Grounds for Divorce

As divorce attorneys we hear a lot of complaints from clients about their spouse that they are divorcing and they can get pretty outrageous. A recent report from the Huffington Post however has a spouse complaining that her husband eat’s his peas with his bread instead of a fork and that is why she is asking for divorce. Maybe this woman was just looking for a way out and she saw the classic Seinfeld episode where Jerry broke up with a girl because she ate her peas one at a time. ┬áRegardless of the genuineness of her claim that her husbands table manners were the reason for the divorce the reality is that in most states she doesn’t really need a reason to get divorced other than simply claiming irreconcilable differences.

No Fault Divorce

Historically parties needed a good reason to get divorced, especially the female, they couldn’t simply state that they didn’t like their spouse any more. Whether it was abandonment, adultery, or some other claim the parties had to convince the court that they deserved a marriage from their spouse and they needed to be able to put the fault of the divorce on their spouse to get released from their marriage contract. As with a number of areas of the law, divorce has come a long ways over the years. Today in Utah if a person wants to get divorced they don’t have to prove anything to establish grounds for divorce, they can simply state that there are irreconcilable difference and that is the reason for the divorce. An individual can be granted a divorce regardless of whether or not their spouse wants the divorce or has done anything particularly wrong.

Ogden Divorce Attorney | Helping with your Divorce

If you have made the decision to get divorced then the first thing you should do is speak with an experienced family law attorney from Ogden Divorce Law. Our attorneys have helped hundreds of clients in their divorce and we can help you understand the process and get answers to your questions. Call or email us today for a free consultation over the phone.

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Divorce and the Holidays

Everyone knows the cliches about the difficulties that come with spending time with family around the holidays but the reality is that the holidays do put a serious strain on relationships. With the financial pressures of Christmas and fights over extended family gatherings, the holiday season is often the straw that broke the camels back and which leads to the beginning of the divorce process. Before making the decision to get divorced or before starting the process it is very beneficial for individuals to understand a little more about divorce.

The Realities of Divorce

A lot of individuals come into our office and they either want the world or they are concerned that their spouse is going to take everything and the first reality to understand is that there are seldom huge windfalls for either party in divorce. Most divorces end in a settlement agreement between the parties after they realize this fact and decide to make compromises and the divorces that do actually go to trial are decided by the judge who tries to make a fair and equitable decision. So even though your spouse may be yelling “I’m going to take every penny” the reality is that both parties are probably going to come out of the divorce thinking they didn’t get enough or they gave to much, that’s just the nature of compromise.

Hiring a Divorce Attorney

One of the best decisions you can make in your divorce is hiring an experienced family law attorney to help you understand the divorce process and counsel with you about what decisions you should be making. Divorce is stressful but with an attorney from Ogden Divorce Law you can feel comforted that your rights are being looked out for and that someone is fighting for you. Call or email us today to find out how we can help you.

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Health Insurance and Divorce

Over the years we have talked to numerous clients who retain us to represent them in separation actions as opposed to divorce. One reason an individual and in some cases both parties may want to file a separate maintenance action as opposed to divorce is related to health insurance coverage. Most health insurance policies do not permit a spouse to carry a divorced spouse on the insurance policy as a dependent. This is problematic for some couples especially where they are in agreement on divorce but the non policy holding party needs ongoing medical care and neither party want to leave them without coverage. In recent years we have helped numerous individuals separate getting temporary orders of alimony, child support, custody, property division, etc. while still being able to maintain their spouse on their health insurance and technically staying divorced. Thus, many people have stayed married simply for the health insurance benefits

Obamacare and Health Insurance

One of the unintended consequences of the Affordable Care Act (Obamacare) is that many, if not all, couples who use to be facing the conundrum of wanting to be divorced but needing to stay married for the insurance, will not have to worry about losing coverage. You see, a spouse being dropped off a policy should now qualify for subsidies insurance on his/her own and cannot be turned away for preexisting conditions. Therefore, the result will be more people will likely be getting divorced. That is, less people will be staying together in a marriage solely for health insurance.

Speaking with a Lawyer

If you are considering legal separation, divorce, or any other legal action against a spouse, an Ogden Divorce Lawyer at our firm can help. We can also help you explore new health insurance options and point you in the right direction to make your divorce transition as smooth as possible.

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Ex Husband Uses Craigslist to Sell Wedding Ring

A Pennsylvania man ended up with his ex wife’s engagement ring after the divorce and as is the case with most recently divorced individuals he didn’t want to keep the ring to remind him of the experience. Instead the man went to craigslist to sell the ring, the price tag? $1,800.

The most noteworthy part of the craigslist post however was the sales pitch. The man listed the ring as having only one flaw, and that flaw is that it was worn by “satan herself” and had brought him nothing but bad luck such as “downed power lines” and “swarms of locust.”

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Protective Orders and the Divorce Process

A lot of divorce cases begin with a fight, sometimes a serious fight that results in domestic violence charges. In these more serious cases the alleged injured party is usually referred to Legal Aid Services or some other free legal provider that encourages them to file a protective order against there spouse. A protective order is an order from the court stating that one party cannot contact the other party or come within so many feet of that person’s home, place of work, or even sometimes the school their kids go to. When a protective order is filed the court will normally issue a Temporary Protective Order and then schedule a hearing so that both parties can come before the judge/commissioner and tell their side of the story.

Fighting Against a Protective Order

For better or worse a protective order is very easy to obtain and the standard a petitioner has to meet is very low. At the protective order hearing the judge/commissioner will be trying to determine whether domestic violence has taken place or whether the respondent is an immediate threat to the petitioner’s physical safety. In a lot of these cases there are no other witnesses or physical evidence so it comes down to who the commissioner thinks is more credible and unfortunately the court usually just enters the protective order to be on the safe side.

Getting Help for Your Protective Order Case

If you are facing a protective order and are worried about the effects it could have on you then call Salcido Law Firm today for help. We can answer your questions and explain the basic structure of the legal process so you can understand the possible outcomes you are facing. Our attorneys have represented hundreds of family clients and are experienced in protective order defense so call us today to get the help and protection you need.

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Utah’s Temporary Orders Process

Temporary Orders are exactly what they sound like, orders from the court that are temporary. They show up in divorce cases because highly contested divorces can take a very long time to resolve and so it’s important that there are rules for the parties to follow during the divorce. Temporary Orders end when another order from the court is entered, such as the divorce decree. In some situations temp orders may only last a month or two because the parties get into mediation and resolve the case. Other times temp orders last for years while the parties continue to fight over every issue of the case. Due to the uncertainty in relation to how long the divorce could last it is important to fight for good temp orders that you can live with for a long time even if you think your case is going to be over soon.

Motion and Hearing for Temporary Orders

Temporary orders are conducted through motion practice before a commissioner and what this means is that one party must motion the court for temporary orders and then a hearing must be held to decide that motion. If there are financial issues at stake such as child support or child custody then a copy of the parties financial declaration must also be submitted to the court. The usual procedure is that one party will file a motion and a supporting declaration with the court asking for the things they want to be enforced during the divorce, such as child support, child custody, alimony, and temporary property distribution. The opposing party also has the opportunity to respond to that motion as well as file their own requests for temporary orders. Then at the hearing the parties have the opportunity to argue for those things they asked for and then await the commissioners decision. In a lot of situations the parties can reach an agreement before the hearing and simply enter their agreement on the record with the commissioner.

Ogden Divorce Attorney | Family Law Representation in Northern Utah

Ogden Divorce works in all areas of Northern Utah and we can help you in your divorce case no matter the circumstances. Temporary orders can be extremely important in some cases and unnecessary in others so contact us today and we can help you figure out what is best in your case. We offer free consultations so don’t hesitate to call.

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Divorcing Husband Throws Out Life Savings

Gold Bars - Man Converts Money to Gold then Throws Away

Colorado Man converts retirement into gold and throws it away in anticipation of divorce.

The Huffington Post recently reported on a Colorado Springs man who allegedly converted his entire life savings into gold and then threw it away so that his ex wife could not get it in the divorce proceedings. The story goes that the Colorado man cashed out his retirement and investment accounts which totalled approximately $500,000 and converted the money into gold. The gold, which was about 22 pounds worth of gold bars and coins, was then taken and thrown away in the trash can of a Colorardo Springs hotel. All of this was done to keep his wife of 25 years of getting her portion of the retirement.

While some vindictive partners out there who are going through a divorce may be cheering for this guy or thinking this was a good idea the reality is that the court does not allow for this kind of activity and you will pay for trying to illegally keep assets from your spouse, who is entitled to a portion of those assets. Property distribution can be a very frustrating part of the divorce proceeding but it is necessary and you need to be prepared for the possibility that you may have to part with a lot of your property and assets.

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What to Expect at Mediation

In Utah the courts require divorcing parties to attend a mediation prior to taking their divorce case to trial. This requirement is meant to alleviate the caseload of the overcrowded courts by weeding out cases that can be settled without needing a trial or the court to weigh in on all the issues. Due to this requirement a lot of Utahn’s will have to face the mediation process at some point so this post will discuss what happens in mediation and what to expect in yours.

Mediation FAQs

Will I have to see my spouse?

No. Some people envision mediation as a classic negotiation scenario where the parties are sitting across from each other at a table haggling over each issue of the deal. Divorces are very emotional scenarios and it is usually a very bad idea to get the parties in the same room arguing about the issues of their divorce. The mediation process is conducted with the parties in separate rooms, with their attorneys, if they have hired one. The mediator goes back and forth between the parties trying to facilitate a deal.

Does the mediator tell the party everything I tell him/her?

Usually not. The job of the mediator is to try and feel out what each party is comfortable with and what deal they would accept. After determining where each party sits in regards to each issue then they will try and work with each side to get them to meet in the middle.

Who pays the mediator?

Both parties pay the mediator and will split the fee 50/50. The mediator is an impartial third party so it is important to maintain that impartiality and make sure the mediator has no incentive to favor one party over the other.

What if we can’t reach an agreement?

Mediation is not always successful so in those situations when the parties are just too far apart on the issues the mediator may try and get the parties to agree on some issues and sign a partial agreement and take the other issues to trial. Or the parties may simply decide that if they are going to trial on some issues they might as well take all the issues before the judge.

Ogden Divorce Attorney | Aiding you in Mediation

If you have more questions about mediation then call Ogden Divorce Lawyer today. Our attorneys work hard to help their clients make decisions that will benefit them in the long run and help save them time and money in the short run. So call or email us today to find out more.

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The Divorce Process: Financial Declaration

What most people don’t often realize about the divorce process is that it is a civil suit. It may not be the exact same type of thing as suing an insurance company because of a car accident or something like that it still follows most of the same rules as other civil lawsuits. One of the phases of a civil suit is discovery. Discovery is the fact gathering part of a lawsuit, where both parties try and support their cases with evidence they obtain from the other party or from some other methods. In a divorce proceeding the process of discovery is initiated with what are called the initial disclosure and the financial declaration.

What is the Financial Declaration

A very large part of most divorces is about money. How will assets be distributed? Will alimony be paid? Who will pay child support? and so forth. Due to this large emphasis on money the courts require that both parties in a divorce fill out a financial declaration and provide a copy of said declaration to the other party. The financial declaration is basically a snapshot of your finances, such as income, expenses, debts, assets, as well as documentation to show the veracity of the numbers you have put down.  In some scenarios, such as temporary orders hearings, you will also have to provide the court with a copy of your financial declaration.

Divorce Attorneys In Ogden | Call Ogden Divorce Law Today

The divorce process can be convoluted and complicated at times and that is why you should probably speak with a qualified family law attorney to get help with your case. At Ogden Divorce Law we focus on making sure our clients understand the process as best as possible so they can make informed decisions about their future. Call or email us today for a free consultation.

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Keeping the Kids Out of the Divorce

Divorce is hard enough on kids. It gets even tougher when they feel like they are in the middle or have to make a choice between mom or dad. Every parent involved in a divorce needs to try as best they can to put their children’s interests first. Every child therapist, custody evaluator, or other professional seems to stress this important fact. Here are a few things we have seen good parents do in divorces we believe really helped the kids stay out of the divorce.

Don’t Discuss the Divorce with the Kids

This is often tough advice for parents to follow for a number of reasons. First the parents may have a very open relationship with their children and may be accustom to discussing openly family matters. However, parents need to keep in mind the enormous amount of stress discussing divorce issues can have on kids. Even if you are not bad mouthing your ex, discussing the divorce can be very difficult for the children. Often, the children are the ones asking the questions, sometimes they are older kids who are teenagers but still minors and still not capable of processing issues like an adult. Just because you have older children doesn’t necessarily mean they are capable of not being negatively impacted by the divorce being discussed with them in the home. You should especially refrain from disparaging the other party in front of the kids. In fact, good parents, despite their differences, are able to be positive towards the other parents relationship with the children.

Stability for the Children

Children’s lives can be turned upside down during a divorce. Maintaining a stable environment for the kids can be key to getting them through. Often this means you may have to sacrifice your own wants for custody for what you know will provide the most stable environment for the children. For instance, if you work long hours or frequently travel, a joint 50/50 custody relationship may not be in the kids’ best interests, it may be what you want but if it will lead to an unstable custody arrangement, you may want to consider alternatives.

Advice from a Lawyer

Getting good advice from an Ogden Divorce Attorney can help. A good lawyer will give you an honest assessment of your situation and provide advice to not only improve your custody position but to help keep your kids from getting too involved in the divorce. Consult with a lawyer if you have any questions about custody or other child’s issues and a good attorney will give you the best advice to help you and your children, even if it may not be exactly what you want to hear.

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