Utah Legal Separation and Utah Divorce: How Do they Compare?

Everyone knows what a Utah divorce is.

Divorce ends a marriage. After a divorce, you’ve split everything, and you’re done as a couple.

Not everyone knows what a Utah legal separation is.

A legal separation doesn’t end a marriage. Think of it as something that puts a marriage on hold temporarily.

A legal separation deals with all the same issues as a divorce: child custody, alimony, child support, what to do with the home, etc.

What is doesn’t do is deal with those issues permanently.

This is because a Utah legal separations only last 1 year. That means if you want the separation to last longer, you need to go back to the court and ask that it be extended.

FAQs

Here are a few questions people ask us when deciding on a divorce or legal separation:

What is the benefit of getting a legal separation?

Maybe you have hope you’ll get back together and you don’t want to end things just yet. Maybe you need to stay on your spouse’s insurance, and if you get divorced, the insurance company will kick you off the policy.

In those types of situations, it may make sense to stay married but live apart, which is what a Utah legal separation allows you to do.

Who files for legal separation?

Usually, those who file for legal separation are: (1) people whose culture doesn’t allow divorce, (2) people whose religion doesn’t allow divorce, (3) people who want to stay on their spouse’s insurance.

How often do people file for legal separation?

Almost never.

When people compare Utah legal separation with Utah divorce, and they realize the restriction on legal separation, they almost always choose to file for divorce.

Utah Legal Separation Law

If you would like to read the Utah law that governs legal separations (Utah Code, Section 30-3-4.5), here it is:

(1)

A petitioner may file an action for a temporary separation order without filing a petition for divorce by filing a petition for temporary separation and motion for temporary orders if:

(a)	the petitioner is lawfully married to the respondent; and

(b)	both parties are residents of the state for at least 90 days prior to the date of filing.

(2)

The temporary orders are valid for one year from the date of the hearing, or until one of the following occurs:

(a)	a petition for divorce is filed and consolidated with the petition for temporary separation; or

(b)	the case is dismissed.

(3)	If a petition for divorce is filed and consolidated with the petition for temporary separation, orders entered in the temporary separation shall continue in the consolidated case.

(4)	Both parties shall attend the divorce orientation course described in Section 30-3-11.4 within 60 days of the filing of the petition, for petitioner, and within 45 days of being served, for respondent.

(5)	Service shall be made upon respondent, together with a 20-day summons, in accordance with the rules of civil procedure.

(6)	The fee for filing the petition for temporary separation orders is $35. If either party files a petition for divorce within one year from the date of filing the petition for temporary separation, the separation filing fee shall be credited towards the filing fee for the divorce.

Call Brown Family Law

If you find yourself facing a Utah divorce, please call 801.685.9999 for a legal in-person consultation, or use our online scheduling tool.

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Bill C

Carren and Jason were very helpful and quick to respond to my questions and concerns as we worked through my divorce, I would recommend them to anyone.

Response from the owner: Thank you, Bill.

James Herrera

I cannot say enough good things about Brown Family Law. Amy was my attorney and she was great! She always listened and responded quickly. Thanks to her, my case was resolved quickly. Thank you, Amy.

Response from the owner: Glad Amy communicated so well with you, James.

Jace Morris

Fast and kept me involved. Very professional team.

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Shaun Jorgensen

Best attorney ever. They were so helpful and responsive

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Christie Berube

When I started my case with Brown Family Law, they had 650 positive reviews. Now, about a year later, they have 820. Not sure how much else you need to convince you, but do yourself a favor and stop looking. You're in the right place.We worked with Nathaniel for nearly a year on our case, and trusting someone with something so vulnerable and close to you as a custody case is difficult, but he made it easy. His knowledge of law and experience with the court system allowed us to make educated decisions quicker. He helped me feel confident in very unfamiliar territory, and having someone like Nate on my team allowed me to make the best decisions possible for our family. He thought of many things I didn't, and gave us the roadmap to success for navigating a complicated and stressful situation. I found myself constantly bragging about our lawyer to family and expressing how impressed I was in his skill and his fearless nature of getting sh** done. Nate got that dawg in him, yanno what I mean?I like the way Brown Family Law works with their clients; it's different than other law firms, and I can see the benefits of those differences. It's always easy to contact someone at the office, and I get a response very quickly. They are extremely communicative, fast, and thorough. They run a tight ship, and it's obvious the quality differences from other law firms.This is a big and heavy decision, but Brown Family Law will take a lot of that weight off your shoulders. Ask for Nate--you won't be led astray.

Response from the owner: Christie, thank you. So glad Nathaniel was able to help you and that we were able to communicate with you so quickly.

Fer Esquivel Guillén

This firm is awesome but special shoutout to Dani, she is an outstanding paralegal. She is very knowledgeable

Response from the owner: Thank you very much for your kind words about Dani.

Karl Bench

I can't say enough about Russell Yauney at Brown Family Law! He has helped me on multiple cases over the years and has always exceeded my expectations. Russell is one of the good guys who isn't afraid to tell you how it is and isn't afraid to stand up and fight for what is right. I'm glad that I have Russell and his team in my corner!

Response from the owner: Karl, glad Russell served you well.

Ryan Farrell

very helpful to fathers who have been broke by the system and targeted for vaporization(1984). Thank you brown family law.

Response from the owner: You're welcome, Ryan. And thank you for the kind words.

Samantha Lachowsky

Nathaniel was my attorney and I couldn't ask for someone more attentive and level-headed than he is. They made my divorce process so much easier and were very patient with me as I navigated the entire process. Thank you Brown Family Law for all of your help!

Response from the owner: Samantha, thank you and so glad Nathaniel did such a good job for you.

Danny Fenstermaker

Used Nathaniel Garrabrandt for a child custody case. He is very good, very professional and available. Having been through this a few times that communication is very important. The only warning, and this isnt just Nate per se, but very very costly.

Response from the owner: Danny, thank you for recommendation. Glad Nathaniel has been able to help you.

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Utah Legal Separation and Utah Divorce: How Do they Compare?

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