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A marital separation agreement does not have to be filed in court to be legally binding on the husband and wife. The agreement is basically like a contract between two people. As long as the husband and wife are legally able to enter into a contract, they can make a marital separation agreement.
Separate maintenance allows married couples to legally separate their affairs without obtaining a divorce under limited circumstances. A separate maintenance order governs child custody, child support, parent time, alimony, and property and debt division, but the parties remain married.
The main reasons for divorce or separation agreements to be set aside include duress, coercion, unconscionability, mistake and lack of complete financial disclosure. These are mistakes that are often made when there has been no independent legal advice.
Does Utah Recognize Legal Separation? Yes, but in Utah, it's called an action for "separate maintenance." The process begins when either spouse files a petition for separate maintenance with the local court.
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.
However, some states make a legal distinction between dating during separation and dating while living together as man and wife. In Utah, unless one spouse is clinically insane, couples can only file for divorce after a one-year separation period.If the adultery occurs after the date of separation, it does not.
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.