Many people assume that once spouses are legally separated, they are free to move on and remarry. In Utah, however, that is not how the law works.
A legal separation allows spouses to live apart and resolve many of the same issues addressed in a divorce, but the marriage itself still legally exists. For that reason, you cannot remarry if you’re legally separated in Utah.
Understanding how legal separation works can help prevent confusion about your rights and responsibilities during this stage of a marriage. If you have questions about separation or divorce in Utah, you can speak with a legal separation lawyer in Salt Lake City at Brown Family Law today.
Legal Separation Does Not End the Marriage
In Utah, legal separation is handled through a court process called separate maintenance. This process allows the court to address many of the practical issues that arise when spouses live apart, including:
- Child custody and parent time
- Child support
- Spousal support
- Responsibility for bills and debts
- Use of the marital home
Even though these issues are resolved, the spouses remain legally married. Because the marriage is still legally in place, neither spouse can marry someone else during a legal separation.
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Why You Cannot Remarry if You’re Legally Separated in Utah
Marriage is a legal status. Until the court formally dissolves the marriage through a divorce decree, the spouses remain legally married under Utah law. Entering into a new marriage while still legally married could create serious legal problems. For example, the second marriage could be considered invalid.
For this reason, you cannot remarry if you’re legally separated in Utah. Instead, your divorce must be finalized with the courts.
If you need to proceed with a divorce so that you can remarry, our Salt Lake City divorce lawyers at Brown Family Law can guide you calmly and skillfully through every step of that process.
A Calmer, Clearer Way Through Divorce
Legal Separation Is Sometimes Used as a Temporary Step
Some couples choose legal separation because they are not ready to make a final decision about divorce.
Legal separation can provide time for spouses to:
- Evaluate the future of the relationship
- Establish financial and parenting arrangements, such as child custody and parent-time
- Address personal or family concerns
During this time, the court’s orders provide structure while the spouses live separately. If the couple later decides to move forward with divorce, the separation case may transition into a divorce proceeding.
Divorce Is Required Before Remarrying
If you want the legal ability to remarry, the marriage must first be formally dissolved through divorce. A divorce ends the legal relationship between spouses and resolves issues such as:
- Property division
- Custody arrangements
- Child support
- Spousal support
Once the court issues a final divorce decree, each person is legally free to remarry.
Legal Separation May Still Provide Important Benefits
Although legal separation does not allow remarriage, it can still serve important purposes for some couples.
For example, couples sometimes choose legal separation because of:
- Religious or personal beliefs about divorce
- Financial considerations, such as insurance coverage
- A desire to create distance without permanently ending the marriage
In these situations, legal separation provides structure while allowing the marriage to remain legally intact. But how do you choose between legal separation and divorce in Utah? At Brown Family Law, we can walk you through the benefits and drawbacks of each and help you come to the right decision for your family.
Converting Legal Separation to Divorce
If circumstances change, a legal separation does not prevent either spouse from later seeking a divorce. One spouse may file for divorce and ask the court to dissolve the marriage. In some cases, the arrangements established during the separation may influence the final divorce agreement.
Understanding how these processes work can help you decide which option makes the most sense for your situation.
Speak With a Utah Family Law Attorney
Legal separation and divorce can have very different legal consequences, especially when it comes to issues like remarriage.
If you are considering separation or wondering how it may affect your future plans, speaking with an experienced attorney can help clarify your options.
To schedule a consultation with a Utah divorce attorney, contact Brown Family Law. Family law is all we do, and we will use our focused skill and experience to help you move forward with divorce or remarrying after legal separation in Utah.
