Under Utah law, parties can file for a temporary separation as opposed to a divorce. Temporary separation allows the parties to separate while still obtaining temporary orders to their benefit. Issues such as alimony, child support, custody, property division, debts, can all be entered as temporary orders controlling during the separation. Parties seeking this type of action should understand that separation orders are considered temporary only and eventually the parties will need to make a decision as to whether or not their temporary separation will be converted to a divorce or whether the parties will reconcile.
The Process of Obtaining Temporary Separation Orders
Even if you and your spouse agree on your separation terms, you should still seek the assistance of an Ogden Utah Divorce Lawyer. Unlike an uncontested divorce in Utah, there is not an easy online system for parties to obtain temporary separation orders in Utah. The action is commenced by the filing of a petition which must include a few specific statutory terms. The case must then proceed to a judge’s final order either by agreement of the parties or by contested litigation. The process may sounds simple but unless you have experience in this area, you may find yourself caught up not knowing how to get it done. The Utah Court’s website suggests clients hire attorneys to file this action.
Potential Effect of Temporary Separation Orders
One thing to consider before pursuing a temporary separation order is the effect of putting in place a status quo. Let me explain this in a little more detail. Say for instance you decide your spouse will have primary custody of the children and temporary possession of the marital home while you are separated. Things later go badly and the separation turns into a divorce but you decide you no longer like the current arrangements. You may have an uphill battle to change the prior agreed terms. This is because the status quo is an important principle for the judges to consider. If the children are well adjusted to a particular custody arrangement that has been in place for some time during separation, it might be unlikely the judge will want to upset that. Thus, before you do anything make sure you consult with a member of our team to understand all the potential side effects of your decisions.
