Legal Separation in Utah
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Legal separation in Utah is also known as separate maintenance or temporary separation order. The option of reconciliation always remains open for the legally separated couple. They remain legally married but lead separate lives. Legal separation is generally sought due to the religious, social or financial benefits. Couples who are legally married but separated can avail the tax exemptions, insurance coverage as well as other joint financial benefits. Besides, there is no social stigma related to being “legally separated” as well as religious affiliations do not approve of divorce; hence legal separation is preferred.
Grounds for Legal Separation in Utah:
The grounds for legal separation in Utah are similar to the grounds for divorce. However, these grounds are specified by the statute of Utah.
Let's have a detailed look at these grounds:
For a couple to obtain legal separation, it is necessary to file for “Temporary Separation Order” which grants the couple trial separation by sorting all the family issues such as alimony, childcare, guardianship, property division, debts division and all the issues related to family. It provides the necessary time and space to the couple apart from each other so that they can do a little soul-searching and reflect upon the consequences of their separation knowing that the important marital issues have been sorted out.
The residency requirement for filing for legal separation is 90 days before the date of filing. The only difference between a legal separation and a divorce is that the divorce severs all the ties whereas the couple remains legally married and cannot remarry once the separation is granted.
Separation agreement in Utah is also known as settlement agreement which puts on paper all the settlements the couple has reached upon mutually. It is advisable to take the help of a professional attorney while preparing a separation agreement as there are many intricacies which need to be addressed while making provisions for the adjustment of the marital issues.
Legal separation being similar to divorce, these provisions can be used as a blueprint for the divorce proceedings when the couple eventually decides to seek for it. The courts, thus, usually encourage the couple to come up with the provisions for their own good. Besides, the couple remains in control of their hard-earned property and make decisions accordingly.
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