(801) 254-9450 Spouses in Utah have the option to obtain a temporary separation instead of a final divorce. However, when spouses are separated, they will still need to temporarily resolve specific financial issues or matters related to child care.
Instead of relying on a court’s decision, a South Jordan separation agreements lawyer at Carr | Woodall could help you resolve these issues by working collaboratively with your spouse. Call our law office today to speak with a knowledgeable marital agreements attorney in the Salt Lake County and northern Utah County area.
Spouses may seek a legal separation when they are unsure about ending their marriage. The decision to file for divorce is difficult for most couples and drastically impacts daily life for families. A legal separation gives spouses time to consider whether a divorce is the right decision for them.
Before drafting a separation agreement, the spouses must first obtain a legal separation order. The state allows either spouse to file a petition for a temporary separation order with a state court under Utah Code Ann. § 81-4-104 as long as they are legally married and have resided in the state for a minimum of 90 days.
At the court hearing for the temporary separation order, a judge will still need to temporarily set terms regarding vital issues that couples must resolve upon divorce. This includes matters such as child custody, alimony or spousal support, and property division.
A temporary separation order lasts one year from the date a court issued it. When the parties have a child, they must also participate in a divorce orientation class. Before entering into an agreement, a South Jordan family law attorney could advise you on the necessary steps to take when seeking a separation.
Separation agreements can help spouses avoid disputes regarding financial matters, especially when one partner has a disproportionately better financial situation or a significantly higher income. These agreements allow the spouses to avoid any uncertainty by leaving decisions on these matters in the hands of a court.
A lawyer in the Salt Lake County and northern Utah County area could advise on common terms that spouses can include in separation agreements, including the following:
Without a separation agreement, a court will decide these matters at the hearing for your temporary separation. However, it is essential to understand that a court must still approve the terms of a separation agreement made between the parties.
Courts will generally respect spouses’ wishes in a separation agreement if the terms are reasonable, do not involve fraud or duress, and do not violate existing state policies.
A legal separation is a temporary arrangement that can end if the couple asks the court to end it, formally files for divorce, or decides to reconcile.
As such, the separation agreement should account for the possibility of the spouses reuniting. It often includes language outlining the duration of the agreement and actions that can void it.
In some cases, the couple may wish to adhere to certain terms in the separation agreement in the event they pursue a divorce. This can prevent the spouses from renegotiating key terms all over again.
Many separation agreements include a reconciliation clause stipulating that specific provisions remain in place even when the parties decide to reconcile. Call a lawyer at our South Jordan office when seeking reconciliation after a separation agreement. We service the entire Salt Lake County and northern Utah County area.
When you are in the process of obtaining a separation order from your spouse, speak with a South Jordan separation agreements lawyer as soon as possible.
The highly skilled and experienced legal team at Carr | Woodall aims to collaborate effectively to address your issues. Our seasoned family law attorneys could help you understand your legal rights.