EMY A. Cordano, Attorney at Law
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Potential Benefits of Legal Separation in Utah

On behalf of Emy A. Cordano, posted in Legal Separation On Wednesday, September 21, 2022

Marriages can end for various reasons. Although it’s often best for two spouses to divorce one another when they are no longer happy in their marriage, many are understandably reluctant to officially decide their marriage is over.

In Utah, couples have other options to consider in these circumstances. For instance, instead of getting a divorce right away, spouses can enter into a legal separation, which is technically referred to as “separate maintenance” in our state.

A marriage remains official with this arrangement. Potential benefits it may offer include the following:

Reflection Time

Sometimes, the conflicts that result in couples getting divorced cannot be resolved in a marriage. However, that’s not always the case. There are instances when it’s possible for spouses to overcome the challenges they’re facing.

They may simply be unable to do so if they’re forced to spend all their time with one another. Both spouses might need some time apart to reflect before they can have productive discussions about these issues.

A legal separation offers this opportunity. After some time apart, both spouses might find they’re in a better place emotionally and mentally. This can facilitate effective talks about their differences.

On the other hand, maybe after spending time away from each other, two spouses realize to an even greater degree that they simply can’t make their marriage work. Although this might seem to be an unhappy outcome, it’s actually a somewhat positive one, as it will allow a couple to get a divorce with less stress regarding whether they’re making the right choice.

Honoring Tradition

Some couples enter into legal separations without ever intending to fully reconcile. They may do so if their religious and/or cultural values prohibit divorce.

By entering into a legal separation, spouses can remove themselves from unhappy marriages without actually ending those marriages. This can allow them to strike a delicate balance when a marriage is a source of profound unhappiness but a divorce would conflict with strongly held beliefs.

Financial Benefits

Even if cultural values aren’t a factor, spouses who have no intention of reconciling in the future might still decide a legal separation is preferable to a divorce because of the financial benefits that such an arrangement would offer. When a marriage is still officially in effect, the various financial advantages that marriage offers couples also remain in effect.

All that said, while getting a legal separation may be less permanent than getting a divorce, it’s important for those considering this option to understand that certain arrangements still need to be made before couples can enter into legal separations in Utah. Factors such as whether couples have children and how old their children are will also influence the nature of the process.

If you’re thinking about getting a legal separation in Utah, you’ll benefit from enlisting the help of an attorney who can guide you through every step. Utah legal separation attorney Emy A. Cordano has experience working with clients like you. She’s prepared to help you navigate what could otherwise be a confusing experience. Learn more by contacting the office online or calling at 801-804-5152.

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