Regardless of circumstances, ending a marriage can be a tough decision that requires much consideration. In Utah, you can file for either fault-based or no-fault divorce. There is also the option of legal separation. What exactly is legal separation? How does this differ from a marriage in Utah? To understand how things work, consider talking to lawyers of the divorce law firm, Coil Law. For your help, below is an overview of the basics.
Understanding legal separation
In simple words, legal separation is more like a pause to the marriage. If you choose to get legal separated, you are still married and have legal benefits of being in a marriage. You cannot get married, and the court order will decide on important things, such as child custody, alimony, child support. If legal separation is not divorce, why do people opt for it? There could be many reasons. Many couples want to get the benefits of health insurance, for which divorce is not an option. Also, it allows a couple enough time to decide on the important aspects related to the marriage, or an eventual divorce. In many religions, divorce is not seen kindly, and that could be a reason for a warring couple to go for legal separation.
Unlike legal separation, divorce is the end of a marriage. This means you can go ahead and marry someone else you want, and live your life on your own terms. If you get divorced and want to get back with your ex-spouse, you have to marry again. In case of legal separation, that’s not the case. Divorce is permanent, while legal separation in Utah lasts for a year, and if you want to stay legal separated, you have to go back to court.
Meet a lawyer
If you are unsure of whether legal separation is the right option for your circumstances, meet an attorney. Like we mentioned earlier, working with an attorney gives you perspective to take the right decision. For instance, if you fear for the safety of your kids or your own life, you can file for legal separation and get a restraining order, with the help of your attorney. A good divorce lawyer can help in comparing legal separation and divorce, focusing on aspects that are unique to your situation.
You can also expect the lawyer to negotiate with your spouse, so that you can end the marriage sooner.