Troubles in a marriage don’t always need to be met with divorce. Legal separation can serve as an alternative, temporary, or long-term solution that allows separated couples to retain protections from their marriage.
Similar to divorce, separation can involve court orders for custody, alimony, and asset division. A South Jordan family lawyer can be your legal advocate through the separation process and provide legal and moral support as you navigate life’s transitions.
Contact our offices today to speak to a legal separation lawyer in South Jordan.
Legal Separation 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 are still married on paper and have access to certain marital benefits.
In Utah, legal separation is typically handled through a process called separate maintenance. Courts may also issue temporary orders in divorce cases that function similarly to short-term separation arrangements.
Separate Maintenance
Separate maintenance is Utah’s name for the formal process of legal separation. A Decree for Separate Maintenance formalizes the duties of each party regarding marital issues, similar to a divorce decree. However, the marriage remains legally intact under separate maintenance.
In the past, petitioning for separate maintenance required legally acceptable grounds like spousal abandonment or desertion. However, recent changes in the law now allow married individuals to petition when their spouse lives separately through no fault of their own.
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 provides provisions for alimony, child support/custody, and asset divisions.
One 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.
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Divorce vs 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.
- Enforceable orders. Both separation and divorce create legally enforceable orders regarding child custody, alimony, and asset division.
- Retain marital benefits. Separated couples retain access to marital benefits, like health insurance coverage and tax benefits.
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Reasons for Choosing Legal 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 may have religious or moral reservations about divorce that make it an unacceptable course of action. Legal separation can provide independence without the social stigma or personal distress involved with divorce.
Financial or Practical Benefits
Marriage comes with several practical benefits, and separated couples can retain those benefits. For instance, separated individuals can still use their spouse’s health insurance coverage, and separated couples can still file jointly for taxes. Life circumstances may require prioritizing these benefits over the separation of divorce.
How a Family Law Attorney Can Help
Regardless of your reasons for pursuing separation, a South Jordan legal separation lawyer from Brown Family Law can assist. 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.
Contact a South Jordan Legal Separation Lawyer
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 lawyer.
