselves on divorce, and couples with no children must still undergo a 90-day waiting period. Moreover, married couples filing for divorce must also attend a mediation session to resolve remaining disputes before going to trial. Filing for legal separation circumvents the class requirements and the 90-day waiting period.

Parties are legally separated only when a court enters a decree of separate maintenance. To obtain a decree of separate maintenance in Utah, the parties go through an action like a divorce. Separate maintenance divides property, awards custody of children, and provides for child support and alimony, but does so on a temporary basis; the decree of separate maintenance does not end the marriage. Alimony under separate maintenance is more common than under a divorce decree because the parties are still married, and the law requires spouses to support one another.
Once the separation occurs, the separated couple may file for a divorce, which is independent of the legal separation. Court and attorney fees for legal separation and divorce are equal, but couples seeking a divorce after a separation will end up paying the same amount twice. Couples seeking legal separation must resolve issues similar to that of divorce, including child custody and visitation, dividing up property and child support, and paying debts.

Separation Agreement

A separation agreement is a legal binding contract signed by spouses, which is intended to resolve property, debt and child related issues. This can be a very complex and detailed document depending upon the unique situation of the marriage. Many spouses consult an attorney to provide this or they decide to prepare their own.

Couples can obtain a legal separation on a few different grounds, which include one party having deserted or left the other without reason or, although able, neglects or refuses to provide for the other spouse. One can also seek legal separation when the other is imprisoned for a period exceeding one year, preventing that incarcerated party from providing for the spouse. Additionally, legal separation is obtainable when spouses live separately but claim no grievance.

Twenty one days after the paperwork petitioning the court for a legal separation has been filed, the respondent receives a summons to appear in court. In court, the petitioner explains the grounds for the separation, and the judge generally grants a decree of legal separation.
Sometimes, no matter how hard you try, marriages fail. We’ve all heard of divorce, which is the process couple use to end their marriage legally. Divorce begins when one spouse files a motion (request) with the court. Typically, couples can negotiate the terms for their divorce, including child custody and visitation, child support, property division, and spousal support.

If you’ve agreed to most of the conditions, but still have disputes about others, you can ask the court to decide for you. Once the judge finalizes your divorce, both you and your spouse are free to remarry, acquire property, and relocate as single people. The process for legal separation in many states is nearly identical to divorce, but there’s one critical difference: legal separation doesn’t terminate your marriage. Although you (or the judge) decide the same divorce-related issues, and once the judge grants your request you’re both free to live independent lives, if either spouse wants to remarry in the future, that spouse must ask the court for a formal divorce, first. Both legal procedures are similar in cost and time commitment; however, if you pursue legal separation before a divorce, you’ll likely be paying twice. Much like the decision to get married, the choice of whether to pursue a legal separation or divorce is intensely personal. If you’re not sure if you want a divorce, legal separation might be the most appropriate way to give you time apart while you try to repair the relationship.

Many couples decide to legally separate to continue employer-sponsored health care for a spouse. If you get divorced, it will likely trigger your health insurance to cancel your spouse’s benefits, and in a country where one medical emergency can bankrupt a family, sometimes it’s easier to stay married.

Although there’s no right or wrong reason to pursue legal separation instead of divorce, some of the most common include using separation:

• as a dry-run for divorce
• to preserve valuable tax benefits or other federal benefits
• to promote stability for minor children while given each spouse freedom to move away from the relationship, or
• to overcome religious, social, or moral objections to divorce.
Law requires the judge to wait for a minimum of 30 days before acting on your case. The court may waive the waiting period if a judge finds that there are extraordinary circumstances, but this is rare. If you have minor children, you must attend divorce orientation and divorce education classes before the judge can grant your request. Most couples can fulfill this requirement during the waiting period. If you don’t have minor children, you can use the waiting period to negotiate the terms of your separation. You should determine the best parenting plan for your family, how you will handle property and debt division, and resolve any issues about child or spousal support. If either spouse wishes to convert the separation into divorce later, that spouse can file a motion with the court. Your spouse can object, and if so, you’ll need to go to court and demonstrate that you meet the guidelines for divorce. If you do, the court will approve your request.

You can participate in a trial separation, which is where you live apart for a specific time and reassess your marriage. Most couples can orally agree to the terms of the trial, and it’s usually the best way to find out if separation or divorce is right for you. The court doesn’t monitor trial separations, so if either spouse doesn’t want to participate, that spouse can file a formal petition with the court for separate maintenance or divorce.

In Utah, an action may be filed by a husband or wife for legal separation, also called separate maintenance. This action is much like a divorce, but does not seek to sever the marriage. In other words, if a couple does not want to divorce at this time, but wants to live apart, the husband or wife may file an action for separate maintenance to determine custody of children, support, property and debt division, etc. One of the main benefits of a separate maintenance action is that it allows a separating couple to define their rights and responsibilities regarding their children and property while they work through the issues that led to their separation. Two unique aspects of a separate maintenance action is that either party may seek an order restraining the other from disposing of or wasting marital property. Also, a separate maintenance action may be converted to a divorce action if either party desires to sever the marriage after the separate maintenance action has begun.

A separate maintenance action allows the family court to resolve all the issues that could be resolved in a divorce action except for granting a divorce. Thus, the family court can decide child custody, visitation and support for the parties’ children, equitably divide the marital property, and set or deny alimony. Issues that are resolved in a final order of separate maintenance, whether by court-approved agreement or through trial, are considered final and either cannot be modified or can only be modified upon a showing of a substantial change of circumstances. If a spouse develops a ground for divorce while the separate maintenance action is pending, that spouse may file a supplemental pleading to seek a divorce. If the separate maintenance action is resolved without a divorce being granted, a spouse may later file an action for divorce once he or she has a ground for divorce. While any divorce experience or separation can be overwhelming, having a Divorce Attorney on your side will go a long way in making the situation more manageable. It does not matter what the grounds for your divorce are or whether it is contested or uncontested, it essential that you have competent representation to advocate for your rights. Legal separation, also called Separate Maintenance in Utah allows a couple to take advantage of the elements of a traditional divorce but without violating religious beliefs against divorce. A decree of Separate Maintenance has the same effect as a divorce, including child and spousal support issues, custody, visitation, and property distribution. The terms of Separate Maintenance are binding. However, the most significant difference is that Separate Maintenance does not end a marriage. Since the spouses will remain legally married after a judgment of legal separation, they can remain on the other spouse’s health insurance policy, if necessary, and they cannot remarry.

Legal Separation In Utah

Separate Maintenance is available in Utah under the following conditions:
• One spouse deserted the other with no good cause;
• One spouse is able to support the other but does not;
• Through no fault of the requesting spouse, the spouses are living apart;
• One spouse is in prison for one year or more and has made no provision for the other; or
• One spouse is a resident of Utah, and has property in Utah, but does not support the other spouse.

In order to request legal separation, or separate maintenance in Utah, the spouse filing for legal separation, also called the Petitioner, must go to Utah’s Online Court Assistance Program. The program will prompt the Petitioner to fill out all the information needed for the forms. Once the Petitioner has entered all of the information, the forms will be created by the program. In Utah, the Petitioner must take the following steps:

After the Petitioner has printed all of the forms, they must file them with the court in the county where either spouse lives. The Petitioner also has the option of filing the forms by mail. To determine where to mail the forms, the Petitioner can go to the Utah Court directory. If the Petitioner files by mail, the Petitioner is responsible for any forms that do not arrive. A document is not filed until it is actually received by the court. The Petitioner must pay the filing fee. The cost to file for legal separation in Utah is $310. If the Petitioner cannot afford the filing fee, the Petitioner can fill out and file the following forms along with the legal separation paperwork: Motion to Waive Fees; and an Affidavit Supporting Motion to Waive Fees. The Petitioner must serve the documents on the Respondent within 120 days of when the Petitioner filed the forms.

There are a few ways the Respondent can be served in Utah:
Acceptance of service: If the Respondent agrees to accept service, the Petitioner can hand deliver the documents to the Respondent. Alternately, the documents can be mailed or emailed to the Respondent. The Petitioner must ask Respondent to sign and date an Acceptance of Service. The Acceptance of Service must be filed with the court.

Personal Service: Any person, 18 or older, who is not a party to the proceeding, can serve the Respondent. The person serving the Respondent must not have been convicted of a felony violation of a sex offense, and must not be the Respondent in a protective order proceeding. If the Respondent cannot be located for personal service, the person serving the documents may leave them with an adult who lives in the Respondent’s home. The adult who served the Respondent must complete Proof of Service. The Proof of Service must be filed with the court.

Sheriff’s Office: The Sheriff’s office in the county where the Respondent lives or works can serve the paperwork on the Respondent. They will complete the Proof of Service form and return the form to the Petitioner after the Respondent has been served. The Petitioner must submit the Proof of Service to the court. There is a fee for this service.

Service by Mail: The Petitioner may serve the Respondent through mail or delivery services such as UPS or FedEx. The Petitioner must mail the documents registered or certified mail with return receipt, and the Respondent must sign for delivery. If anyone other than the Respondent signed for delivery, the papers will not be considered served. The Petitioner is required to complete a Certificate of Service, and attach proof that the Respondent signed for the delivery. The Certificate of Service and proof must be submitted to the court.

Acceptance of Service, Appearance, Consent and Waiver: If the Respondent agrees with everything in the Petition for Legal Separation, the Petitioner can ask the Respondent to sign the Acceptance of Service, Appearance, Consent and Waiver. This form will be created through the Online Court Assistance Program. By signing this form, the Respondent is stating that they received a copy of the Petition and Summons, they read and understood the Petition, and they agree completely with everything requested in the Petition. This form must be signed in front of a notary, or the clerk of court. The Petitioner is required to file the form with the clerk of court.
The Respondent has 21 days (30 if they reside outside of Utah) to file an Answer. Once the Respondent files an Answer, both parties must complete a Financial Declaration form. The Petitioner has 14 days from the time the Respondent files an Answer to send their spouse the Financial Declaration. The Petitioner must submit a Certificate of Service of Financial Declaration to the court as proof that the Respondent has received the Financial Declaration.

If the Respondent files an Answer that disagrees with any issues raised in the Complaint, the parties will be ordered to attend mediation. Parties ordered to attend mediation must attend at least one session of mediation, and attempt to resolve their disputes. The parties are responsible for locating and paying a mediator who is qualified. The parties can use the Utah Courts Mediation website to help them locate an approved mediator, unless otherwise ordered, the parties will split the cost of mediation. In Utah, if the parties cannot reach an agreement on contested issues, the court will schedule a pretrial conference to make a final attempt to settle issues. If the issues cannot be settled, the court will schedule which issues will go to trial. If the parties can agree during mediation or the pretrial conference on issues like property division and spousal support, they can go to a final hearing, where a judge will sign off on the legal separation. If there is no agreement, the case will proceed to trial. After trial, the judge will make a decision in the case. The party requesting the legal separation is the Petitioner, and the other party is the Respondent. If you live in the state of Utah and are considering a divorce, you should know there are two other options, annulment and legal separation.

Legal Separation Lawyer Free Consultation

When you need to get a legal separation in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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What Are The Grounds For Legal Separation In Utah?

What Are The Grounds For Legal Separation In Utah

A lawful partition in Utah is designated “separate upkeep – a court will detail the financial help rules and youngster care issues and the division of conjugal property. Couples seeking after a compromise may lean toward this type of partition to separate.

Utah requires wedded couples with kids younger than 18 to go to classes to instruct themselves on separation, and couples without any kids should in any case experience a 90-day holding up period. In addition, wedded couples petitioning for legal separation should likewise go to an intervention session to determine remaining questions before going to preliminary. Petitioning for lawful partition goes around the class prerequisites and the 90-day holding up period.
Gatherings are legitimately isolated just when a court enters a pronouncement of independent support. To get a declaration of discrete support in Utah, the gatherings experience an activity like a separation. Separate upkeep partitions property, grants guardianship of kids, and accommodates youngster backing and divorce settlement, however does as such on a brief premise; the declaration of discrete support doesn’t end the marriage. Provision under discrete upkeep is more typical than under a separation order on the grounds that the gatherings are as yet hitched, and the law expects life partners to help each other.
When the partition happens, the isolated couple may petition for a separation, which is free of the lawful division. Court and lawyer expenses for legitimate partition and separation are equivalent, however couples looking for a separation after a detachment will wind up paying a similar sum twice. Couples looking for lawful partition must determination issues like that of separation, including youngster guardianship and appearance, splitting property and kid support, and paying obligations.
Utah Divorce Basics
Separation in Utah is alluded to as Disintegration of Marriage and is led as a common activity, with one gathering, the Applicant, documenting a Request for separation, and the other party being named as a Respondent.

To seek legal separation in Utah, either life partner must be a true blue occupant of the state and more likely than not lived in the province of petitioning for the three months quickly going before initiation of the activity.

The Appeal might be documented in the locale court of the district where either life partner lives. On the off chance that the Solicitor is an individual from the military of the U.S. who are not legitimate occupants of this state, he/she may petition for legal separation on the off chance that he has been positioned in the state for the three months quickly going before the beginning of the activity.
No conference for declaration of separation may by and large be held until 90 days have slipped by from the recording of the objection, gave the court may make break arranges that are simply and impartial. The 90-day time frame will not make a difference, in any case, regardless where the two gatherings have finished the obligatory training course for separating from guardians.

In spite of the fact that there are no statutory arrangements for the reclamation of a life partner’s name while separating, either companion may demand that his/her previous name be reestablished on the Appeal and the judge will respect the solicitation.Legal Grounds for Divorce
The court may decree a dissolution of marriage for any of the following grounds:

1. Impotency of the Respondent at the time of the marriage;
2. Adultery committed by the Respondent after entering into the marriage;
3. Willful desertion of the Petitioner by the Respondent for more than one year;
4. Willful neglect of the Respondent to provide for the Petitioner the common necessities of life;
5. Habitual drunkenness of the Respondent;
6. Conviction of the Respondent for a felony;
7. Cruel treatment of the Petitioner by the Respondent to the extent of causing bodily injury or great mental distress to the Petitioner;
8. Irreconcilable differences of the marriage;
9. Incurable insanity; or
10. The spouses have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.

To grant a divorce on the ground of insanity, the Respondent must have been adjudged insane by the appropriate authorities of Utah or another state prior to the commencement of the action and the court must find by the testimony of competent witnesses that the Respondent’s insanity is incurable.
Annulment
The following are prohibited and void marriages and they may be annulled for these causes:
• Marriages between parents and children;
• Marriages between ancestors and descendants of every degree;
• Marriages between brothers and sisters (half or whole);
• Marriages between uncles and nieces or aunts and nephews;
• Marriages between first cousins (unless both parties are 65 years of age or older, or if both parties are 55 years of age or older, upon a finding by the court that either party is unable to reproduce);
• Marriages between any persons related to each other within and not including fifth degree of consanguinity;
• When there is a husband or wife living, from whom the person marrying has not been divorced;
• Either party is at least 16, but under 18 years of age and has not obtained parental consent;
• Either party is under 16 years of age at the time the parties attempt to enter into the marriage, unless the party is 15 years of age and has obtained judicial consent;
• Marriage between persons of the same sex; and
• Re-marriage to a different spouse before the divorce decree becomes absolute, or in the case of an appeal, before the affirmance of the decree.
When there is doubt regarding the validity of a marriage, either party may demand its avoidance or affirmance in a court where either party is domiciled. However, when one of the parties was under the age of consent at the time of the marriage, the other party of proper age may not have cause against the party under age. The court shall either declare the marriage valid or annulled.
A marriage may also be annulled for any of the annulment grounds existing at common law.
Property Division
In all disintegration and separate support activities, the court and judge have purview over the circulation of property. Utah is a fair appropriation state. Thusly, conjugal property will be dispersed reasonably and fairly.
The court will incorporate the accompanying in each declaration of separation:

•An request determining which gathering is in charge of the installment of joint obligations, commitments, or liabilities of the gatherings contracted or caused during marriage;
•An request requiring the gatherings to advise individual banks or obliges, in regards to the court’s division of obligations, commitments, or liabilities and with respect to the gatherings’ different current locations;
•Provisions for the implementation of these requests; and
•Provisions for money retaining.
At the point when a marriage of long span breaks down on the edge of a noteworthy change in the salary of one of the mates because of the aggregate endeavors of both, that change will be considered in partitioning the conjugal property. On the off chance that one life partner’s gaining limit has been enormously upgraded through the endeavors of the two companions during the marriage, the court may make a remunerating modification in partitioning the conjugal property.
Alimony and Support
In all dissolution and separate maintenance actions, the court and judge have jurisdiction over the payment of alimony.

When determining alimony, the court shall consider, at a minimum, the following factors:
• The financial condition and needs of the requesting spouse;
• The requesting spouse’s earning capacity or ability to produce income;
• The ability of the paying spouse to provide support;
• The length of the marriage;
• Whether the requesting spouse has custody of minor children requiring support;
• Whether the requesting spouse worked in a business owned or operated by the paying spouse; and
• Whether the requesting spouse directly contributed to any increase in the paying spouse’s skill by paying for education received by the paying spouse or allowing the paying spouse to attend school during the marriage.
The court may consider the fault of the parties when making its determination regarding alimony. When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, that change shall be considered in determining the amount of alimony. If one spouse’s earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court may make a compensating adjustment in awarding alimony.

In determining alimony when a marriage of short duration dissolves, and no children have been conceived or born during the marriage, the court may consider restoring each party to the condition which existed at the time of the marriage.
Alimony may not be ordered for a duration longer than the number of years that the marriage existed unless, at any time prior to termination of alimony, the court finds extenuating circumstances that justify the payment of alimony for a longer period of time.
Unless otherwise stated in the divorce decree, any order for payment of alimony to a former spouse automatically ends upon the remarriage or death of that former spouse, unless the remarriage is annulled and found to be void. In that case, alimony shall resume, provided that the paying spouse was made a party to the action of annulment and his/her rights have been determined.

Any order for payment of alimony to a former spouse terminates upon establishment by the paying party that the former spouse is cohabitating with another person.
Kid Authority and Backing
In all disintegration and separate support activities, the court and judge have locale over the care and upkeep of minor kids.
Authority:
The court will think about joint authority for each situation, however may grant any type of guardianship which is resolved to be to the greatest advantage of the kid. On the off chance that the court finds that one parent doesn’t want guardianship of the youngster, it will mull over that proof in deciding if to grant authority to the next parent.
In deciding if the wellbeing of a youngster will be served by requesting joint lawful or physical guardianship, the court will think about the accompanying components:
•Whether the physical, mental and enthusiastic needs and advancement of the kid will profit by joint legitimate or physical care;
•The capacity of the guardians to give first need to the welfare of the kid and arrive at shared choices in the youngster’s wellbeing;
•Whether each parent is fit for empowering and tolerating a positive connection between the youngster and the other parent, including the sharing of adoration, love and contact between he kid and the other parent;
•Whether the two guardians took an interest in bringing up the youngster before the separation;
•The topographical vicinity of the homes of the guardians;
•The inclination of the kid if the youngster is of adequate age and ability to reason in order to shape a shrewd inclination as to joint lawful or physical care;
•The development of the guardians and their readiness and capacity to shield the youngster from struggle that may emerge between the guardians;
•The over a significant time span capacity of the guardians to collaborate with one another and settle on choices mutually;
•Any history of, or potential for, kid misuse, companion misuse, or seizing; and some other variables the court finds pertinent.

When deciding any type of care, notwithstanding the previously mentioned criteria, the court will think about the eventual benefits of the youngster, the accompanying variables, and any others the court finds significant:
•The past direct and exhibited moral benchmarks of every one of the gatherings;
•Which parent is well on the way to act to the greatest advantage of the youngster, including permitting the kid regular and proceeding with contact with the non-custodial parent; and
•The degree of holding between the parent and youngster, which means the profundity, quality, and nature of the connection between a parent and kid.
The court may ask of the youngsters and think about the kids’ wants with respect to future care or parent-time plans yet the communicated wants are not controlling and the court may decide the kids’ authority or parent-time generally. The wants of a kid 16 years old or more seasoned will be given included weight, however isn’the single controlling component.
Courses for Guardians of Minor Kids:
On the off chance that the Applicant and the Respondent have a kid or kids, an announcement of separation for the most part may not be conceded until the two gatherings have gone to the obligatory instructive course for separating from guardians. This course is intended to instruct and sharpen separating from gatherings to their kids’ needs both during and after the separation procedure.
The course will train the two gatherings about the accompanying:
•The effects of separation on the child(ren)
•The effects of separation on the family relationship
•The guardians’ money related duties regarding the child(ren)
•That aggressive behavior at home harmfully affects youngsters and family connections.
This prerequisite might be postponed if the court decides course participation and fruition are a bit much, suitable, achievable, or to the greatest advantage of the gatherings.
There is additionally a compulsory separation direction course for all gatherings with minor kids who record an Appeal for Brief Division or for a Separation. The motivation behind the course is to instruct parties about the separation procedure and sensible options.
A Solicitor will go to a separation direction course close to 60 days in the wake of recording an Appeal for Separation. A Respondent will go to close to 30 days in the wake of being presented with the Appeal. The separation direction course will be impartial, fair-minded, in any event one hour in length and incorporate the accompanying:
•Options accessible as choices to separate;
•Resources accessible from courts and managerial organizations for settling authority and bolster issues without petitioning for legal separation;
•Resources accessible to improve or fortify the marriage;
•A discourse of the positive and negative outcomes of separation;
•A talk of the procedure of separation;
•Options accessible for continuing with a separation, including intervention, community oriented law and case; and
•A talk of post-separate from assets.
Backing:
The court will incorporate the accompanying in each declaration of separation:
•An request allotting duty regarding the installment of sensible and vital therapeutic and dental costs of the needy youngsters including obligation regarding medical coverage out-of-pocket costs, for example, co-installments, co-protection, and deductibles;
•If inclusion is or ends up accessible at a sensible cost, a request requiring the buy and support of proper wellbeing, emergency clinic, and dental consideration protection for the needy youngster and an assignment of which wellbeing, medical clinic or dental protection plan is essential and which wellbeing, emergency clinic, or dental protection plan is optional;
•Provisions for the implementation of these requests; and
•Provisions for money retaining.
In a request deciding youngster support, the court may incorporate a request doling out budgetary obligation regarding all or a bit of kid care costs acquired for the benefit of the needy kids, required in view of the work or preparing of the custodial parent.
In the event that the court discovers that the conditions are proper and that the needy youngsters would be satisfactorily thought about, it might incorporate a request permitting the non-custodial parent to give kid care to the reliant kids, required on account of the business or preparing of the custodial parent.
Utah utilizes the Pay Offers Model to ascertain kid bolster commitments. The kid bolster commitment table uses the consolidated balanced gross salaries of the two guardians and the quantity of youngsters for whom backing is to be requested. The kind of authority game plan requested (split, sole, or joint physical) is likewise Considered.
Legal Separation and Separate Maintenance
A Petitioner may file an action for a temporary separation order without filing a Petition for Divorce, by filing a Petition for Temporary Separation and a Motion for Temporary Orders if the spouses are lawfully married and both have been residents of the state for at least 90 days prior to the date of filing.

The temporary orders are valid for one year from the date of the hearing, or until either a Petition for Divorce is filed and consolidated with the temporary separation Petition, or the case is dismissed.

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Never use a “do it yourself (without a lawyer)” solution for any divorce (with or without children) that will be filed in the state of Utah. Doing this can be a huge mistake. An uncontested Utah divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court. You should still have a lawyer do it.
With you can complete and print your Utah divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in Utah in a timely, professional, and hassle free fashion.

In a legal separation, the parties live separately, but remain spouses legally married to one another. The couple’s rights and duties to one another are set forth in a Decree of Legal Separation, which covers such matters as custody and child support, spousal support, division of property and payment of debts. In Utah, this is referred to as separate maintenance.

The grounds for legal separation are as follows:

1. A party who has sufficient ability to provide support, neglects or refuses to properly provide for and suitably maintain his/her spouse;
2. A party deserts his/her spouse without good and sufficient cause;
3. A party who has property in the state and his/her spouse is a resident of the state, deserts or neglects or refuses to provide support; or
4. A party, without fault, lives separate and apart from his/her spouse.

If a married resident of Utah files a Complaint for Separate Maintenance, the district court may allot, assign, set apart and decree as alimony the use of the real and personal estate or earnings of a deserting spouse as the court may determine appropriate.

Practice and proceeding for actions for separate maintenance shall be the same as near as may be as in actions for divorce; but the action may be brought in any county where the wife or husband may be found.

In all actions for separate maintenance, the court may order the following by order or decree:

• Provide for the care, custody, and maintenance of the minor children of the parties and determine with which of the parties the children or any of them shall remain;
• Provide for support of either spouse and the support of the minor children living with that spouse;
• Provide how and when support payments shall be made, and provide that either spouse have a lien upon the property of the other to secure payment of the support or maintenance obligations;
• Award to either spouse the possession of any real or personal property of the other spouse, or acquired by the spouses during marriage;
• Specify which party is responsible for the payment of joint debts, obligations, or liabilities contracted or incurred by the parties during the marriage;
• Require the parties to notify respective creditors or obliges regarding the court’s division of debts, obligations, and liabilities and regarding the parties’ separate, current addresses; and
• Provide for the enforcement of these orders.

Utah Legal Separation Lawyer Free Consuultation

When you need to get a legal separation in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
itemprop=”addressLocality”>West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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