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