October 8, 2010

Utah Separate Maintenance Lawyer | Legal Separation

Separate Maintenance in Utah

Separate Maintenance allows the parties to have some space without dissolving the marriage. The parties get to keep spousal insurance benefits, intestate succession and other advantages from the marriage. There are many other benefits to a separate maintenance agreement as opposed to filing for a divorce. A consultation with one of our Utah Separate Maintenance Lawyers can you get started on a successful agreement.

The court may order a separate maintenance as part of divorce proceedings and the proceedings of a separate maintenance should be the same as those that happen during a divorce.  Separate maintenance are set up to be used as a first step towards divorce that allows the parties more time to determine whether they want to go through the divorce or to make amends and maintain the marriage.   

A Separate Maintenance can resolve with which spouse minor children will live, provide how and when support payments will be made, if the court determines there should be support payments. The court can also determine debt and property allotment. Much like a divorce, if a party fails to follow a court decree, a party can bring a Separate Maintenance Enforcement lawsuit to enforce the order or the order can be altered through a Separate Maintenance Modification. A Separate Maintenance action can be terminated at the death of one of the parties or if the parties meet the criteria of voluntary or permanent reconciliation. 

Grounds for Separate Maintenance

A Separate Maintenance action may be brought when a Utah resident 1) deserts a spouse without good and sufficient cause; 2) when a resident refuses to support or maintain their spouse when they are financially able to do so; 3) when they live separate from the spouse when it was not the spouse’s fault or 4) if the resident is imprisoned for more than one year or the spouse does not have sufficient support while the resident is in prison.

Want Legal Separation but Not Divorce?

Considering a Separate Maintenance action?  Don’t delay!  Call our team of Utah Divorce and Family Law Attorneys today and we will schedule a free consultation to get you on the right track to a separate maintenance action. 801.618.1331