Legal Separation
Parties may prefer to file for legal separation, rather than for divorce. A legal separation in Utah is most common when (1) the parties hope that their marriage can be reconciled; or (2) one party wants to maintain coverage under the spouse’s health insurance.
Separate maintenance proceedings are the same as those in a divorce. Similar to divorce, the court may enter an order concerning custody and support payments, as well as debt and property allotment. If a party fails to follow this order, the other party can bring an enforcement proceeding. The order can also be modified through the court.
Grounds for Separate Maintenance
You may petition for separate maintenance if your spouse is a resident of Utah and one or more of the following circumstances apply:
Your spouse deserted you without good cause.
Your spouse is able to support you but does not.
Through no fault of your own, you are living apart from your spouse.
Your spouse is in prison for one year or more and has made no provision for you.
You may also petition for separate maintenance if you are a resident of Utah and your spouse has property in Utah and does not support you.
Preparing for a Legal Separation
If you are considering a legal separation or have been served with a petition for legal separation, please call Millar Legal today at (801) 424-5280 and let us be your advocate through this process so you can avoid the pitfalls that can cause years of heartache and financial distress.