Many times when couples are experiencing marital problems, there are natural reservations about going forward with a divorce. In some instances conditions between the parties have become unlivable, but the parties are not certain divorce is the answer. The parties may hope that time apart or marriage counseling might resolve the problems facing the marriage. However, during their separation, the parties may be in real need of more formalized terms to govern their separation. To accommodate parties that are not ready to file for divorce, but need the benefit of formal separation orders, Utah Code Section 30-3-4.5 allows the parties to file for a "Temporary Separation."
A Temporary Separation allows the parties to obtain orders as if they were going through a divorce, but the orders may last only one year from the time that they are entered. These orders may address such issues as property and debt division, health care insurance, housing and real property, alimony, child support, child custody, and parent time. If either party files for divorce the orders that were entered in the temporary separation will continue and simply become consolidated into the divorce case.
If you need help in determining whether a temporary separation would be a valuable alternative to divorce, contact us today to discuss your options.