divorce Archives - Page 3 of 5

I meet with people considering divorce all the time. Frequently they are terrified because their spouse has been bullying them. This is not a gender specific issue. In fact, it is not uncommon for men to come into my office just as afraid as women because their spouse is bullying them. This is not ok.

One type of bullying consists of threats about the case. For example, a bullying spouse may threaten to keep the kids from the other spouse, kick the other person out of the house, stick the other spouse with all of the debt, drag out the divorce until everyone is broke, Etc.

These threats are empty. The law in Utah protects parties in that it attempts to make an equal division of all assets and debts, and it creates a mechanism so that children have access to both parents so long as it is safe for the children. Having a trained attorney who is knowledgeable about divorce law and confident in the courtroom can protect you from the empty threats of a spouse.

Another type of bullying is more serious and requires immediate action. Sometimes I meet with people who have been physically abused, or their spouse has threatened to physically harm them. This type of bullying is not ok, and requires immediate steps to protect you and your children. The best way to handle these situations is on a case by case basis. Some tools to consider are a protective order, police intervention, or a restraining order inside of your divorce. These tools often need to be used tactfully and strategically to protect you. If you are suffering from an abusive spouse, don’t sign an unfair agreement thinking it will stop the abuse. Call a knowledgeable and confident attorney to help you get the protection you need.

Many times people will come in to my office after they have signed an unfair decree. They sign because they are afraid of their spouse, but later realize that they shouldn’t have signed because the bullying spouse has not changed. It is much more difficult to undo a bad agreement, than it is to get a better agreement the first time.

At Ammon Nelson Law, our team of attorneys is knowledgeable about divorce law (we focus our practice entirely on helping families). We are also confident in the courtroom having logged hundreds of hours arguing in front of the local judges.

For a free case evaluation, call our office today. We will ensure you receive a detailed action plan and answers to all of your questions.

To get the FREE Utah Guide to Divorce, CLICK ON THE PICTURE BELOW!

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.

Child custody disputes are part of any divorce case where a married couple have children together and in any paternity action. You are probably familiar with the terms “Sole Custody” and “Joint Custody.” I have found that even though many people know these terms, they are not exactly sure what they mean. Throw in the term “Legal Custody,” and we have a giant mess. Let me help you untangle the mess with these hints about custody.

Physical Custody v. Legal Custody

Physical custody is the determination by the court about who the children will live with and how much visitation the other parent will have. Legal custody is the determination by the court about who gets to make major decisions regarding medical, education, religion, and other major events in the children’s lives. It also includes what information a “non-custodial” parent can have.

Sole legal custody usually means one parent (usually the parent with whom the children live) has the ability to make all major decisions for the children, and the other parent is simply entitled to information about the children (ie report cards, medical records, dates of events, etc).

Joint legal custody usually means that both parents must meet and discuss major decisions about the children before any decision is made. Sometimes it requires the parents to go to mediation if they cannot agree how to handle a certain situation with their children.

Sole Custody v. Joint Custody

Sole physical custody is where one parent has the children most of the time, and the other parent has only standard visitation (usually every other weekend). Physical custody is determined by overnights. That means that if a non-custodial parent has the children less than 111 overnights, the custodial parent has sole physical custody. If the non-custodial parent has more than 111 overnights, that parent has some form of joint physical custody.

Joint physical custody is often confused as being a 50/50 arrangements, where the parents have the children an equal amount of time. Actually, any arrangement where the non-custodial parent has more than 111 overnights is considered a joint physical custody arrangement. That means that there is a wide swing in how much time a non-custodial parent may have the children but still have joint physical custody.

If your head isn’t spinning by now, it will be as you try to negotiate a parent-time arrangement with the other parent. Ammon Nelson Law, PLLC focuses its practice on divorce and custody issues in the Ogden, Roy, Layton, North Ogden, Farr West, Harrisville, Farmington, Kaysville, Fruit Heights, and North Salt Lake areas. We can help you sort out custody and negotiate an arrangement that is not only good for you, but also for your children. If you have questions about custody, please give us a call!

CLICK HERE: Utah Guide to Divorce

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Don’t Be Bullied, Get an Attorney!

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