Utah Code 30-3-4.5. Motion for temporary separation order
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(1) A petitioner 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:
Terms Used In Utah Code 30-3-4.5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Summons: Another word for subpoena used by the criminal justice system.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(1)(a) the petitioner is lawfully married to the respondent; and
(1)(b)
(1)(b)(i) both parties are residents of the state for at least 90 days prior to the date of filing; or
(1)(b)(ii) both parties have consented to personal jurisdiction for divorce or annulment under Subsection 30-1-10 (1)(b).
(2) The temporary orders are valid for one year from the date of the hearing, 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 child, the parties shall attend the divorce orientation course described in Section 30-3-11.4 :
(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 child, the parties may choose to attend the divorce orientation course described in Section 30-3-11.4 .
(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 65 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) or (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, or 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) Service shall be made upon respondent, together with a 20-day summons, in accordance with the rules of civil procedure.
(9) The fee for filing the petition for temporary separation orders is $35. If either party files a petition for divorce within one year from the date of filing the petition for temporary separation, the separation filing fee shall be credited towards the filing fee for the divorce.