Updated March 19, 2023
A Utah separation agreement is a legal document used by married couples who do not wish to live together as spouses but are not ready to divorce. Utah recognizes two distinct legal possibilities: temporary separation, which is limited to one (1) year, and a petition for separate maintenance, which is available only in certain situations. In either case, couples may use a separation agreement to spell out their rights and responsibilities while separated.
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.
Source: § 30-3-4.5, § 30-4-1
Legal Separation Requirements
- Filing Fee: $35 for temporary separation or $325 for separate maintenance (Civil Complaint)
- Residency: Either spouse must have been a resident of the state for at least three months leading up to the filing of the complaint (§ 30-3-1)
- 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 (§ 30-4-2).
Related Forms
Download: Adobe PDF, MS Word, OpenDocument
Download: Adobe PDF, MS Word, OpenDocument