Like the rest of Utah, in Layton, couples can file for a divorce and legally end their marriage. However, if you aren’t sure about taking such a drastic step, you might think about legal separation. It’s often a critical step for couples who are contemplating divorce.
Unlike a divorce, a legal separation allows you to live apart while still remaining legally married. It’s a great option if you want to work things out with your spouse. But this unique situation comes with a few challenges, including sorting out your finances, debts, and, most importantly, child custody.
When you legally separate from your spouse, your primary concern is how it will affect your child custody arrangements. As leading family lawyers in Layton, we often face this question. The truth is that each case is different, and child custody decisions made during a legal separation can have long-term consequences.
How?
Let’s find out.
Understanding Legal Separation in Layton, Utah
You have probably heard about trial separation. While trial separation is often the first step for most couples in Layton, it’s not the same as legal separation, which requires approval from the court. The process is quite similar to filing for a divorce.
As per Utah’s family laws, if you want to separate from your spouse, you should have legally been married, and both of you must have lived in Utah for 90 days. You must also wait a minimum of 30 days after you petition for the legal separation to begin.
Typically, you need a legal separation agreement outlining your rights and responsibilities while you live apart. It can include dividing assets (property and debt), determining spousal support, health insurance, housing, and arranging child custody and visitation. Once the court approves this agreement, it becomes legally binding for you and your spouse.
After accepting your petition, the court issues a legal separation order, which is valid for one year unless your case gets dismissed earlier. You can decide to reconcile or move forward with a divorce. But, data shows that nearly 80% of separations end in divorce.
Child Custody During Legal Separation
In Layton and throughout Utah, legal separation offers a way for couples to step back and assess their relationship without getting divorced. Some choose this route for religious reasons, while others because they are unsure about divorce. But no matter the reason, when kids are involved, child custody can become a thorny problem.
During a legal separation, a judge can issue a temporary custody order to ensure your child can continue their routine. This order decides:
- Where the child will live.
- Who can make important decisions for the child.
- Parenting time for the non-custodial parent.
- How holidays and school vacations will be handled.
- The responsibilities for transporting the child between parents.
There are two main types of custody in Utah:
1. Legal Custody
Legal custody refers to the right to make important decisions about a child’s life, including education, healthcare, and religious upbringing. In a legal separation, both parents often retain joint legal custody, meaning you work with your spouse on these significant decisions. But, in some cases where one parent is deemed unfit or abusive, the court may grant sole custody to the other parent.
2. Physical Custody
Physical custody decides where the child lives daily.
There are two types of physical custody in Utah:
- Joint custody, where the child splits time between you and your spouse’s home.
- Sole custody, where the child lives with one of you, and the non-custodial parent gets visitation rights.
During a legal separation, the court often issues a temporary physical custody order to provide stability for your child while you and your spouse can work out a more permanent arrangement.
Factors Utah Court Considers When Deciding Child Custody
Although temporary, the court will take several factors into account when deciding custody arrangements. They may include:
1. The Best Interest of Child
In Layton and the rest of Utah, the court’s focus is your child’s best interests, which involves factors like:
- Each parent’s ability to care for the child.
- Their relationship with the child.
- And the child’s needs.
Utah courts prefer joint legal custody, where both you and your spouse can make important decisions about your child’s life, such as education, healthcare, and religious upbringing. However, if your spouse is deemed unfit or unable to cooperate, the court may grant sole legal custody to you and vice versa.
2. Stability and Routine
Courts often look for stability and routine when making custody decisions. They want to minimize disruptions in your child’s life, like changing schools or homes. If you can provide a more stable environment, you might have a better chance of getting more custody time and vice versa.
3. Communication and Cooperation
How well you and your spouse communicate and cooperate can affect custody decisions. You may share custody if you and your spouse can work together peacefully and put the child’s needs first. But, if there is a lot of conflict, a judge might decide the child should spend more time with one parent to avoid stress, depending on the circumstances.
Modification of Custody Orders
In legal separation, custody orders are typically temporary, which means these arrangements can change depending on the new circumstances. For example, if your spouse moves out of state or the child’s needs change, you can petition the court to revisit the arrangements.
We recommend doing this with the help of a family law attorney in Layton. A competent lawyer knows Utah’s child custody laws and the local legal system. They are here to protect your rights as a parent and help your child receive the care they deserve.
The Bottom Line
Although it won’t end your marriage, legal separation is a major decision that will equally affect your children because it involves making custody arrangements. Typically, the court will issue temporary custody orders while you work out a long-term solution. We recommend consulting a family law attorney as soon as possible, even if divorce isn’t on the table yet.
If you are thinking of legal separation, we can help. Jeremy Atwood Law is a leading law firm in Layton with specializations in family law, divorce, elder law, and estate planning. Contact us today to schedule a free 15-minute consultation.
