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:
(a)
the individual is lawfully married to the individual from whom the separation is sought; and
(b)
(i)
both parties are residents of the state for at least 90 days before the day on which the action is filed; or
(ii)
both parties to the marriage have consented to personal jurisdiction for divorce or annulment under Subsection 81-2-303(5)(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:
(a)
a petition for divorce is filed and consolidated with the petition for temporary separation; or
(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)
(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:
(i)
for the petitioner, within 60 days after the day on which the petition is filed; and
(ii)
for the respondent, within 30 days after the day on which the respondent is served.
(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.
(c)
The clerk of the court shall provide notice to a petitioner of the divorce orientation course requirement.
(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:
(a)
make a final determination of indigency; and
(b)
order the party to pay the costs of the divorce orientation course if the court determines the party is not indigent.
(6)
(a)
Except for a temporary restraining order under Utah Rules of Civil Procedure, Rule 65A, 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.
(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)
(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.
(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.
Section 81-4-104 ("Temporary separation order.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 81-4-104?
A common citation format is "Utah Code § 81-4-104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 81-4-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
