You may consider legal separation as an alternative to divorce if you want to separate from a partner while retaining the protections of marriage. Depending on your circumstances, a legal separation can serve as a short- or long-term solution.
Our South Jordan legal separation lawyers at Brown Family Law can help you go through this legal process. We understand issues related to asset division, alimony, and custody, and we‘re ready to compassionately support you throughout the legal process.
We have over 150 years of combined legal experience that we can draw on to address your legal needs. Contact us now to learn more about how our South Jordan family lawyers can help.
Why Choose Our Legal Separation Lawyers in South Jordan, UT?
Our team believes in being proactive about solutions and can manage your case in a way that respects your and your family‘s privacy and reputation. More specifically, an attorney from our offices can:
- Negotiate and draft custody and support agreements
- File legal documents
- Represent you during hearings or mediation
- Provide procedural support and strategic advice
We believe that marital issues can be solved smartly and calmly, not loudly and chaotically. We can provide an objective and logical point of view to help you determine the right course of action in your family life.
Our family law attorneys in Salt Lake County can meet with you, discuss your specific concerns, and build a personalized strategy to help with your family’s legal concerns.
Get Clear Guidance for Your Divorce
We Can Explain What Legal Separation Is in Utah
Legal separation is a court–recognized arrangement that allows spouses to live separately while remaining legally married. It can serve as an alternative to divorce or a step some couples take before deciding whether to divorce. Separated couples live independently, but they remain married on paper and still have access to certain marital benefits.
A family law attorney from our team can tell you more about this process and the Utah laws that govern it.
A Calmer, Clearer Way Through Divorce
Types of Legal Separation in Utah
The court system in Utah offers two primary options for legal separation:
Separate Maintenance
Utah calls the formal process of legal separation “separate maintenance.” After going through this process, you’ll get a Decree for Separate Maintenance that will formalize the duties of each party. While this decree resembles a divorce decree, the marriage will remain intact.
Temporary Separation Order
Temporary separation orders may be issued during a pending divorce to address issues like custody, support, and property use while the case is ongoing. Like a Decree of Separate Maintenance, a temporary separation order can provide provisions for alimony, child support/custody, and asset division.
Reasons for Choosing Separation Over Divorce
Legal separation and divorce are two solutions to marital issues that have very different long-term consequences. Below are just a few reasons why spouses may choose separate maintenance instead of terminating the marriage contract:
Chance for Reconciliation
Since legal separation keeps the marriage legally intact, it’s much easier and more convenient if the spouses decide to reconcile later. Some couples may want to work on marital issues and enter a separation with the intention of reuniting after a certain period. Divorce would require the spouses to remarry if they reconcile.
Religious or Moral Reasons
Some individuals have religious beliefs that make them unwilling to go through the divorce process. Separation provides an alternative option that allows them to live independently without feeling personal distress tied to a moral or religious belief.
Financial or Practical Benefits
Separated couples retain the practical benefits that come from being married. For example, you can still use your spouse’s health insurance coverage while you’re separated, and you can file jointly on your taxes.
Our team can review your situation and work with you to determine if separation or divorce best serves your family’s interests.
Frequently Asked Questions About Legal Separation in Utah
Our legal separation attorneys in South Jordan can answer questions like:
What’s the Difference Between Divorce and Legal Separation?
Below are the key differences between divorce and separate maintenance from a legal standpoint:
- Status of Marriage: Most importantly, separate maintenance keeps your legal marriage intact. This is opposed to divorce, which completely dissolves the legal relationship between spouses.
- Status of Marital Benefits: Separated couples can still access marital benefits, including tax benefits and insurance coverage. These benefits do not remain in the event of a divorce.
Note that legal separations and divorces have some things in common. Both come with legally enforceable orders about issues like asset division, property division, spousal support, and child custody.
Who Can Petition for Separate Maintenance?
Recent changes to Utah law allow you to file for separate maintenance when your spouse lives apart from you through no fault of their own. These laws are an adjustment to past regulations that only allowed for separate maintenance based on issues like spousal desertion or abandonment.
What’s the Difference Between Temporary Separation and Separate Maintenance?
The key difference between temporary separation and separate maintenance is the length of the separation. Temporary orders typically remain in place until the court issues a final decision in the case. The only requirement for temporary separation is that the spouses are married and have lived in Utah for at least 90 days.
How much does it cost to hire a separation attorney?
The cost of hiring an attorney will vary based on the specifics of your situation. Our team can give you straightforward information about the costs of securing legal assistance from our firm when you reach out for a consultation.
Contact Our Team About Separation in South Jordan, UT
Regardless of whether your separation is mutual or one-sided, you need a lawyer who can represent your interests and protect your rights. The team at Brown Family Law has over 150 years of combined legal experience helping families navigate their legal issues.
With an exclusive focus on family law, we are uniquely equipped to provide you with guidance and support. Contact our offices online or call us today to schedule a consultation with a South Jordan legal separation attorney.
