Do You Have to File for Separation Before You Can Get Divorced in Utah?
We get this question on a regular basis.
And the quick answer is No.
In the State of Utah, you are not required to file for Separation before you can get divorced.
Here is a video that we did about what makes a separation agreement legal:
Now, with that said, some people want to file for legal separation prior to actually getting divorced.
In fact, we finalized a legal separation just about a week ago. The majority of the time, people do want to get divorced. The main reason for this is because if you only get a legal separation, you are still married and you cannot remarry. Additionally, if you have sex with another person other than your spouse, you are committing adultery (even though you are separated).
Why just get a separation then?
Well sometimes you might not be 100% sure you want to get a divorce. Sometimes you just need a break. We’ve had cases were we do a divorce and then the couple reunites and remarries. Another reason some people choose to get a legal separation other than a divorce is for insurance benefits. You see, once you get divorced you lose the ability to be on your spouse’s insurance policy.
All of these issues are important to consider in your situation.
Do you want some advice from a Divorce Lawyer?
Here is my advice:
A divorce is great for people who are sure that divorce is the option they are choosing. If, however, you are still unsure whether you really want to get a divorce or not, consider a legal separation. Although it is not mandatory and you do not need to get legally separated prior to a divorce in Utah, if you are still hoping for healing in your marriage or trying to work things out and you just need a break, then seriously consider a legal separation.
I hope this has been helpful to you.
You can always visit our main site where we have additional information about Divorce in Utah, Alimony, Child Support, Asset Division, etc. Click Here to visit that site.
If you still have questions, we offer a free, no obligation initial consultation, just give us a call 801-676-5506, we’re happy to assist you with your case.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 876-5875
Q: How Do I Go About Getting Full Custody of my Child?
I love good questions like this one. Give me a second to think and respond: Tell me what your custody situation looks like right now.
The reason this is so important is because in Utah, the Court Commissioners and Judges will usually award custody in a situation in which it currently exists (with some exceptions of course).
So, think about this situation for a moment. You want full custody. Full custody in legal terms means sole physical custody (in my mind). Sole physical custody means that if there are 365 days in a year, you have your child at least 255 overnights or more and the other parent would have 110 overnights or less. This is the minimum number of overnights that you need to have sole physical custody.
Some has asked us about how do they keep the other parent from ever seeing their child. This is difficult unless the other parent has serious issues (think child endangerment or worse). If that is your situation, call us right away to discuss emergency options.
If the other parent ever gets more than 110 overnights in a year, then you are looking at a joint custody situation. So, the trick is to have this in place before you go to court.
Watch this video I created:
Think about it.
If you already have a sole physical custody (or full custody) situation in place before you go to court, then the argument that is made to the judge will look something like this:
“Good Morning your Honor.
Michael Anderson, appearing on behalf of [inset your name here], the Petitioner in this matter.
Your Honor, the reason we are here today is to have an order put in place which awards my client sole physical custody of the parties’ minor child.
This is appropriate here your Honor, because this is that status quo. Over the last year, my client has had 255 overnights with the minor child and the Respondent has only had 110 overnights. This is the status quo your Honor, it has been this way for over a year and the court should maintain the status quo.
Additionally your Honor, the court should award my client sole physical custody because… [fill in the other reasons here].”
This is a sample of what my oral argument would look like if we went to court to get you full custody.
My recommendation is this – if you want full custody, get all the overnights you can with your child. If the other parent has “issues” don’t let the other parent have overnights until the issues are resolved. If you do, then you are telling the court from your behavior, that there are no issues; otherwise, you would simply allow those overnights to take place.
Let me give you an example.
If you want the other parent to have a separate bedroom for your child and he or she doesn’t; then, don’t let them have overnights until this is resolved. If you do, you are telling the court that the child not having a separate bedroom is important to you; otherwise, you would be withholding parent time.
Now, with all this said, don’t forget that if you unreasonably withhold parent time from the other parent, you might end up looking like “the bad guy” — no one wants this. So make sure you do everything on the up and up.
I hope you have found this information helpful.
If you need help with a child custody or divorce case, give us a call. Thanks!
Divorce in Utah
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 676-5506
Fax:(801) 676-5508
So, you’ve been served divorce papers. To put it bluntly- it sucks.
Lots of people are unable to think clearly once they’ve obtain divorce papers. It is a stressful, anxiety filled time once you’ve been served. After you have calmed down, the first thing you should do is read the papers. If you can’t get yourself to read them, you should speak with a family law attorney right away. A divorce lawyer will be able to go through the Summons and the Petition for Divorce with you and let you know what your spouse wants in the divorce. It is important that you do this quickly because in Utah, once you’ve been served with a divorce summons and complaint, you have 21 days to have y our answer filed with the court. If you don’t have it filed by the 21st day, then you are in default. This is bad.
What You Need to Do
First decide whether you are going to get legal advice and be represented by an attorney or whether you are going to do it yourself. If you are going to do it yourself, go to the court or to the court’s website, and prepare an Answer. An Answer is the written response to the petition for divorce.
If you are hiring an attorney, the attorney will prepare this document for you and file it with the court.
You should consider each paragraph and decide whether you agree with it, disagree with it or don’t know whether you agree or disagree. You need to respond to each paragraph in order.
You may want to consider filing a counter-claim. A counterclaim is when you are suing your spouse back for divorce and you list the conditions and terms that you want in the final decree. In a counterclaim, you can respond to your partner’s allegations, in addition to make your personal accusations as well as ask for terms you desire from the divorce as well. A divorce lawyer will tell you what you should file and why.
Do you have children under the age of 18? If so, then you have more steps to do. You’ll need to attend the divorce education and orientation course. Here is a link for the calendar of the course dates and times:
Once the Answer is filed you need to file a financial declaration if children are involved. If there are no children, you need to do this as well. This becomes important if a party is seeking alimony (also called spousal support), then you’ll need to complete one of these too.
Watch this video that has more information about divorce in Utah:
During this entire process you need to be aware of due dates or deadlines. It is very important not to miss a deadline.
When you submit your Answer with the court, you need to give your spouse a duplicate copy (or his/her attorney), just as he/she served divorce papers on you. Declaring and offering your Answer puts both the court and also your spouse on notice that you intend to be involved in the situation. After you’ve done this, the divorce process will include you and you will get copies of all documents going forward.
Mediation.
The next step after financial disclosures is usually mediation. I’ve written about mediation before, but mediation is an attempt to resolve the case without spending years in divorce court.
Being served divorce documents doesn’t have to be a disastrous stage in your life. Just be forceful in taking quick, computed actions in order to establish yourself in the best situation possible for a positive result. Also, do not give up just because you’ve been served divorce papers. Don’t let emotions take over. The Court looks at thousands of divorce cases a year, so it will not have emotion involved. This is another reason you should consider having a lawyer on your side.
If you need help with your divorce in Utah, give us a call for a free initial consultation 801-676-5506. We look forward to seeing you soon.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 876-5875
Today a client from a few years contacted me to “change her divorce decree.”
The way you change a divorce decree in the State of Utah is by filing a Petition to Modify Decree of Divorce in the court where the decree was issued. In the case I worked on today, that was in the Third Judicial District Court, Salt Lake County, Salt Lake Department.
You can change the terms of your divorce decree when there has been a significant and substantial change in circumstances. In this case, our client originally had 2 minor children with her husband when she got divorced. In her decree, they had a split physical custody situation, which means that one of the 2 children resided with her and the other resided with her husband. This is split custody.
Well, time has passed and now the oldest child is over the age of 18 and no longer lives at home with our client. The other child, who is still a minor, has moved in and started living with our client. Our client now should start receiving child support from her ex-husband because she is caring for the child full time. Her ex-husband refuses to pay any child support.
This is a substantial change in circumstances because there is only 1 minor child between the parties left and that minor child now lives with the other parent. In this case, the court should change the divorce decree and order the dad to pay child support to the mom, who is a stay at home mom with the minor child.
So we drafted a petition to modify the decree of divorce and specifically referenced the sections of the decree that we want changed. We outlined how he should be paying child support to her and covering 1/2 of all of the extracurricular activities, as well as pay half of the medical bills, dental bills and other out of pocket expenses.
Once approved, it will be filed with the court and a summons is then issued and the summons and the petition are served on the father. He will then have 21 days after the date of service to respond.
This video explains the process briefly:
If the father doesn’t respond in the 21 day period, a default will be entered against him. This means that the mother will win for father’s failure to respond.
If the father does respond, then it becomes a contested case. The next step is to do initial disclosures, which requires a financial declaration to be filed with the court, copies of paycheck stubs, bank statements, etc. and the father also has to do this. This also includes a list of potential witnesses that can be used should the case go to trial. The witness list needs to set forth the full name of the potential witness, their address, their phone number, and brief statement about what they would say if called to testify.
Then, the case usually goes into discovery or into mediation depending on how complex the issues are between the parties. In this case, our client will likely not need to do any discovery. Once disclosures are provided, the next step is to attend mediation. We have various mediators that we have used over the years and there are several that are very competent. Most cases do resolve in mediation or prior.
If the case does not successfully conclude in mediation; then, the case is prepared and goes to trial.
This case is pretty straight-forward. Based on the facts alone, the father should be paying child support.
If you need to change the terms of your divorce decree, give us a call and we’d be happy to help you.
Thanks for reading this blog post.
We look forward to working with you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 876-5875
The quick answer is yes – but that isn’t entirely true. You see there are many different options to explore before you simply say yes.
Let me explain.
The general answer is that you have to divide your 401k or retirement plan.
Is it a 50/50 split?
Maybe.
In Utah, we follow the Woodward formula. This essentially means that a spouse is entitled to receive one-half of the increase of a retirement account.
Let me give you an example.
If you were married for 20 years and your 401k account increased $100,000 then your spouse will get half of the increased amount if you were to get divorced. In this case, that would be $50,000.00.
If the account when down, then you might not have to pay anything to your spouse because there was no increase.
You actually should speak with an attorney on these types of issues because they are important and you want to protect your rights.
The reason I said maybe above is because maybe you don’t have to split your 401(k) account.
Watch this video for more information:
As you can see after watching the show, you can negotiate the terms of your divorce case. This can be done directly with your spouse, where you agree on all of the terms of the decree or you can attend mediation.
When you do a mediation with an attorney from our office, you will go into a separate room and your spouse goes into a separate room. This is also called shuttle mediation. The mediator is an independent third party negotiator. The mediators we use are trained and some are former judges. The mediator goes back and forth from your room to your spouses room and attempts to get both parties to settle and agree on an outcome in your case.
Most of the time, mediation is successful. If some issues are not resolved in mediation, then those issues can go to court.
Usually, we have clients negotiate for the things that are most important to them. For example, if your 401K plan is the most important thing to you; then it might not be the most important thing to your spouse. You can offer your spouse what they want so you can get what you want. This doesn’t always work, but it can be an effective strategy to employ in mediation.
That’s why I think its a maybe – because sometimes using the tools available to you, you can win.
If you attend mediation with a lawyer, you will be able to protect your rights and usually get the things that are most important to you in your divorce.
When you go to mediation, don’t just focus on your most important item. Be sure to also address credit cards, debt, child support, alimony, cars, the house, child custody, etc. Don’t leave anything out. The more you can take care of, like your retirement account, the better you are.
Remember, no one gets divorced in a minute or in a day. There is at least 3 months you have to wait, so during the waiting period, go to mediation and protect as much of your 401(k) as possible.
We do offer a free initial consultation on family law issues – so if you are getting divorced, or know someone who is, send them over by having them call us at 801-676-5507.
Ask us questions and we’ll answer in a blog post or video post.
Come back soon.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 876-5875
SEO by Jeremy Eveland. This blog post is not legal advice. Please contact an attorney to discuss the specifics of your legal matter.
There are essentially five things that you need to understand when you get divorced.
Although everyone would love to have a perfect marriage, when you deal with a hard situation like separation or divorce, you ought to need to take everything with a grain of salt.
Usually divorce goes bit by bit and not instantly – but that’s not always the case.
1. In Utah, the law on divorce differs from other states. They differ mostly on the disposition of properties; how assets and debt are divided, child custody, length of separation, and the general process for getting divorced.
2. Nowadays, an uncontested divorce, also called a “no-fault” divorce has become much more popular and typical among spouses who get divorced in Utah. Most of the time, blame is a game that doesn’t need to be played when it can get expensive to pay lawyers to fight in court. Under a no fault divorce, things can proceed somewhat quicker than in a fault case. The expense and time can also become more cumbersome if you have minor children. Child Custody is always something that courts will look at more carefully in a divorce case.
3. In Utah there is a 90 day waiting period. During the period of divorcing, the couple opting for divorce must wait for 90 days from the date the divorce petition was filed with the court before the judge will sign the final decree of divorce. Don’t expect to get re-married right away… although if you need to, we can file a motion and very likely get you divorced quicker. Give me a call if you want more information about this.
4. Don’t assume that your spouse won’t fight you. We took on a case just last week where the husband assumed that his wife was going to play nice in the divorce. Surprise! This week, her attorney filed a lengthy motion and is trying to get sole custody; rather than the joint custody situation they were planning. Don’t ever think it’ll go easy until it’s done and over.
5. If you are dealing with a divorce now, you should consider getting a second opinion if your gut tells you something is wrong. Look, normally, cases get done in 4-6 months. If your case is taking 12 months or more, you either have a stubborn spouse who doesn’t want to get divorced or you’ve got a ton of money and property to fight about. Usually no fault cases are done in 4-6 months. If it’s going longer than that, you should think about getting a second opinion. Call us at 801-676-5507 and see if we can assist you in getting your divorce ended sooner.
Please also watch this youtube video:
Guardian Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 676-5506
Fax:(801) 676-5508
You know, sometimes things go absolutely perfectly in court. Let me give you an example.
About a month ago, my client and I went to court. This was for an evidentiary hearing. An evidentiary hearing is when witnesses take the stand in the courtroom and evidence is presented to the court and testimony from witnesses is provided.
My client was a little nervous. He had only been in court once time before. He was now going to testify.
I called my client as a witness. He testified about the facts of the case. We outlined every element of our case.
The judge then heard from the other side. The judge actually considered a continuance of the hearing. A continuance is when the judge post-pones the hearing to another date and time. The reason the judge wanted to continue the case was because the judge thought that there should be other witnesses about other issues that he should listen to. I promptly notified the judge that, that was not a good idea. In fact, I informed the judge that the other potential witnesses could not provide any further relevant evidence than the information the judge had already received directly from the parties themselves.
The judge ultimately agreed with me and, instead of ruling at that very moment. The judge took the matter under advisement. What that means is that the judge would think about it, maybe do some additional research on the issue, and in the coming weeks, the judge would make a ruling. It is rather uncommon for a judge to do that. Most judges make decisions right away; however, I’ve never been opposed to a judge taking their time and making sure they get the facts and law correct in issuing the court’s decision.
That was nearly 30 days ago and today, the judge issued the decision.
We won.
Not only did we win, but the judge even awarded our client attorney’s fees and costs! That is a major win in my book. Our client has received a 5 figure award based on our work.
I cannot tell you how gratifying it is to win big for our clients. There are never two cases that are exactly the same. There are some cases that mediate and settle quickly. There are other cases that resolve slowly over time. This case has been going on for way too long because the other side delayed the proceedings longer than they should have.
Our client is happy and excited at this victory. I though you should hear about this success as well. We try to focus on education and providing you with answers to your questions in the articles and information we put out. We obviously keep our client’s confidences. They don’t want their private information posted everywhere. So that is why the information contained in here is somewhat vague. We will be posting some more testimonials in the next month or so.
In the meantime, please drop us a line or call us if you have any questions or concerns. We want to help you with your divorce or child custody case. Yes, we do all types of family law and even adoptions.
Thanks for visiting.
Call me when you are ready to move forward in your divorce in Utah 801-676-5507.
Divorce in Utah
Guardian Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 876-5875
Thanks for coming back to visit us to learn about divorce in Utah.
Yesterday, I was asked the question: How Do I File for Divorce From a Common Law Marriage in Utah?
In order to properly answer this question, we need to be very extensive because in order to get divorced, you have to be married. Let me explain:
There is no such thing as a common law marriage in Utah. It simply doesn’t exist. However, you can file a case in Utah and ask the court to make a decision that you have entered into a marriage-like relationship. In order to do that, you need to provide evidence to the court that you are in fact, in a marriage like relationship. This means that you have commingled your assets. You have purchased a home together for example. You have put each other on your bank accounts. You have joint cars. You are both on your phone bill and cable bills. You tell other people that you are married. You both wear wedding rings. There are many other things that you can do to show the court that you have a marriage like relationship.
Once the court enters an order that you have a marriage like relationship and orders that your relationship is a marriage, then you can proceed in court to have assets divided up, child custody and child support awarded, alimony or spousal support awarded and any other issue that would be determined in a regular divorce case.
Retirement assets, investment accounts, business ownership, and all other types of assets would also be subject to a determination that you were in a marriage like relationship. Debts would also be covered in this type of proceeding. Credit cards would need to be divided up, medical bills, dental bills, car loans, etc. would all needed to be extinguished by the parties through this divorce process.
Even though the term common law marriage does not exist in Utah – there is a marriage like relationship which the Utah courts to recognize if you have evidence of it and you can get divorced under these circumstances.
If you are ready to get a “common law” divorce, please give our office a call 801-676-5506. We would love to be able to assist you in this and all of your family law related matters.
I hope you have found this article informative.
Thanks for visiting.
common law divorce
Guardian Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 876-5875
Today I was asked about the Utah Divorce Process. Most people know that divorce is different in each state. For example, Utah has s a much different divorce process than in the State of Nevada or California.
So, if you’ve lived in Utah for at least 3 months, congratulations, you can file for divorce in Utah because your meet the jurisdictional requirement. So what is the process of divorce in Utah? I’ll outline it for you:
The first step is to draft and file a petition for divorce with the district court in the county where you have resided for the last 3 months. The petition is also called a complaint by some and it is essentially a lawsuit against your husband or wife to end the marriage relationship. Utah law sees the marriage as a contract that needs to be broken and terminated.
In the petition, you need to outline everything that you want to see happen in the divorce case. You also need to outline how the court you are filing in is the proper forum to hear the case. You need to list any kids that you have together, if any. If you have children, child support and child custody are issues that must be addressed. You need to put down your assets and how they are to be divided as well as any debt or other financial obligations. Once the petition has been drafted and filed with the court, you also have to file a Utah Vital Statistics form.
You then need to draft a summons and have the petition and summons served on your spouse. This has to be done by a person who is over the age of 18 and not interested in your case – meaning they aren’t related to you. Once your spouse is serve, a return of service, also called an affidavit of service, is filed with the court.
Here is a brief video that explains the process –
In Utah, there is a 90 day waiting period before a judge will sign the divorce decree and finalize your divorce case.
If your spouse files a response to the petition, also called an Answer, then the court will issue a scheduling order and then the discover process starts.
Most cases do go to mediation if the case is not resolved between the parties. After the discovery and mediation process is done, then the case can go to trial and the judge will enter a divorce decree based on the outcome at trial.
I believe that this information gives you a general outline of the entire Utah divorce process. There are all sorts of complexities that can show up in a lawsuit for divorce. This is why you are always best advised to meet with a family law attorney who regularly goes to divorce court.
If you’ve found this information helpful, please leave us a comment.
If you have other questions, please let us know and we’ll do a video or blog post about it. We want you to understand divorce and, if you need an attorney, I would hope that you’d give me a call to discuss your case. We do offer free consultations. Call me 801-676-5506
Thank you!
Utah Divorce Process
Guardian Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 876-5875
Since the last post was on the topic of custody, specifically legal custody in the State of Utah – today I wanted to address the question:
What is Physical Custody?
Physical Custody is where the child spends the night.
I know, often times we think that Physical Custody is where is the child right now, physically – or where does the child spend most of his or her time? Which parent has more “time” with the children?
Not so.
The only question is where do the kids go to sleep at night? Do they sleep at grandma and grandpas? Do they sleep at dad’s house? Are they sleeping in their rooms with mom? Those are the questions.
When it comes to Physical Custody we look at how many overnights are at which household. There are 365 days in a year. If you want to have a joint Physical Custody situation – then someone gets 182 overnights with the kids and someone else get 183 overnights. Whomever has the most overnights wins.
I want sole custody.
Okay, if you want sole Physical Custody of the children, you need to have more than 255 overnights with the kids per year. If you do that, you have what we consider sole physical custody of the kids. The moment someone else gets 111 or more overnights per year – we are now looking at a joint physical custody situation.
Of course, Sole Physical Custody can also be many more overnights per year that 255 – but that is the starting point. We have been involved in cases where one parent has about 15 overnights per year. Now that’s hardly anything. Minimum standard parent-time gives you every other weekend and one night a week.
I hope this has been helpful when it comes to overnights and Physical Custody.
If you have other questions for us, please give us a call 801-676-5506. We look forward to helping you!
Family Law Attorney Salt Lake City Utah
Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875
I had the most interesting question today about legal custody.
So what is legal custody?
Legal custody is the ability to make legal decisions on your child’s behalf. When you child is a minor, you, as a parent, can make (1) medical decisions on your child’s behalf; (2) you can make religious decisions on your child’s behalf; and (3) you can make educational decisions for your child.
That is what legal custody is.
If you are in a divorce proceedings or a child custody/paternity proceeding, one of the many issues before the court is: who should be awarded legal custody of the minor children.
In Utah, the legislature has enacted Utah Code Section 30-3-10 which states that there is a rebuttable presumption that joint legal custody is in the best interest of the child. The ways you overcome a joint legal custody situation in Utah is by showing:
(a) domestic violence;
(b) special mental or physical needs of the child or parent which makes joint legal custody impracticable;
(c) physical distance making joint legal custody too difficult; or
(d) any other good reason not to order joint legal custody.
Question: Do you want to fight about Legal Custody?
Answer: Maybe. It really depends on your specific situation. You may want to because your ex-spouse might be extremely difficult to deal with. If that’s the case, you should fight. Has your ex been abusive? Then you should seek sole legal custody. Every event in your life that has led to the decision to divorce will help you know which route you should pursue in your divorce case.
When you are ready for divorce or need help in your case, give us a call 801-676-5506 – we are happy to help you with your legal custody questions.
Thanks for visiting and we hope to see you back soon.
Utah Divorce Lawyer
Mike Anderson
Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875
On Friday of last week, I sat down and met with a client. The first words out of her mouth were – how do I get a divorce for a drug addict husband?
My first thought was: “wow”
My second thought was: “that sucks”
My first statement was – the same way you get a divorce if your husband wasn’t a drug addict.
Here is a YouTube video that I’ve posted about the process of divorce in Utah.
The process for divorce in Utah all begins with preparing and filing a petition for divorce with the District Court in the County where you have resided for the last 3 months. If you have children, it should be where the children have resided for the last 6 months.
In the petition for divorce, you need to set forth all of the different things that you want to happen in your divorce case. For example, if you want a specific car, you should put that in the petition. If you want the house, you should put that in the petition too.
Think about all of the things you need to address in a divorce case:
1- actually getting the divorce.
2 – children? how will that be addressed?
3 – real estate?
4 – personal property?
5 – bank accounts?
6 – investments or retirement?
7 – debts?
8 – if you have kids, who gets to claim them as dependents on your tax returns?
9 – child support?
10 – spousal support or alimony?
11 – did you own a business?
You see, there are many different issues that need to be addressed. I always recommend that the first thing you should do is call a good divorce attorney to talk about your specific situation so you can get the best advice for your circumstances.
If you are ready to file for divorce or need help modifying a divorce or child custody situation, give me a call 801-676-5506. I’d love to chat with you and help you with your case.
Thanks for visiting – we’ll see you soon.
how to get a divorce in Utah
Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875
Credit card Debt is something that most couples carry before, during and after marriage. It is something that our modern society uses on a regular basis. Many people no longer keep track of how much they make, but they simply use their credit cards to purchase the things that they need when they need them. This can cause problems when a couple comes to the point of divorce.
Who should pay for the credit card debt?
Can I still use our joint credit cards to pay for living expenses? Think about gas and groceries. What about diapers for the children? All of these things become an issue during divorce.
Essentially, what happens is that joint credit cards should not be used anymore. You should take out new credit cards for you personally and you should only use those. This keeps you from incurring new joint debt. In Utah, joint credit cards that were used for the marital estate should be divided equally. If one person used the credit card to purchase something just for themselves there might be an exception to that rule; however, the common general rule is that each person will pay one-half of the jointly incurred credit card debt.
Both you and I know that everything seems to fall part once a marriage hits the rocks. Every bit of reconciliation fails and divorce seems to be the only way out. If everything – both financial and other aspects – is settled before parting ways, then we can say – all is well that ends well. But if the separation is not so amicable and there is some sourness left somewhere in terms of an unsettled financial debt, things can turn both ugly and complex.
One such difficult situation arises when one of the partners incur a credit card debt, and the credit card debt after divorce assumes the form of a Damocles sword in the form of collection people, constantly nagging either of the ex-spouses to settle the due. The situation is a bit tricky here because whether the person who incurred the debt or the other ex-spouse has the real responsibility of making the payment is still not defined clearly by the law. The situation gets more complex when it comes to joint accounts. But let us see the credit card debt after divorce now.
Credit Card debt after divorce – mostly in joint credit cards – is generally seen by the creditors as the joint responsibility of the couple. So even if you get a divorce decree in place, the creditors meaning the cred card company that you owe money to will not really accept the decree. This is why it is very important to have joint accounts closed as soon as they are paid off. Actually the spouse who didn’t incur the amount is not liable to pay, but the credit card company may seek payment from both the parties as they care only about the money due to them. What settlement had been reached after divorce is of little interest to these people.
One may think that closing out the joint credit card accounts from your marriage is a solution to all these problems. However, if you have debt on the joint credit account, you have to pay off that account in full before you can close it. Even if you have settled your divorce case completely and your ex is supposed to pay it in full – you are still on the hook if the debt has not been paid in full and if the account is not closed. Usually, if you have a great divorce lawyer, they will put language into your divorce decree that specially states that neither you nor your ex can use any joint credit accounts to incur any new debt. This way, if your ex tries to do something nasty, you can hold your ex’s feet to the fire with an order to show case proceeding. Call our office for more information about this.
If you have a responsible spouse, well this will work. But the fact is that the account does not cancel itself until somebody makes the payment. Also, after divorce, it is legally not practical to divide the debts. Hence these are some practical solution, from best to worst.
– Sell any joint asset (say, home) and pay the debt and close the account. It is a classic example of killing two birds with a stone.
– Separate credit cards can be a better option in such a situation. After applying, get the dues transferred into individual cards, divided according to your own logic or the way you spent.
– In this regard, if one of the spouses is not qualified to get a card, get one of the relatives to cosign the card before transferring the share of balance.
But, rather than being through this ordeal, the best option is to get yourself everything settled before divorce. It is always a pain to go behind all these joint issues when you are about to start a new life. When you are ready for divorce, or if you need to modify an existing divorce case, give our office a call. We are happy to help you.
credit cards in divorce
Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875
Yesterday, while meeting with a client about a divorce, I usually ask the question at then end of our meeting, if there was anything else I could answer or help him with.
His response was: “do you know a good bankruptcy lawyer?” – Well, yes, in fact I do… we do bankruptcies in our office! Of course with 4 lawyers in the office, we cover a wide range of legal cases. From divorce and custody battles to even chapter 7 and chapter 13 bankruptcy cases.
I have often found that divorce and custody cases can place a financial toll on people. Obviously, if you have little kids you should fight to protect them and take care of them. You also shouldn’t just walk away in a divorce case and give the other side everything they want — that can often lead to disaster.
I’ve seen time and again cases where one spouse just gives up and they can not only lose hundreds of thousands of dollars, but custody of their children as well. Point being – don’t give up.
If you are having a financial hardship you should not only speak to your lawyer about it, but you should talk to your mom, dad, brother, sister, aunt, uncle, cousins, and close friends. I’ve seen many families come together and help each other in tough cases such as these.
You know, sometimes life can be hard, difficult even, just to get through each day. Hardships come to each of us in different ways. No one is immune from having marital trouble or financial trouble.
One of our clients was diagnosed with cancer recently. She’s 54 years old. Her children are all grown, but cancer can costs tens of thousands of dollars to battle, even if you have o.k. insurance. Her husband lost his job due to no fault of his own – the company he worked for downsized. They were smart though, they had saved some money and put some away into retirement accounts as they went along through life. Well, their savings got them almost 2 years before they had to file for bankruptcy.
It’s a part of life sometimes. You just can’t pick and choose what trials come your way.
So, yes, if you need divorce and bankruptcy help, you’ve come to the right place, you should give us a call for your free initial consultation. We are happy to help you and lend a caring hand and heart to your troubles.
If you want additional information about Chapter 7 Bankruptcy or about Chapter 13 Bankruptcy you can click on those links and read an interview that I did on the main differences in those types of cases that are found on that website.
I hope that you found this information helpful. Remember, don’t quit, don’t give up. When the tough times come, make sure that you do your very best to pick yourself up and move forward.
We are here to help you do that.
Thanks for visiting and we’ll see you soon.
divorce and bankruptcy
Michael R. Anderson, JD
Attorney and Counselor at Law
Phone: 801-676-5506
http://ow.ly/n7NB304fpTk What Should I Do If DCFS has begun an examination versus me?
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I have fees versus me from DCFS, I have court quickly. DCFS has removed our youngsters from my treatment and I require help. What ought to I do.
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Take a deep breath. Even if an instance has been submitted does not mean that you will certainly lose your children permanently. Every DCFS instance is various and the most important point that you can do is obtain a DCFS lawyer to represent you immediately. You should obtain help. You need to refrain this alone. Thats could be going on in your instance be extremely vast. At the start of the investigation, before an instance is commenced, there is typically a treatment plan that will certainly be produced for you from DCFS. If you authorized this plan as well as agree to it, your lawyer would need a copy of it when you could get it. Your lawyer additionally should obtain any type of and also all info regarding your situation. The attorneys will need a copy of the legal action papers. Obtain those with each other and also get them over to us to review when you can. DCFS instances could be intricate, so you should move rapidly. We are right here to help you.
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How does DCFS acquire custody of a child?
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1. Warrant: The Juvenile Court court could provide a warrant to remove a child from their house since DCFS demands the warrant throughout a child abuse/neglect examination.
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2. Emergency situation Situations: In emergency scenarios, DCFS or law enforcement can remove without a warrant if they determine the child would certainly not be safe staying in the treatment of their moms and dads or caretaker.
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3. Court Ordered: The court could get custody of the child to DCFS due to the fact that there is a threat of damage to the child or the child is ungovernable or has actually committed delinquent acts. In these scenarios, parents are alerted in the court hearing that their child will certainly be eliminated from their custody.
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4. Voluntary Adult Approval: The parent voluntarily authorizations, in creating, to the removal of the child. This takes place when the parent feels they are not efficient in caring for the child.
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How much time do I need to obtain my youngsters back?
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Despite just how DCFS acquires custody of a child, the following standards from Utah State Law must be met:
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For a child 36 months old or younger, the parent/guardian has 8 months to show they have made substantial initiatives to follow the child as well as family members plan in order for the child to be gone back to them.
For a child 37 months of age or older, the parent/guardian has 12 months to show they have made substantial initiatives to abide by the child and also family strategy.
At eight or 12 months (depending on the age of the child), the adolescent court is called for to hold a court hearing, called a “permanency hearing,” in order to establish whether the parent/guardian has actually made considerable initiatives to adhere to the child as well as family plan.
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The court will also identify whether the child’s key objective will certainly continue to be reunification with the parent, or whether it will certainly alter to one more alternative.
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At the permanency hearing, the judge may enable as much as a 90-day expansion (to proceed pursuing reunification) to the parent if they show considerable efforts to conform and also DCFS records that reunification in between the child as well as parent is probable within the 90 days.
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In no event might any type of reunification services extend beyond 15 months from the date the child was initially eliminated.
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If the time gaps and the court finds that the family has not made enough progression with the child and household plan, choices for the child include:
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Fostering
Guardianship approved to a loved one or various other celebration
Retention captive while DCFS pursues one more irreversible arrangement
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Just what is a DCFS delinquency situation?
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In some cases, a court could purchase custody of a child to DCFS when the child has been brought on trial on delinquency fees, but the judge does not really feel the concerns climb to the degree of putting the child in the juvenile justice system. The judge could really feel that the child and household would profit much more from support as well as services offered by DCFS instead of JJS.
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JJS could not take custody of a child under the age of 12. A court might get custody of a child under 12 to DCFS. When this happens, DCFS provides replacement treatment of the child for factors of misbehavior as opposed to misuse or forget.
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Timelines for reunification between the child and the moms and dads do not apply on delinquency cases similarly they carry out in situations of abuse and also forget. The child will certainly be returned home when they have actually shown they have actually made substantial progress taking care of the problems that brought about the delinquency charges and they can securely continue to be in the residence.
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If you want a 5 star rated DCFS and child custody lawyers in Utah Pick up the phone and dial 801-676-7309 — address : 8833 S Redwood Road, West Jordon, Utah 84088
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The Absolute Best DCFS Child Custody Lawyer in Draper UT is here to help you in your lonely situation. Let me know if you found this video useful.
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This video is for you if you need the most aggressive child custody lawyer in West Jordan Utah and how to contact him.
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#FightDCFSÂ This applies to you if you live in South Jordan, Bingham Canyon, Pepperwood, Cottonwood Heights, Salt Lake City, Sandy, Taylorsville, Midvale, Riverton, Draper, Copperton, West Jordan, Magna, Alpine, Lehi, Tooele, Murray City, North Salt Lake, Bountiful, Woods Cross, Lindon, Centerville, Orem, Park City, Farmington, Provo, West Valley City, Sandy City, West Jordan, Kaysville, Layton, Syracuse, Clearfield, Hill AFB, or Grantsville.
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Click on this link to hear from the best DCFS Lawyer in Utah.
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Guardian Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah84088United States
Telephone: (801) 876-5875
If you are here, you are very likely interested in the Alimony Calculator Utah and to be honest, there really isn’t one.
Today I was asked about the alimony calculator that we use in the State of Utah. What’s amusing about that is that we do not have an alimony calculator in Utah. We simply figure out if one spouse has an economic need and also if the various other partner has the capacity to meet that financial requirement. That is the test that the court commissioners as well as courts make use of in Utah when they identify whether alimony is ideal. The very best point to do to figure out whether you will certainly get spousal support in your divorce instance is to submit as well as finish an economic statement kind. As soon as that is filed out, we can identify whether you have an economic need monthly. If your expenses every month are more than your revenue, you have a monetary need. The next action is to make certain that your partner can satisfy your requirement by paying you spousal support each month. We’ll check out his monetary statement to determine that.
When a married couple gets a separation, the court might honor “alimony” or spousal support to one of the previous partners, based either on an agreement between the couple or a decision by the court itself. The following is a conversation of the essentials of spousal support as well as spousal assistance. For even more basics on spousal support, call the law firm listed in this short article. They will certainly offer you a free examination on spousal support in separation instances.
Why Spousal support?
The function of alimony is to limit any kind of unjust economic impacts of a divorce by supplying a proceeding earnings to a non-wage-earning or lower-wage-earning partner. Part of the reason is that a person partner may have opted to forego a job to sustain the family, and requires time to create task skills to sustain his or herself. Another purpose might be in order to help a spouse proceed the criterion of living they had during marriage.
How is the Quantity of Spousal support Determined?
Unlike child assistance, which in most states is mandated inning accordance with very details financial guidelines, courts have broad discretion in determining whether to honor alimony and, if so, how much as well as for how long. The Attire Marital relationship and also Separation Act, on which several states’ spousal support laws are based, suggests that courts think about the list below factors in choosing concerning spousal support honors:
The age, physical problem, emotional state, as well as economic problem of the former spouses;
The size of time the recipient would need for education and learning or training to become self-sufficient;
The pair’s criterion of living throughout the marriage;
The size of the marital relationship; as well as
The capability of the payer spouse to support the recipient and also still support himself or herself.
Always remember about the previously evaluation I explained over that is pointed out about monetary demand. If you can’t show an economic demand, you will not obtain spousal support.
Spousal support as well as Support Orders
Awards may be tough to approximate, whether the payer spouse will comply with a support order is also harder to assess. Alimony enforcement is not like child-support enforcement, which has the “teeth” of wage garnishment, liens, and other enforcement devices. The recipient could, however, go back to court in a ridicule continuing to compel repayment. Due to the fact that spousal support could be granted with a court order, the devices readily available for implementing any court order are offered to a former spouse who is owed spousal support.
For how long Must Alimony Be Paid?
Spousal support is frequently considered rehabilitative which indicates that it is bought for just as long as is essential for the recipient partner to get training and end up being self-supporting. If the separation decree does not define a spousal assistance termination date, the repayments have to continue until the court orders otherwise. Many awards end if the recipient remarries. Discontinuation after the payer’s fatality is not necessarily automatic; in instances where the recipient spouse is not likely to acquire lucrative work, due possibly to age or health factors to consider, the court could order that more support be given from the payer’s estate or life insurance policy earnings.
You should watch this video about alimony in Utah where I explain how it works:
Alimony Trends
In the past, many alimony awards offered settlements to former other halves by previous spouses who earned all the money in the household. As the culture has actually altered, to ensure that now most marriages include 2 wage earners, females are viewed as less reliant, and guys are most likely to be main parents, the courts and spousal assistance awards have kept pace. An increasing number of, the custom of guys paying and also females receiving spousal support is being deteriorated, as well as orders of alimony payments from ex-wife to ex-husband are on the increase.
Free Legal Instance Review from a Household Law Lawyer
The issue of spousal support will certainly show up in many divorces, whether with out-of-court settlements, or in a separation test. In order to understand your options, you need to talk about the opportunity of paying or receiving spousal support with a separation attorney in your location today. An experienced separation attorney will review your situation at no first cost to you.
Call us today 801-676-5506 for your free initial consultation.
Thanks for visiting.
Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088 United States
Telephone: (801) 876-5875
In Utah, the vital estate preparing files are a revocable living trust, a last will as well as testament, a general long lasting power of attorney and a healthcare directive. These 4 files constitute the crucial estate preparing papers. Now, certainly you might need additional documents depending on your specific situation. If you have a child that is disabled, you may require a special needs trust to shield that child’s government benefits in the future. If you have a child that make poor choices and would blow their entire inheritance; then, you ought to consider a spend-thrift trust as well as have a separate trustee. There are lots of points that could make an estate strategy complex and also points you could do to earn it simple. Each scenario is various so what works for one pair highly likely may not help another. For this reason you need to meet with a skilled lawyer who concentrates on estate planning in Utah. For a cost-free initial assessment, please contact our office. We would enjoy to address all your questions and also take you with the whole process. Watch this:
When the estate strategy is applied, you either have to maintain your lawyer as the manager of your trust or you need to do it on your own. If you don’t keep your trust and also estate plan functional, it might not be effective when you require it most – after you are gone. If you have an irreversible life insurance policy trust, certain procedures will be called for to ensure that the desired tax obligation outcomes will be understood. Yearly insurance coverage premiums have to be paid from certain funds as well as not other funds; notices have to be sent to beneficiaries every year; and so forth. If you do refrain from doing what you should in order to maintain the insurance coverage rely on conformity with the law, you will certainly get penalize as well as ultimately, whatever could fall apart after you pass away.
Whatever advanced estate preparation method you have actually taken on, you ought to ask your lawyer to offer you with a listing of things for which you are accountable for. Just the most standard of estate plans call for little initiative to keep in conformity. The reality is – you or your legal representative must keep every little thing in compliance with the law to avoid troubles.
Furthermore, you could think that a particular estate planning strategy could be reversed if it does not end up the way you assumed it would. We have actually seen this take place a few times in our office. While some entities, like an LLC, firm, partnership and also restricted partnerships could be dissolved, various other entities, like unalterable trusts, often could not. Likewise, when a gift has actually been finished, it usually can not be revoked. When you get rid of a possession, occasionally it is impossible to transform exactly what you have actually done.
Unforeseen situations usually occur after a client completes an estate planning purchase. For instance, you might choose to place your home in a Certified Personal Home Trust, positive that you will not be selling the residence for many years. If, nevertheless, you later make a decision that you should sell it prior to the term has actually ended, you will get irritated at the complexity that is associated with doing that transaction. This is one of the main reasons you should have a really good lawyer in your corner.
Before completing an estate plan, you must constantly ask us whether you could reverse what you have done.
You should contact aggressive estate and probatelawyer in Utah who also does trusts Call if you’re ready 801-676-5506 – the address : 8833 So. Redwood Rd, West Jordan, Utah 84088
Top reviewed memory loss Lawyer in Tooele UT is here to aid you in your trying case. I think we did a good job in this video explaining that you need estate Planning now.
#UtahEstateLawyer This applies to you if you need estate planning in South Jordan, Bingham Canyon, Pepperwood, Cottonwood Heights, Salt Lake City, Sandy, Taylorsville, Midvale, Riverton, Draper, Copperton, West Jordan, Magna, Alpine, Lehi, Tooele, Murray City, North Salt Lake, Bountiful, Woods Cross, Lindon, Centerville, Orem, Park City, Farmington, Provo, West Valley City, Sandy City, West Jordan, Kaysville, Layton, Syracuse, Clearfield, Hill AFB, or Grantsville.
I was asked today, what is family law and what does a family law attorney do?
Great questions.
Family law includes pretty much anything and everything that has to do with the family as it relates to the law. Think of marriage relationships and parent child relationships and grandparent relationships. Anytime there is something that happens with regards to those rights, a family law attorney is where you need to go.
Some of the more common things that people think about when they think of family law is:
Divorce
Child Custody
Child Visitation Rights
Grandparents’ Rights
Adoptions
Guardianship
DCFS cases (Utah Department of Child and Family Services)
Domestic Violence cases
and Restraining Orders.
All of these main types of cases exist in the family law arena. Now, there are other types of cases that we do that include family law, these are just the main areas and those that you will hear about all the time.
Think of divorce cases. There are also what we call annulment cases. A divorce is when a married couple dissolves the bands of matrimony that bind the couple together legally. In essence you have to go to court and the court, by a Decree of Divorce will terminated or end the marriage. As a part of divorce, the court will divide assets and debts, if there are minor children, address what is in the best interests of the children as it relates to custody and parent time. The court will address all of the other corresponding issues relating to the marriage in a divorce case.
However, an annulment is different than divorce. An annulment is when we have the court declare the marriage null and void. Meaning that the parties technically were never married. It undoes the marriage in reverse. Legally speaking if your marriage is annulled, then it is just like you were never married. Your legal status would be “single” and not “divorced.” Depending on the facts of your case, you may or may not want to get divorced and you may prefer an annulment. Not everyone can qualify for an annulment, so it is best to speak with a competent family law attorney to discuss this type of situation.
Here is a video that discusses annulment:
As to the other areas of law, I hope to address each one in detail in a future blog post. The most important thing you need to know is that if you need legal help in your family, you should call a Utah attorney who regularly does family law. Our law firm has several competent attorneys who are in court each week doing these types of cases. Families are the most important things to us – it makes sense you’d want to do whatever you can to protect your family and your loved-ones.
For more information about Divorce, Child Custody, Child Visitation Rights, Grandparents’ Rights, Adoptions, Guardianship, DCFS cases , Domestic Violence cases or Restraining Orders. Please give me a call. I’m more than happy to help you and your family to the best of my ability –
So, I met with a new client this morning about their custody case. I love meeting with new clients and helping them through the maze of divorce, child custody. and asset division. As an attorney, it’s one thing that I do where I feel like I truly help people.
You’ve had that feeling before, right? Where you help someone? You feel good?
That’s one of the main reasons I do divorce and custody work.
I want to help you.
So, here I am in this consultation this morning.
Very nice lady I’m meeting with.
And she says she wants sole legal custody.
I ask: Why do you want sole legal and not joint legal custody?
….. crickets …..
She had heard that was what she should ask for.
I went into detail what Legal Custody is and means.
Legal Custody in Divorce and Child Custody cases covers 3 things:
1 – ability to make educational decisions for your child.
2 – ability to make medical decisions for your child.
3 – ability to make religions decisions for your child.
Please note that this is not physical custody. Physical custody is literally where the child sleeps at night.
It is very possible for one parent to have sole physical custody and for both parents to have joint physical custody.
Now – I know that some people really do not want their ex-spouse to be able to make these types of decisions with them for their child. Perhaps their ex-spouse was abusive; rude; or obnoxious. Perhaps the ex-spouse lacks good critical thinking skills or common sense.
However, in Utah, it is presumed that the parties to a divorce or custody case should have joint legal custody of their minor children.
That presumption can be overcome.
You should also know that if your ex-spouse is difficult or impossible to deal with. Then you will surely want to get sole legal custody of your kids. Because the moment an educational decision needs to be made – BOOM! – there will be trouble. Then you’ll have to go to mediation or court and fight it out.
The best thing in divorce and custody cases is when the parties can be kind to each other — it does happen sometimes, but doesn’t happen all of the time.
You know your specific situation.
You know whether there will be a fight out religion or a medical decision like braces comes about. You really don’t want to fight about it all of the time.
Eventually, all children grow up and get older. Your kids will see how you act towards your ex-spouse. Hopefully it will be good. If you know fighting is around the corner because your ex still wants to control you or control the family, etc. Then you need to take precautions now and ensure that you ask for sole legal custody rather than joint.
If you’re not sure what to do, talk it out with your divorce lawyer in Utah.
Your divorce attorney will be able to help you determine whether to ask for joint legal or sole legal custody for you in your specific circumstances.
Do you have other questions or concerns about divorce or family law in Utah?
Give us a call for a free consultation:
801-676-5506
Enjoy your day and thanks for reading!
Utah Divorce Lawyer
Mike Anderson JD
P.S. – If you want to read up on the statute, take a look at Utah Code 30-3-10.1 for the definitions of joint legal custody and joint physical custody. You might be surprised what you discover.
TL;DR – joint legal custody in Utah is different than joint physical custody; make sure you know what you want in your divorce or custody case.
A lot has happened over the last few years that makes me want to put a post up here about answering questions.
We love answering questions.
In fact, many of our youtube videos are based on answers to questions that our clients ask us about divorce and child custody in Utah.
Whether you have a question about Father’s Rights or Mother’s Rights when it comes to child; when you have questions about the divorce process or how custody works, you can always visit the youtube channel just click on the link below:
There should be plent of information there for you to review.
This video here is one of them:
As we all know, Divorce can a tough time you everyone’s life – that is why you need the best family law firm that fights for Utah parent’s rights!
We honestly hope to make it easier for you and your family.
Our Utah divorce attorneys focus entirely on divorce and family law issues, including child custody, paternity, adoptions, guardianship, and modification.
We offer legal representation throughout Utah.
Our divorce attorneys are committed to delivering the absolute best result possible, and we fight to be someone you can count on in your time of need. We care, and you know we care, after your first call with us.
To schedule your Free Consultation appointment, please call 801-676-5506.
Please drop us a line or call with your questions – all the best –
Undergoing a separation could be a psychologically challenging procedure. Make sure you get the best Utah Divorce Lawyer there is. Additional to this the intricacies of the legal system and the procedure could start to appear overwhelming. It doesn’t constantly have to be this means. The key is to remain positive, produce a plan, and also adhere to it. You have to discover your rights, as well as the most effective way to learn them is by hiring an experienced divorce attorney. You must seek a lawyer who will pay attention to you, sustain you, and will be there for you when you require it.
When applying for a separation, several various legal problems should be solved, such as just how building will be split, whether spousal support is ideal, and that will have custody of the children as well as that will pay child assistance. Because of the numerous different legal problems involved in a divorce, it is constantly best to hire a lawyer to assist guide you through the legal process. While the legal issues associated with any given case will certainly depend upon the facts of that details case, here is a general overview regarding ways to go about applying for separation when there are no children involved.
If you need aggressive child custody attorney in Utah Give us a call 801-676-7309 — address : 8833 So. Redwood Road, West Jordan, UT 84088.
Step One: Petitioner Finishes the Records
The first step in any type of separation case begins with completing papers. The petitioner (the person looking for the separation) will certainly be the one to submit the files to obtain the procedure began.
The first records that the petitioner should complete include the following: (1) Request for Divorce; (2) Summons as well as (3) vital stats develop.
Tip 2: Petitioner Files the Papers with the Court and Offers the Papers on the Participant
The 2nd step requires the petitioner to takes the documents that they simply finished finishing and file them with the suitable court. Under Utah law, the ideal court is the court of the county in which you or your partner lives. The petitioner could either mail in these forms or hand-deliver the kinds to the county staff. If the petitioner prefers to send by mail the forms, it is advised by the court that the petitioner use registered mail to ensure receipt of delivery.
After the originals have actually been submitted with the court, the petitioner must “serve” these documents on the respondent (the various other spouse) within 120 days from the day the original papers were filed. The petitioner could either work with a personal process-server, hand the files to the respondent face to face, or seek the help of the sheriff’s office.
Tip 3: Participant Files an “Solution” to the Divorce Request
After the respondent has gotten the divorce documents, they have 21 days (if they were offered the documents in Utah; Thirty Day if served outside of Utah) to reply to the separation petition. The feedback that the respondent submits with the court is known as the “Solution.” If the participant cannot submit a solution within the timeframe set aside, the petitioner could request for a default judgment. A default judgment indicates that the petitioner will certainly obtain every little thing they requested in the separation application.
In filing the Solution, the participant can contest any kind of issues or facts that are elevated in the first separation request that was filed by the petitioner. The respondent could additionally submit a specification in contacting the application and the separation mandate. This means that the respondent is consenting to every little thing in the petitioner’s initial documents and also is not mosting likely to contest any one of the concerns. If this occurs, after the specification is submitted, the court will review the files to ensure that they abide by the law, and also if so, will release the separation mandate with no modifications.
Tip 4: Both Parties Submit a Financial Declaration
If the participant files a Solution with the court opposing any of the concerns or truths, both parties will after that be required to submit a Financial Declaration with the court. A Monetary Statement is a document that discloses any type of properties and also financial obligations that are held by each partner. This is needed since it will assist the court determine how property and financial obligations need to be split between the partners and also whether spousal support should be awarded complying with the divorce.
Step 5: Wait
Under Utah law, there is a required 90-day waiting duration between the date that the request is initially filed as well as the date that the mandate is signed. Either partner might submit a paper with the court asking the court to forgo the waiting duration, nonetheless, the court will just approve this if there are remarkable conditions.
Step Six: Arbitration and Pre-trial Seminars
If, after all of the files have been filed with the court, there are still opposed concerns between the spouses, the court will certainly buy obligatory mediation. At the very least one mediation session will certainly be needed in an effort to deal with these contested issues without needing to go to test, however, more mediation sessions may be called for or asked for relying on the case. Either spouse may ask for that the arbitration requirement be waived.
If there are still opposed problems have the mediation sessions, the court will schedule a pre-trial meeting with the spouses as a last effort at settling the instance before test.
Step Seven: Trial
If the spouses are unable to reach an arrangement concerning exactly what the separation mandate ought to claim, the instance will certainly most likely to trial. Throughout a trial, the court will certainly hear from both parties worrying the issues that are contested as well as will after that make a decision.
Step Eight: Divorce Mandate
A divorce mandate need to be authorized by a judge before the divorce comes to be final. The judge can sign a separation mandate any time during the process if the partners could agree to the terms of the agreement. Often, a separation mandate will be produced by the partners as well as sent to the court for approval and also finalizing. If the instance goes to test, the court will certainly write the last separation decree, which will include his final decisions concerning the concerns that were offered at test. The separation mandate generally has provisions alloting every one of the properties in between both partners, allocating settlement of any financial debts in between the spouses, buying any kind of alimony repayments, and specifying that both parties are formally separated.
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Divorce Process in Utah
Divorce Process in Utah
Divorce Process in Utah
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