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Utah Marital Domestic Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts where Divorce Action Filed

State:
Utah
Control #:
UT-DO-11
Format:
Word; 
Rich Text
Instant download

Description Utah Marital Property

This Marital Domestic Separation and Property Settlement Agreement is a Separation and Property Settlement for persons with minor children. The parties do have joint property and/or debts. This form is for use when a divorce action is pending to resolve all issues. It contains detailed provisions for the division of assets and the payment of liabilities, custody of the children, visitation, child support, etc. It also contains provisions allowing for the payment or non-payment of alimony.

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How to fill out Utah Marital Domestic Separation And Property Settlement Agreement Minor Children Parties May Have Joint Property Or Debts Where Divorce Action Filed?

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FAQ

Couples who are separated, whether informally or legally, are still married in the eyes of the law, regardless of how independent their lives have become. This means that if either spouse has a sexual relationship with another person during the separation period, they have probably committed adultery.

Legally you cannot be married to more then one person at the same time. Therefore, until your divorce decree is entered (no sooner then 91 days upon filing for divorce) you cannot remarry. The decision to begin dating again is a personal decision that only you can decide when the time is right.

Couples seeking legal separation must resolve issues similar to that of divorce, including child custody and visitation, dividing up property and child support, and paying debts. A separation agreement is a legal binding contract signed by spouses, which is intended to resolve property, debt and child related issues.

The court will consider the child's wishes to the extent that the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule. Usually the court will not consider child's preference unless the child is at least 14 years old.

Cohabitation is defined as two individuals that live together and are not married. According to the Utah Supreme Court case of Myers v. Myers, this is when two people are engaged in a romantic relationship and spend most or all of their time living together.

Both parents are entitled to regular time with their child and neither parent can prevent visits.

There is nothing illegal or wrong about dating while married and waiting for your divorce as long as you are living separate and apart. Many people choose to start dating again at some point during their separation and before the final divorce decree are entered.

In order to file a Petition for Temporary Separation, you and your spouse must be lawfully married and both have been residents of Utah for at least 90 days prior to the date of filing the petition.

In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

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Utah Marital Domestic Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts where Divorce Action Filed