Legal Separation and Annulment in Utah
Whether Utah offers legal separation, how it differs from divorce, and the grounds for an annulment.
Short answer: Yes, two options. A married person can petition for separate maintenance if one spouse is a Utah resident and the other spouse has deserted, failed to provide support, or lives apart without fault of the petitioner; Utah Code §§ 81-4-104, 81-4-202
| Legal separation | Yes, two options. A married person can petition for separate maintenance if one spouse is a Utah resident and the other spouse has deserted, failed to provide support, or lives apart without fault of the petitioner; the court can award support and divide the use of property. Spouses can also file for a temporary separation order without filing for divorce if both have lived in Utah for at least 90 days; those orders last one year or until a divorce is filed or the case is dismissed, and parents of minor children must take the divorce orientation course. Source: Utah Code §§ 81-4-104, 81-4-202 |
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| Annulment | A court may annul a marriage that is prohibited or void under Utah law, or on grounds recognized at common law, existing at the time of the marriage. Void marriages include bigamous marriages, marriages between close relatives, marriages of a person under 18 (unless a 16- or 17-year-old had parental consent and juvenile court authorization, or married before May 14, 2019), and remarriage before a divorce became final. The Utah Courts list common-law grounds such as hiding important information that affects the marriage, force or threats, and a marriage that was never consummated. |
Where to get help in Utah
More Utah divorce & family law
- Getting a Marriage License in Utah
- Adopting a Child in Utah
- Guardianship of a Child or Adult in Utah
- Establishing Paternity in Utah
- Changing Your Name in Utah
- Child Custody Laws in Utah
- How Child Support Is Calculated in Utah
- Divorce Records in Utah
- Alimony and Spousal Support in Utah
- How to File for Divorce in Utah
- All Utah divorce & family law rules
FAQ
Can you get a legal separation in Utah?
Yes, two options. A married person can petition for separate maintenance if one spouse is a Utah resident and the other spouse has deserted, failed to provide support, or lives apart without fault of the petitioner; the court can award support and divide the use of property. Spouses can also file for a temporary separation order without filing for divorce if both have lived in Utah for at least 90 days; those orders last one year or until a divorce is filed or the case is dismissed, and parents of minor children must take the divorce orientation course.
What are the grounds for annulment in Utah?
A court may annul a marriage that is prohibited or void under Utah law, or on grounds recognized at common law, existing at the time of the marriage. Void marriages include bigamous marriages, marriages between close relatives, marriages of a person under 18 (unless a 16- or 17-year-old had parental consent and juvenile court authorization, or married before May 14, 2019), and remarriage before a divorce became final. The Utah Courts list common-law grounds such as hiding important information that affects the marriage, force or threats, and a marriage that was never consummated.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.