Often, despite the good intentions and effort, marriages can fail. It may seem like the end of the road, but there are couples, who still hope for reconciliation in the future. For them, legal separation could be an option. As the name suggests, legal separation is when the couple has parted, but that doesn’t mean the termination of marriage. The spouses cannot remarry after legal separation. An absolute divorce, on the other hand, is the actual end of a marriage, and separated spouses can remarry. If you are unsure of the right choice, talk to a Salt Lake City divorce lawyer, to know more on how your decision can impact your marital status and life ahead. Here is an overview of legal separation vs. divorce in Utah.
‘Should I consider legal separation instead of divorce?’
There are many reasons why couples may consider legal separation instead of an absolute divorce. For instance, if the couple has hope to reconcile, or want to continue getting the benefits of employer-sponsored health care, legal separation could be a better choice. For tax and other federal benefits, legal separation can be considered. There are many couples, who avoid a divorce, because they want to be together for the sake of their minor kids and family.
Coming to the question, your choice depends on why you are considering legal separation in the first place. Try answering the basic question in this context – Why do you want to avoid a divorce? If you have an answer, legal separation may work for you.
Can people file for legal separation in Utah?
Yes, legal separation is known as separate maintenance in Utah. Either of the spouses can file a petition for the same, as long as they fulfill the residency requirements. To file for either legal separation or divorce, either of the spouses must have lived in Utah for at least 90 days before filing. Just like you would need to have a ground for divorce, you must cite a reason for legal separation too. Besides fault-based grounds such as adultery and willful desertion, you can also file for no-fault separation.
If you file for no-fault separation, or separate maintenance, there is a wait time of 30 days, but can be waived in limited circumstances. For couples with minor children, divorce education classes are mandatory in Utah. There is also the option of filing for trial separation, before you go for legal separation. Talk to a lawyer to know more.
