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Utah Separation Agreement

A Utah separation agreement is a legal document used by married couples to establish their rights and responsibilities when separated but not divorced. Utah recognizes two distinct legal possibilities: temporary separation, which is limited to one year, and a petition for separate maintenance, which is available only in certain situations.
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Updated October 16, 2024

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Is a Separation Agreement Legal in Utah?

Yes, couples can create separation agreements to settle property issues, and can petition a court through a temporary separation order or a separate maintenance action to create enforceable terms regarding child support, custody and other matters.[1][2]

Legal Separation Requirements

  • Filing Fee: $35 for temporary separation or $325 for separate maintenance (Civil Complaint)
  • Divorce Orientation Course: Couples with minor children are required to attend a divorce orientation course.[2]
  • Residency: Either spouse must have been a resident of the state for at least three months leading up to the filing of the complaint.[3]
  • Where to File: With the District Court covering the county where either spouse may be found; for separation actions, spouses need not reside in the same county where the action is brought.[4]

Sample

Sources

  1. § 30-3-4.5
  2. § 30-4-1
  3. § 81-4-405
  4. § 30-4-2