In Salt Lake City and the rest of Utah legal separation is referred to as separate maintenance. It is when a court will determine monetary support and child custody while dividing marital property. Separations are for couples who hope for a reconciliation someday and do not want to finalize things with the prospect of divorce. Couples who have children are required to attend mediation sessions and those without children are asked to wait 90 days before filing. If you are filing for divorce you may also be required to attend mediation unless you have already been legally separated. Finding the best option can be difficult and it is necessary to consult with a Salt Lake City legal separation attorney.
Couples are not legally separated until a decree of separate maintenance has been entered by the court. The process involves dividing assets, establishing child custody, and determining support for the child and spouse if applicable. However, these are all for a temporary amount of time since the decree does not fully end the marriage. Alimony is also more easily awarded since couples are supposed to support each other. A separation agreement is decided upon both spouses and is often accomplished with the help of a Salt Lake City legal separation attorney. There are several situations where separation becomes an option like one spouse going to jail for over a year and being unable to support the other spouse or both spouses living separately with no grievances. The couple must have lived in Utah for a minimum of 90 days. A legal separation can be resolved quickly if both spouses are in agreement.
Divorce is similar to separate maintenance but it is a permanent solution. The marriage is completely over and everything is divided accordingly. The process can sometimes draw out forever especially when the two parties disagree. If the couple decides to first be legally separated before filing for divorce this can sometimes speed up the divorce proceedings since there were already some standards set. However, even in these circumstances, couples may disagree, and simply transferring over their separation agreement does not suffice. For other couples, the separate maintenance decree helps when they both realize a reconciliation is not in the future and it is better to just finalize things. Every case is unique and will have its own challenges which are why it is imperative to consult with a Salt Lake City legal separation attorney.
With the guidance and expertise of a Salt Lake City legal separation attorney, you will be able to come to a successful agreement amongst both parties or the best possible agreement. Once scheduling an initial consultation we will be able to determine the best course of action whether it be a divorce or legal separation. Once the decided course of action is established the next step is to begin the filing process then go through mediation and come to a conclusion. From the moment you have your initial legal consultation and become a client we will begin fighting for your rights.