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Navigating the Divorce Process in Utah

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Divorce is a challenging chapter in life, and understanding the legal process is essential for a smoother transition. If you’re considering or facing a divorce in Utah, this guide will walk you through the key steps and considerations involved in the divorce process in the Beehive State.

Divorce process in Utah. How to navigate divorce so your separation has little negative effect on the children.
The Divorce Process in Utah

Understanding Grounds for Divorce in Utah:

Utah recognizes both fault and no-fault grounds for divorce. No-fault grounds generally involve irreconcilable differences, while fault-based grounds may include issues like adultery, abandonment, or cruelty. Understanding the grounds relevant to your situation is crucial as it can influence various aspects of the divorce proceedings.

Filing for Divorce:

The divorce process begins with filing a petition in the district court where either spouse resides. Utah has residency requirements, and one of the spouses must have been a resident of the state for at least three months before filing. Detailing the grounds, as well as the desired outcomes in terms of child custody, alimony, and property division, is a critical step in the filing process.

Temporary Orders:

Upon filing, spouses may request temporary orders to address immediate concerns such as child custody, support, and property use during the divorce proceedings. Temporary orders provide stability and set the tone for the ongoing legal process.

Mediation and Alternative Dispute Resolution:

Utah encourages mediation as a means of resolving disputes outside of the courtroom. Mediation can be a more amicable and cost-effective way to reach agreements on issues like child custody, visitation, and division of assets. Mediation has become a mandatory part of every divorce case, and it is often beneficial in facilitating communication and compromise.

Discovery Process:

Discovery involves the exchange of information between spouses, including financial records, property valuations, and any other relevant documents. This phase ensures that both parties have a comprehensive understanding of the marital estate, aiding in fair and equitable distribution. Discovery starts immediately upon the filing of an answer with the Rule 26.1 Initial Disclosure rules. These disclosures are crucial to a case, and failing to complete them can damage your claim.

Division of Marital Assets:

Utah follows the principle of equitable distribution, meaning that marital assets are divided fairly, though not necessarily equally. Factors such as the duration of the marriage, each party’s financial contributions, and the presence of minor children are considered in determining a fair distribution.

Child Custody and Support:

Utah prioritizes the best interests of the child when determining custody arrangements.  A decision about legal custody and physical custody will be made regarding the children. Factors such as the child’s relationship with each parent, the parents’ ability to provide a stable environment, and the child’s wishes (depending on age) are considered. Child support is calculated based on the income of both parents and the amount of time each parent is granted with the children.

Alimony Considerations:

Spousal support, or alimony, may be awarded based on factors such as the length of the marriage, the financial needs of the recipient spouse, and the paying spouse’s ability to contribute. Understanding the criteria for alimony can help spouses anticipate potential outcomes. Consulting a qualified attorney can also help understand the complex area of alimony.

Finalizing the Divorce:

Once all issues are resolved, either through negotiation, mediation, or trial, the court will issue a final divorce decree. This legal document outlines the terms of the divorce, including child custody arrangements, support obligations, and the division of assets. The divorce decree will be binding on both parties.

Navigating the divorce process in Utah requires careful consideration of legal requirements, effective communication, and a commitment to finding fair and amicable resolutions. While divorce is undoubtedly challenging, being informed about the process can empower you to make sound decisions that pave the way for a more positive post-divorce future. If you have specific questions or concerns, consulting with an experienced family law attorney can provide valuable guidance tailored to your unique situation. At Ammon Nelson Law, PLLC all we do is family law. Our attorneys have years of experience, and they can provide quality advice and representation during your divorce matter.

Filed Under: Child Support, Custody, Divorce, Family Law Tagged With: alimony, attorney, Child support, children, custody, divorce, divorce decree, Divorce lawyer, divorce process, legal custody, visitation

I work with people all the time who have separated from their spouses, but have never actually finalized the separation with a divorce. While separation can be a positive step in the direction of saving a marriage, if it carries on too long it can wreak havoc on an inevitable divorce. Here are a few dangers that come with a separation that is never finalized with an official divorce:

Assets: While you are separated, you continue to be legally married. This means that everything you acquire during the separation is still subject to equal division by the court. That 401(k) that you are contributing to, the separate savings account where you have started to save extra money, the house you are paying for even though your spouse is no longer living there, and even the car you pay off during the separation. All of the growth in your assets is subject to division

Debts:

If you are the financially responsible person in your marriage, then be aware that any debt your spouse racks up during the separation, you could end up being responsible for half! That means the plastic surgery she decides she must have, the credit cards he maxes out  furnishing a new apartment, etc.

Children:

Sometimes a separation is sparked because of the infidelity of the female spouse. If she becomes pregnant during the separation, The law automatically makes that baby her husband’s, NOT her paramour’s. That means in the ultimate divorce, the husband who is not even the biological father could be on the hook for child support, medical bills, and all of the other expenses associated with carrying and delivering a baby. The biological father would have no responsibility for the child whatsoever.

I have stated many times in this newsletter that my office values marriage and family. If you need a short separation to fall back in love with your spouse and save your marriage, I’m all for it. But when that separation starts to look like a permanent thing, the best thing to do is file for divorce. This will help protect you from an irresponsible spouse who is clearly not working to save the marriage.

The attorneys at Ammon Nelson Law, PLLC are not new to these situations. We deal with people who finally get around to filing for divorce after a long separation all the time.

If you have been separated for way too long, and are ready to finalize your divorce, call us. We can outline all of your options and give you a plan of action to finalize your divorce.

 

Filed Under: News Tagged With: Child support, debts, divorce, marriage, medical bills

Child support is a hot topic in almost every divorce. I have yet to have a client who does not want to ensure that their children receive all of the support they need, at the same time some custodial parents want too much child support so they can waste it on themselves. Here are a few things to know about child support before you sign a divorce decree.

Child Support is a Child’s Right

First, child support is your children’s right. It is not a right that is controlled by your ex-spouse. This is good and bad. The good news is, your ex-spouse cannot dictate how much support will be. The bad news is your ex-spouse cannot waive child support either. The state of Utah views child support as the children’s right to support, and it has an administrative agency that works hard to ensure children receive the proper amount of support.

Child Support Calculation

Second, child support is calculated based on your gross income for a 40 hour/week job. Gross income means the amount you earn before taxes. It is also based on the custodial parent’s gross income and how many overnights the non-custodial parent has. In cases where a parent is not working or is underemployed, an income can be imputed based on their ability to earn.  Other factors can also be considered. All of that information is placed in a calculator provided by the state of Utah. It spits out a number for how much each parent is responsible for the support of the children. The non-custodial parent then pays that amount in child support.

Can You Change Child Support?

Child support can be changed if certain criteria are met. Usually, if the most recent child support order is less than three (3) years old then the person seeking to modify child support would need to show a change in income that results in a 30% change in child support. Once the most recent child support order is more than three (3) years old, a person can seek to modify child support by showing a change in income that results in only a 10% change in child support. Also, as each child in the family graduates from high school or turns 18 (whichever is later), child support would automatically reduce as well.

Even though the state of Utah has outlined a specific formula for calculating child support, a savvy attorney can find ways to manipulate that calculation to lower or raise child support, depending on which direction you want child support to go. No matter what, consult a competent family law attorney before signing any kind of divorce decree to be sure you understand everything that you are signing.

If you want a FREE copy of the Utah Guide to Divorce, click on the picture below!

Filed Under: News Tagged With: attorney, Child support, custody, divorce, divorce decree, ex-spouse

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