This text of Utah § 81-4-104 (Temporary separation order.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(1)An individual may file an action for a temporary separation order, without filing a petition for divorce, by filing a petition for temporary separation and motion for temporary orders if:
(1)(a) the individual is lawfully married to the individual from whom the separation is sought; and
(1)(b) (1)(b)(i) both parties are residents of the state for at least 90 days before the day on which the action is filed; or
(1)(b)(ii) both parties to the marriage have consented to personal jurisdiction for divorce or annulment under Subsection 81-2-303(4)(a)(ii).
(2)The temporary orders are valid for one year after the day on which the hearing for the order is held or until one of the following occurs:
(2)(a) a petition for divorce is filed and consolidated with the petition for temporary separatio
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(1) An individual may file an action for a temporary separation order, without filing a petition for divorce, by filing a petition for temporary separation and motion for temporary orders if:
(1)(a) the individual is lawfully married to the individual from whom the separation is sought; and
(1)(b) (1)(b)(i) both parties are residents of the state for at least 90 days before the day on which the action is filed; or
(1)(b)(ii) both parties to the marriage have consented to personal jurisdiction for divorce or annulment under Subsection 81-2-303(4)(a)(ii).
(2) The temporary orders are valid for one year after the day on which the hearing for the order is held or until one of the following occurs:
(2)(a) a petition for divorce is filed and consolidated with the petition for temporary separation; or
(2)(b) the case is dismissed.
(3) If a petition for divorce is filed and consolidated with the petition for temporary separation, orders entered in the temporary separation shall continue in the consolidated case.
(4) (4)(a) If the parties to the temporary separation action have a minor child, the parties shall attend the divorce orientation course described in Section 81-4-105:
(4)(a)(i) for the petitioner, within 60 days after the day on which the petition is filed; and
(4)(a)(ii) for the respondent, within 30 days after the day on which the respondent is served.
(4)(b) If the parties to the temporary separation action do not have a minor child, the parties may choose to attend the divorce orientation course described in Section 81-4-105.
(4)(c) The clerk of the court shall provide notice to a petitioner of the divorce orientation course requirement.
(4)(d) A petition shall include information regarding the divorce orientation course requirement when the petition is served on the respondent.
(5) For a party that is unable to pay the costs of the divorce orientation course, and before the court enters a decree of divorce in the action, the court shall:
(5)(a) make a final determination of indigency; and
(5)(b) order the party to pay the costs of the divorce orientation course if the court determines the party is not indigent.
(6) (6)(a) Except for a temporary restraining order under Rule 65A of the Utah Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order related to the temporary separation petition until the moving party completes the divorce orientation course.
(6)(b) It is an affirmative defense in a temporary separation action that a party has not completed the divorce orientation course and the action may not continue until a party has complied with the divorce orientation course.
(7) (7)(a) Notwithstanding Subsections (4) and (6)(b), the court may waive the requirement that the parties attend the divorce orientation course, on the court's own motion or on the motion of one of the parties, if the court determines course attendance and completion are not necessary, appropriate, feasible, or in the best interest of the parties.
(7)(b) If the requirement is waived, the court may permit the temporary separation action to proceed.
(8) The petitioner shall serve the petition for a temporary separation order in accordance with the Utah Rules of Civil Procedure.
(9) If a party files for divorce within one year after the day on which the petition for temporary separation is filed, the filing fee for a petition for temporary separation shall be credited towards the filing fee for a divorce.