What to Do if You’re Not Getting Your Visitation

Posted on July 26, 2013 by Todd Peterson

Probably the most difficult issue to resolve in a divorce case is child custody.  While we often deal with parties that fight over property and money as well, in the majority of cases the real issue is over who gets the kids, when, and how much. Usually everybody involved in the case wants to do what is best for the children, in fact that is the standard upon which the court is supposed to make its custody decisions. The problem, however, is that everybody has their own idea of what is best for the children, and in most cases the parties are very adamant in their resolve over their opinion of what is best for the kids. So the parties will make all the arguments they can for why they should get the custody arrangement that they think is best and although they may eventually settle with the help of their lawyers and mediators a lot of times they still don’t feel good about the arrangement, and this often leads to them violating the divorce decree by denying custody or visitation to the other parent.

How to Make Sure your Divorce Decree is Enforced

If your ex is keeping the kids from you when its your turn to have your visitation or custody then that is a big deal and you need to make sure that your rights are being protected so you can continue to be a part of your children’s life. To make sure that your ex follow the divorce decree you can file for an order to show cause hearing, where the court will inquire as to whether or not the decree was actually violated and then upon a finding that it was possibly impose penalties for non compliance.

Ogden Divorce Attorney | Order to Show Cause Hearings

If you need help enforcing your divorce decree then call Ogden Divorce Law today. We serve all areas of Northern Utah and can help you protect your rights in your case.

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Supreme Court’s Same-Sex Marriage Decision May Help with Divorce

Posted on July 23, 2013 by Todd Peterson

The Supreme Court’s recent decision striking down the Defense of Marriage Act as unconstitutional has been heralded as a huge victory for gay and lesbian couples who liked to get married. However, as well as being a win for gay marriage it is also a win for gay divorce. The New York Times recently posted a story about a gay couple that was married in New Hampshire where gay marriage is recognized but when the marriage dissolved three years later the couple was living in Florida where gay marriage is not recognized, so the couple could not get divorced because according to Florida they were not married. Furthermore, returning to New Hampshire just for the divorce is not an option because they would have to establish residency in New Hampshire again to be able to get the divorce.

Utah’s Same-Sex Marriage and Divorce Laws

Utah of course does not recognize same sex marriage and therefore like Florida in the example above they do not allow for same sex divorce because of the logic that you can’t get divorced if you’re not married. The Supreme Court’s recent decision however is viewed as a win for same sex couples who would like to get divorced because it is a step towards uniformity among the states as far as the marriage and divorce of same sex couples. While issues of jurisdiction, residency, and legitimacy of marriage are considerations in every divorce they don’t really pose the same problems in a heterosexual marriage as much as they do in a same sex marriage.

Ogden Family Law Attorney | Answering Your Divorce Questions

If you have questions about the possibility of getting a divorce in Utah whether you are in a heterosexual marriage or a same sex marriage then call the experts at Ogden Divorce Law for help. Our attorney’s know the ins and outs of the Utah laws and we can answer your questions and help you with your divorce if you decide to go ahead with it and it is allowed in Utah.

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Utah’s Mediation Requirement

Posted on July 17, 2013 by Todd Peterson

Married couples who fight a lot often throw around statements like “I’ll take every cent you have” or “You’re not getting anything in the divorce” and while these statements carry good dramatic effect they are entirely unfounded and will almost never actually come to pass. The reality is that most divorce cases settle, meaning that eventually the parties decide to compromise and do what’s best for them, their children, and their futures; instead of fighting to the end and making the judge make the final decision. This huge turnaround from yelling threats to calmly sitting at the negotiation table is usually brought about by the help of attorney’s and mediators. Mediation is a great idea in any divorce because it allows the parties to save time and money by reaching an agreement as to property division, child custody, visitation, alimony and more.

Mediation Before Judgment

While mediation is often a good idea no matter what state you’re in, in Utah it’s not only a good idea but a requirement. Before your can take your divorce case to trial before the judge you have to have participated in mediation and at least attempted to settle your divorce amicably before you argue it to a judge. In most cases the parties realize that going to trial carries a lot of uncertainty and risk that they can avoid by compromising a little on property division, child custody, and other disputed topics. The mediation process is fairly simply and involves the parties and their lawyers sitting down with a third party mediator who does not represent either side but helps each side negotiation a settlement that both parties can live with.

Ogden Divorce Attorney | Representing you in Your Mediation

If you are getting divorce or thinking about getting divorced then its a good idea to talk to an attorney first to help you with your expectations and help you understand the process. The attorney’s at Ogden Divorce Law have helped hundreds of clients in their divorce and we know how to help you understand your options and help you defend your rights based on your decisions. Call or email us to get more info on how we can help you in your divorce and your mediation.

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The Utah Child Support Calculator

Posted on July 10, 2013 by Todd Peterson

The divorce process is largely about whether or not the parties can make compromises and meet in the middle on the big issues. If the parties cannot come to a settlement then they will have to go to the judge and have all those decisions made for them. Surprisingly, given the need for compromise in divorce, one of the big topics that divorcing couples are concerned with is not really that negotiable at all; this topic is child support. In Utah, child support is determined based on a statutory calculation that takes the gross monthly incomes of the parties and the custody arrangement and sets child support based on those factors.

Arguing the Input Factors for the Child Support Calculation

The only way to really affect the child support calculation in a divorce action is to argue the input factors, meaning custody and gross monthly incomes. Obviously in most cases child custody is already a huge issue and will be argued adamantly regardless of how it affects child support. As for the gross monthly incomes of the parties there is a little wiggle room to argue but not much. For example the parties may be unemployed or their incomes vary from month to month giving attorneys a chance to argue for the court to make a factual determination of what factors should be used for child support purposes. If one of the parties is unemployed however then the court will usually allow the parties to assume that the party could be making minimum wage and make the child support calculation based on that.

Ogden Family Law Attorney | Child Support Questions

If you are going through a divorce and are concerned about the child support obligation you may be facing then call Ogden Divorce Law for help. We can help you understand the process and answer all your questions. With the right information you will be able to proceed with confidence that what you’re doing is going to be best for your future. Call or email us today to find out more.

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Prenups in Utah

Posted on July 3, 2013 by Todd Peterson

In Utah not a lot of people know about prenuptial agreements other than what they hear on t.v. and this may be due to the fact that a lot of people get married very young in Utah. For first marriages or people getting married young a prenuptial or premarital agreement doesn’t make much sense because there are little to no assets to protect. The idea behind a premarital agreement is that you protect your personal assets from fully becoming marital assets when you get married by laying out how the divorce process will be conducted if the marriage results in a divorce. Clearly a prenuptial or premarital agreement isn’t something you should bring up seconds after the proposal but in many situations it is the smart and logical thing to do.

How to Make Your Prenup Defendable in Court

One of the biggest mistakes that people make in their premarital agreements is to make it one sided, meaning it only outlines the property of one of the parties and only protects one person. If the judge believes that the agreement is unfair and doesn’t protect the interests of both parties then he may find it unconscionable and throw it out, therefore nullyfing your hard work and preparation to make sure you’d be protected in the event of a divorce. Even if one of the parties doesn’t really have any assets its important to draft the premarital agreement so it is as fair as possible given the circumstances.

Ogden Premarital Agreements Lawyer

If you are looking to get married and you have assets that you would like to protect in case of divorce then contact Ogden Divorce Law. We understand your concerns and can help you understand the law and the possible benefits of a premarital agreement. Call or email us today to get your questions answered and to get the help you need to make the right decision for you.

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Legal Formalities of Marriage in Utah

Posted on June 23, 2013 by Todd Peterson

This article addresses some of the Legal Formalities of Marriage in Utah. Here in the beehive state, in order to be valid, a marriage must be solemnized by a person with authority to perform marriages. Marriage may be solemnized by the following persons:

  • Ministers, rabbis, priests, or any religious denomination who are in a regular communion and are 18 years of age or older.
  • Native American spiritual advisors.
  • The governor.
  • Mayors.
  • State or federal judges.
  • County clerks.
  • The president of the Utah State Senate.
  • The speaker of the House of Representative (State).
  • Retired judges.

The individual who solemnizes the marriage must give the couple a certificate of marriage signed. Generally, speaking, those persons who can perform marriages may not delegate their authority to anyone else.

Marriage Licenses in Utah

A couple seeking a marriage license in Utah must apply for one through the county clerk’s office. A Utah Marriage License is only validly issued for a marriage performed in the state of Utah. An important note to remember for anyone seeking a marriage license in this state is the fact that it is only valid for 30 days. This means you need to get the license, be married, and file it with the clerk’s office all within that 30 day period. Marriage licenses in Utah will only be issued to a man and woman and such licenses require the following information:

  • full names of the couple
  • social security numbers for the couple
  • address of each party
  • date and place of birth of each party
  • names of respective parents
  • race or nationality of each party

Minors and Marriage

Most people do not find themselves facing great legal troubles when applying for a marriage license in Utah. However, if one of the parties is a minor, that could potentially raise some problems and may prohibit the marriage all together. A minor most often will need to obtain consent of their parent or guardian before they can marry. If you have detailed questions about the legal formalities of marriage involving minors in Utah, you should consult with an Ogden Divorce Attorney out or office today.

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How to Get Your Name Changed in Utah

Posted on June 20, 2013 by Todd Peterson

The name changes we all hear about are a little outrageous, like Metta World Peace or Chad Ochocinco; but aside from publicity stunt name changes there are plenty of reasonable reasons for a person to change their name. For example an individual may have gone by their middle name or some variation of their name for their whole life and finally wants to avoid all the confusion that creates and just change their name to make it legally match what everyone knows them by. Another example is when an adoptive parent whether its a step parent or two adoptive parents want their child’s last name to match theirs.

The Name Change Process in Ogden

Why the reason for the name change is important is because to receive a name change in utah the petitioner, or the person requesting the change must submit a petition to the court stating three things in particular:

1. that the petition is a resident of the county of the court that is hearing the case;

2. what the proposed new name is; and

3. why the name change is being requested.

The main reason for these requirements is that the judge is going to be looking to make sure that the new name is not offensive, vulgar, or overly complicated. If the judge feels like this is a valid name change that won’t cause problems then he/she will sign off on the order and the name change will be complete, except for getting it changed on all your legal documents.

Ogden Attorney for Name Changes

If you are thinking about changing your name but aren’t sure about the process then call Ogden Divorce Law today. We can help you understand how everything will take place, the difficulties and benefits of changing your name and the cost. Call or email us today to find out more.

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Modifying a Divorce Decree

Posted on June 14, 2013 by Todd Peterson

People who get divorced usually make the decision to do so because they think it will make things better, and may even think that they will be able to go back to their life before marriage. However, its rarely that easy, especially if the couple has kids together or substantial assets. One of the biggest difficulties after divorce is that the relationship often does not completely end, the couple still has to coordinate child custody and visitation, as well as child support and alimony. Along with this continued relationship comes continued bumps in the road and when they do the legal way of dealing with it is to modify the divorce decree.

How to Solve Post Divorce Problems through Divorce Modification

There are two separate types of issues that can arise after the divorce decree is signed by the judge, the first is that one of the parties is not following the decree and the other is that the decree is no longer suited to your desires or needs. If the problem you are having is that your spouse won’t follow the order that the judge has given then the remedy is an Order to Show Cause, but if the problem is that the decree no longer fits your situation then you need to modify your divorce decree. A divorce modification is not an easy process and it requires that you can prove to the court that there are new circumstances that weren’t contemplated at the time of your divorce. Also the main areas that judges allow for a modification are child custody, child support, and alimony.

Ogden Divorce Attorney | Getting Relief from Your Decree

If you are divorced and the divorce decree doesn’t work any more in your situation then call Ogden Divorce Law. It is important that you try and modify your divorce instead of just not complying with the decree which could bring on serious legal problems for you which could even amount to criminal charges. Call us today to find out more.

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Utah Dating Violence Protective Orders

Posted on May 29, 2013 by Todd Peterson

Traditionally, Utah courts have only offered protective orders to three classes of people. Meaning for an individual to get an order from the court keeping another individual away from them they had to have a certain relationship with that person.  These three categories were individuals who are related, who live or have lived together, or who have parented a child together. Over the years the Utah legislature has had concerns over whether or not these categories were too restrictive and left some individuals, that were in need of protection, out in the cold. While there is the option of a civil stalking injunction regardless of the parties relationship the legislature has now gone beyond that and created a new class of protective order for people who are only dating and not related or living together.

The New Dating Violence Protective Order

With the recent passing of the dating violence protective order bill the Utah legislature has created a new law that allows for a person in a dating relationship to get a protective order against their partner if they have been subjected to abuse or violence by their partner. In fact the law actually extends to include situations where no abuse or violence has taken place but where there is a substantial likelihood that there will be abuse or violence.

Ogden Family Law Attorney | Getting Help with Your Protective Order Case

If you live in Northern Utah, such as Ogden, Farmington, Bountiful, or Logan, and are involved in a protective order case or would like to start a protective order case then call Ogden Divorce Law today. Whether you are the petitioner or respondent, or whether it is a traditional protective order case or a new dating violence protective order you can be sure that the attorneys at Ogden Divorce Law know how to help you and will make sure that your rights are protected. Call or email us today to find out how we can help you.

 

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Bifurcated Divorce in Utah

Posted on April 29, 2013 by Todd Peterson

The divorce process can be very long and drawn out when the divorcing parties are fighting over every aspect of the separation, and when I say drawn out I mean longer than a year. When people decide they want to get divorced, however, they usually want it done yesterday because they can’t stand the person and they wish to never see them again. Due to this long delay in the divorce process the legal system allows for divorcing parties to get divorced from their spouse while the other details like property division are set aside in a separate process. This process is called bifurcation and it will allow divorcing parties to get remarried to others or simply hold themselves out as single for whatever other purpose they desire.

How to Get your Divorce Finalized Even Though You Can’t Reach an Agreement

The bifurcated divorce process is fairly simply, once you have decided that you want to get the bifurcation then the lawyers at Ogden Divorce Law can draft the paperwork for you and set the hearing. Depending on the judge the process could be very easy with a high likelihood of success or more difficult. Our attorneys know how to argue bifurcated divorces and they can help you get your divorce finalized and your child custody or property division issues set aside for later hearings so you can move on with your life.

Northern Utah Family Law Attorney | Divorce Bifurcation

Whether you’re getting divorced in Ogden, Farmington, Logan, or Bountiful the lawyers at Ogden Divorce Law can help you get a divorce bifurcation. We know the process and we know the difficulties so we can help you get through the tough times and understand what to expect. Call or email us to find out more, we can answer your questions over the phone in just a few minutes.

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