QUESTION

Can I request the divorce in the separation answer or do I have to answer the separation and file separate divorce papers?

Asked on Aug 28th, 2013 on Divorce - Utah
More details to this question:
My husband filed for a separation, but I want a divorce.
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6 ANSWERS

Family Law Attorney serving Thousand Oaks, CA at Law Office of Terry A. Buchanan
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You can respond by requesting a divorce.
Answered on Sep 09th, 2013 at 4:01 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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You would file a Cross Complaint asking for a divorce.
Answered on Sep 09th, 2013 at 4:01 PM

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Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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Do a motion to modify to divorce. Allege the marriage is irretrievably broken.
Answered on Sep 09th, 2013 at 4:01 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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I am the Utah attorney, and select only speak to what Utah law provides on the subject of separation and divorce. The Utah Code allows a spouse to seek either temporary separation (Utah Code Section 30-3-4.5) or a more permanent arrangement known as separate maintenance (Utah Code Title 30, Chapter 4). But the short answer to your question is that in Utah, if your husband wants a separation, but you want to seek a divorce, his filing for separation does not prevent you from filing for divorce and getting a divorce. You can file for divorce right now, and there is nothing he can do to stop you.
Answered on Sep 09th, 2013 at 4:00 PM

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Ask for the divorce in your Response to his papers.
Answered on Sep 09th, 2013 at 4:00 PM

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In Arizona a legal separation decree will only be entered by the court with the agreement of both spouses. What you would do is file a response to the petition, stating that the marriage is irretrievably broken, with no prospect of reconciliation. Only one of the parties has to say this, and the court will enter the dissolution.
Answered on Sep 09th, 2013 at 4:00 PM

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