Do You Have to File for Separation Before You Can Get Divorced in Utah?
We get this question on a regular basis.
And the quick answer is No.
In the State of Utah, you are not required to file for Separation before you can get divorced.
Here is a video that we did about what makes a separation agreement legal:
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Now, with that said, some people want to file for legal separation prior to actually getting divorced.
In fact, we finalized a legal separation just about a week ago. The majority of the time, people do want to get divorced. The main reason for this is because if you only get a legal separation, you are still married and you cannot remarry. Additionally, if you have sex with another person other than your spouse, you are committing adultery (even though you are separated).
Why just get a separation then?
Well sometimes you might not be 100% sure you want to get a divorce. Sometimes you just need a break. We’ve had cases were we do a divorce and then the couple reunites and remarries. Another reason some people choose to get a legal separation other than a divorce is for insurance benefits. You see, once you get divorced you lose the ability to be on your spouse’s insurance policy.
All of these issues are important to consider in your situation.
Do you want some advice from a Divorce Lawyer?
Here is my advice:
A divorce is great for people who are sure that divorce is the option they are choosing. If, however, you are still unsure whether you really want to get a divorce or not, consider a legal separation. Although it is not mandatory and you do not need to get legally separated prior to a divorce in Utah, if you are still hoping for healing in your marriage or trying to work things out and you just need a break, then seriously consider a legal separation.
I hope this has been helpful to you.
You can always visit our main site where we have additional information about Divorce in Utah, Alimony, Child Support, Asset Division, etc. Click Here to visit that site.
If you still have questions, we offer a free, no obligation initial consultation, just give us a call 801-676-5506, we’re happy to assist you with your case.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875
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