Wednesday, July 13, 2016

5 Things You May Not Know About Legal Separation

If you reside in the state of Utah and are thinking about a divorce, you must know there are two other options, annulment and legal separation. While you are probably knowledgeable about how divorce and annulments work in your state, there is information of getting a legal separation in Utah you may want to think about.

There Are Residency Requirements in Utah

There are residency requirements to get a legal separation in the state but they are lenient. To be qualified for a legal separation in Utah, both partners should have been living in the state for the previous 90 days.

There is an Initial Process

Twenty days after the submitting the petition to the court for a legal separation, the participant will get a summons to appear in court. As soon as in court, the petitioner will have the chance to explain the grounds for the separation. At this moment the judge normally grants a decree of legal separation.

Spouses Need to Participate in Divorce Education Course

When minor kids are involved, after a petition for temporary separation has actually been submitted and served, both spouses need to attend a divorce course. The course should be gone to by the petitioner within 60 days after the filing while the respondent should attend within 45 days of being served.

You Are Still Accountable for the Financial Obligations of Your Partner

Although you are no longer living together, in a legal separation you are still accountable for spousal debts. You are likewise responsible for legal issues they might be associated with. A legal separation decree would resolve arrangement on these debts. If a spouse neglects to pay certain joint marital debts nevertheless, creditors can still follow you.

Lawyer's Costs Are the Same as a Divorce

It might shock some individuals that a legal separation costs about the same as a divorce. Why? Since they accomplish the exact same things as divorce - such as child custody orders and alimony - there's one major distinction: You are still technically married. After a decree of legal separation is entered, and if the involved parties decide later on that they desire a divorce, the costs will be charged a second time for the divorce.

Legal Separation Attorney David Pedrazas

As you can see, the decision to obtain a legal separation as opposed to a divorce in Utah can be complex. It can be worse if the parties are not cooperative and amicable. This is why you should seek the services of a skilled attorney like David Pedrazas. For more than 15 years, David Pedrazas has been helping families move through these difficult times. He will go over your options, discussing the advantages and issues of each course you can take.

Each case is unique and you are worthy of the help customized to your scenario. Contact us for a free 30-minute assessment today.

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