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Temporary Separation

Introduction

Temporary separation is an optional step spouses may take before filing for divorce, especially if they are not sure they want to divorce, but they need court orders to establish temporary provisions concerning alimony, property and debt management and division, health care insurance, housing, child support, child custody and parent time.

If either party files a petition for divorce within one year after the date of filing the petition for temporary separation, the amount of the temporary separation filing fee is credited towards the divorce filing fee.

Utah Code Section 81-4-104 governs temporary separation orders.

 

Requirements

Either spouse can petition the district court for a temporary separation order if:

  • the spouses are lawfully married; and
  • both spouses have resided in Utah for at least 90 days.

 

Duration of order

A temporary separation order is valid for one year from the date of the hearing, unless the case is dismissed earlier. If one of the spouses files a petition for divorce while the temporary separation order is in effect, the temporary separation order will continue until the divorce is completed.

 

Divorce orientation class

If the spouses have children together that are under the age of 18, both parents must take the divorce orientation class. The petitioner must take the class within 60 days after filing the petition. The petitioner must send notice of the class to the respondent. The respondent must take the class within 30 days after being served notice. If the spouses do not have children under 18 together they can still take the class if they want. For more information on the class, see our page on Required Classes for Parents.

 

Forms

A temporary separation order can include provisions about alimony, property and debt management and division, health care insurance, housing, child support, child custody and parent time.

Forms to ask for a Temporary Separation

Use OCAP, the Online Court Assistance Program, to prepare the Petition for Temporary Separation and Motion for Temporary Order.

Forms to respond to a Temporary Separation case

  • To dispute a Petition for Temporary Separation, you can file an Answer. You can find the Answer form on this web page: /howto/answer/
  • To dispute a Motion for Temporary Order filed in the temporary separation case, you can file a Memorandum Opposing Motion. You can find the forms on the Motions page: /howto/filing/motions/

 

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