Separation During Divorce | Ogden Divorce Attorney

Posted on April 11, 2013 by Todd Peterson

Physically separating during a divorce is usually a good idea. For some this may seem to go without saying but a surprising number of people stay living under the same roof while their divorce is pending, and in some cases even after the divorce is made final. If you are considering living together while your divorce is pending, you should be very cautious. We have seen too many cases in which for one reason or another, the parties stay living together even after one files for divorce, and domestic violence or other serious problems arise. Inevitably, no matter how amicable the divorce may be, if you are living together the potential for conflict is greatly increased. Your spouse or soon to be ex might just come home one day and start and argument over something causing things to spiral out of control. Be careful and at a minimum consult with an Ogden Divorce Attorney in our office about your options for separation before making a decision to enter a “nesting arrangement” with someone you may have very strong negative feelings for.

Children and Separation

Separation is also a good idea if it will help reduce the conflict witnessed in the home by children. Children are sponges and soak up nearly everything their parents do. Keep this in mind. Staying together in the same home during divorce or other proceedings only increases the chances your children will be exposed to fighting, or a generally negative environment. It may also send mixed signals to the children about how the family structure is going to be organized once mom and dad are no longer married. No matter what the financial convenience may be for not physically separating, your children’s best interests should come first over everything in your divorce.

Free Consultations

We offer free consultations so if you need help with questions regarding separation, there really is no reason not to pick up the phone and speak with a Ogden Family Law Attorney today. Call us at any hour of the day or night, 801.317. 8232.

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Termination of Parental Rights in Northern Utah

Posted on March 29, 2013 by Todd Peterson

There are a number of scenarios where a person could have to run into the issue of their parental rights being terminated, or trying to terminate another person’s parental rights. Regardless of the scenario, however, it can be very difficult for parental rights to be terminated. The most common way a person’s rights are terminated is through voluntary relinquishment, which is exactly what it sounds like, a parent giving up their rights. This is a very serious decision and one that cannot be revoked so it is important that you understand every aspect of it before you relinquish your rights, you can do so by calling the attorneys at Ogden Divorce Law. The other route for termination of parental rights is the tough one, and that is involuntary relinquishment.

Involuntary Relinquishment of Parental Rights

Involuntary relinquishment obviously means that the parent’s whose rights are being terminated does not want it to happen and may be fighting it. In Utah a court may terminate rights of a parent if it finds that the parent has abandoned the child, abused or neglected the child, is unfit or incompetent, or has failed to support or communicate with the child. Ultimately the court is looking for what is in the best interest of the child, so whomever is trying to terminate the rights must show that the parent is more than just a bad parent but that its in the best interest of the child that the parent have no rights concerning the child. This can be a very tough standard to reach and it can be very difficult to be successful in such a claim, the common scenario is when its related to an adoption and sometimes in a divorce.

Ogden Family Law Attorney | Terminating Parental Rights

If you are wondering if you can have another person’s parental rights terminating or if someone else or the State is attempting to terminate your rights than call Ogden Divorce Law. We serve all of Northern Utah, including Ogden, Logan, and Farmington. Call or email us today to find out more.

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First Steps in Getting Started on Your Divorce

Posted on March 14, 2013 by Todd Peterson

Many individuals are going through divorce for the first time and their immediate question is normally, “how do I get started?” Most people want to know the immediate steps they should take to protect themselves and their children as they commence on the process of filing for divorce. I am writing this article to provide a few of the basic steps you can take to help ensure your interests will be protected through this process. For more detailed information you can and speak with a lawyer at our firm anytime of the day or night.

Your Safety Comes First

Most divorces do not involved physical harm or threats of physical harm. However, for many, the relationship may reach a point where there is domestic violence or where one of the parties or children are in danger. Before anything else, you need to make sure that you and the kids are safe. This does not just go for women either; we have represented both men and women in seeking protective orders from an aggressive spouse. If you have been abused, threatened with harm, or believe your safety may be at risk, you should contact law enforcement. After speaking with the police and ensuring your safety, we can help in representing you through a protective order proceeding and helping to ensure order from the court are in place to protect you through the divorce process in Utah.

Financial Steps

Neither party should ever take action in an attempt to hide assets or dispose of money or property in an attempt to circumvent the other party’s rights. However, you should be thinking about the costs involved in a divorce and how you will be able to afford legal representation. Saving funds for a day when you may need an attorney is a good idea. Additionally, you should be making sure that you are aware of what the real financial picture of the family really is how much income your spouse earns, retirement accounts, and a general understanding of all your debts and assets. Know where the money is going each month so you can be sure your spouse is not disposing or transferring martial funds.

Statute Quo Matters

If you are separated from your spouse, the status quo you maintain with regard to issues such as custody, parent time, etc. can really matter. If you are following certain custody arrangements when separated, a judge may be inclined to follow such an arrangement. Therefore, it is highly important that you try to set a status quo that you would be comfortable with actually becoming a final order from a judge.

Meeting with an Attorney

Of course we are going to tell you to speak with a lawyer before you do anything. The truth is it really makes a difference to be able to get a game plan form an Ogden Divorce Lawyer who understands your particular set of circumstances. Many attorneys do not charge for consultations. We offer free consultations over the phone so there really is no reason why you shouldn’t take advantage of that and at least get some good advice before doing anything you might find out later to be the wrong step.

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Temporary Relief in Your Divorce

Posted on March 8, 2013 by Todd Peterson

From popular media and movies a lot of people think a divorce is as simple as handing your ex some papers and getting them to sign them, and then you’re done. However, the reality is that most divorce cases aren’t that simply and definitely aren’t that simple. For starters the state requires by law that a couple wait at least 90 days from the filing of their divorce until they can be granted a final decree by the judge. If the couple is fighting over any of the issues in the divorce however it will take much longer than 90 days and may easily extend to a process that takes over a year. The most common disputes that couples have in a divorce are over child custody, alimony, and property division.

Temporary Orders in Ogden Divorce Cases

Due to how long a divorce can be draw out there is often a need for some rules for during the divorce. A lot of divorcing couples are already not getting along and they are trying to work things out now that they are separated and fighting. So issues of child custody, child support, and who will live where can become very serious issues if they are left unresolved for a year or however long it takes for the divorce to be resolved. The rules for the pendency of a divorce are called temporary orders and you can ask the court to make preliminary decisions about many aspects of the divorce to govern the time between the issuance of the order and the entry of the divorce decree.

Northern Utah Divorce Attorney | Temporary Orders

If you are filing for divorce in Northern Utah then call Ogden Divorce Law today, we can help you with your divorce paperwork and help you ask the court for temporary orders to help you deal with the big issues you are facing right now. Our attorneys know how to argue for protective orders, temporary child support, temporary child custody, and much more. Call or email us today to find out more.

 

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Marital vs. Separate Property in a Utah Divorce

Posted on February 15, 2013 by Todd Peterson

Property issues can sometimes be hotly contested between divorcing parties. Some parties will fight to the death over what some would call minor property issues such as the dogs or cats. While others sometimes don’t seem to have any problem at all dividing large estates with high dollar assets or other situations where one might imagine a costly and protracted fight in court. The point is that every case is unique and while some parties are able to agree on property disputes, others have difficulty reaching an agreement in this area. Frequently a client will call our office wanting to know what property they should receive in the divorce and what property their spouse may be entitled to. The general rule in Utah is that any property acquired by either party during the marriage is considered marital property and subject to an equitable division. Likewise on the other hand, any property owned by either party prior to the marriage is considered the separate property of the party who brought it into the marriage.

Exceptions to the General Rule

There are some exceptions to the general rule regarding marital property stated above. Where we often see a thorny issue is when a party owns a piece of property, often a home, prior to the marriage but then refinances in both parties’ names, adds the other party to the title etc., the parties spend money on improvements in the home, and other related activities such that the property becomes commingled and the general rule becomes less clear. In circumstances such as this, you should always speak with a lawyer prior to taking any other action.

Equitable Division of Property

Many clients also ask us what “equitable” means when it comes to dividing property. Generally equitable means whatever the judge in your case believes would be the fair distribution of the property. However, generally thinking of it as a 50/50 equal divide as a starting point can also make sense. While equitable doesn’t always mean equal, it is a good place to start when considering a property settlement. For more information with regards to your particular facts, please call and speak with an Ogden Utah Divorce Attorney at our law office today.

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The 90 Day Waiting Period

Posted on February 8, 2013 by Todd Peterson

For some time now, in Utah, the law has read that those wishing to obtain a Divorce from the courts must wait 90 days before the judge can grant them said divorce. However, in the past this requirement was often waived and required a very low showing to be able to get the judge to sign off on waiving the requirement. However, the most recently legislature changed the law making it much more stringent and very difficult for most people to qualify for a waiver.

Waiting for your Divorce

The reality of this change in the law is that a lot of individuals will never even run into a problem with the 90 day waiting period because their divorce is taking much longer than 90 days already. For example, if the divorce is contested meaning the parties are fighting over any aspect of the divorce such as child custody, child support, alimony, or property division then, then there is virtually no one the divorce could be completed within 90 days anyways. However, if the divorce is uncontested and the parties are willing to sign a stipulation and settlement agreement then they often have to wait the three months after they have signed the paperwork and are ready to move on with their lives.

Northern Utah Divorce Attorney | Layton, Ogden, Bountiful, Logan

If you have gotten to a point where you think divorce is your only option and you want to know more about the process then call Ogden Divorce Law today. We serve all of Northern Utah and we can help you understand your options so you can make an informed decision. The most difficult part of the legal process can often be not knowing what you’re getting into and having unachievable expectations. With the help of one of the attorney’s at Ogden Divorce Law you can be confident that you know all the facts as you make these important decisions.

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Divorce Education Classes in Ogden

Posted on January 26, 2013 by Todd Peterson

All divorcing parents in Utah must take 2 divorce education classes before their divorce will be signed and made official by a judge. There is a divorce education course as well as a divorce orientation course. At most locations, both courses are offered, one right after the other so you can complete both requirements in one night. A divorce decree will not be granted until both parents have taken both courses. The divorce education course is designed to educate parents about child custody, parent time, and other related matters and how children are often impacted by divorce. The divorce education course is typically 2 hours long. The divorce orientation course is designed to teach parents about divorce alternatives, the divorce process in general, and about post divorce resources. The orientation class is only 1 hour. The divorce education classes are taught generally at least 1 per month in Ogden. If you miss the Ogden date you may have to travel down to Farmington or Salt Lake for the next closest location or have to wait a month. To ensure your spot you should call into the district court in Ogden verify class times and availability.

Waiving the Divorce Education Requirements

While for the most part everyone is required to attend these divorce education classes, some individuals under certain conditions may have them waived. Now just being an out of state resident does not automatically allow for waiver. The courses are available on DVD for out of state residents. All you have to do is simply call the court and order the DVDs and that after watching them you sign a form swearing you indeed watched the courses and send that form into the court to be filed in your case. If there is some condition that makes it impossible for one of the parties to attend or view the courses, the party can file a motion to have the requirement waived. We have assisted many clients in waiving this requirement. For more information on the divorce education classes in Ogden or anywhere else in Utah, give us a call now and speak with an Ogden Divorce Attorney.

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Divorce Bifurcation

Posted on January 14, 2013 by Todd Peterson

One of the things that shocks a lot of people about the divorce process is how long it can take for a couple to finally get that divorce decree and be legally divorced. Of course an uncontested divorce can be completed fairly quickly if the parties agree on all the topics of the divorce, are quick to sign the stipulation agreement, and the court is willing to waive the 90-day waiting period. However, if the parties are going to fight over every issues of the divorce, custody, division of property, and others; as well as file temporary orders fight over those proceedings and object to the recommendations then the divorce process can take well over a year to complete.

Filing for a Divorce Bifurcation

Due to the possible lengthy nature of divorce proceedings the courts allow for parties to file for a bifurcation of their divorce. What this means is that the court will basically split your divorce into to issues, one that is settled immediately and only concerns you being legally divorced, and the other set aside for further proceedings which involves the division of marital assets and the like. What this process does is allows parties to move on with their life, start living as a single person and being legally divorced while they fight over all the other issues that are continuing in the court.

Ogden Family Law Attorney | Divorce Lawyer

With the help of a lawyer at Ogden Divorce Law you can be sure that your divorce case will be handled as efficiently as possible. Our attorneys are experience in family law and help numerous clients with their divorce. We will make sure you understand your options and protect your interests at every step along the process. If you are getting divorced in Ogden or other parts of Weber County then call Ogden Divorce Law today to find out how we can help you.

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Is Your Divorce Uncontested?

Posted on December 21, 2012 by Todd Peterson

When you start looking into the possibility of divorce and start to hear the jargon surrounding divorce proceedings you will undoubtedly be asked if your divorce is contested or uncontested. While contested and uncontested are commonly used words in society that most people understand they don’t exactly have the same meaning in a legal sense. While a person may think that their divorce is going to be contested because their spouse doesn’t want to get divorced, it may be uncontested because while that person may want to stay together they ultimately agree to all the terms that are being proposed in the divorce petition.

The Differences

In a divorce there is a process that is followed at the beginning whether the case is contested or not. The petitioner will file a divorce petition with the court basically setting out what they want from the divorce and then they have to have that paperwork served or in other words delivered to their spouse. If the divorce is uncontested then a stipulation and settlement agreement can also be sent to the spouse and if signed that can be entered with additional paperwork to finalize the divorce. If the spouse does not agree then they must file an answer with the court and that is when the contested matter begins. A contested divorce is much longer and costly and basically involves the parties fighting over issues such as child custody, child support, division of property, and alimony.

Ogden Family Law Attorney | Divorce

If you are in Ogden and you are contemplating a divorce or a divorce has already been filed then call an attorney at Ogden Divorce Law today. The process is too complicated and too important to try and handle it yourself and you’ll most likely end up regretting it if you do. Our experienced attorneys can help relieve the stress of this difficult situation and let you feel confident that your rights and interests will be protected as much as possible, so call us today to find out more.

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Children as Witnesses in Domestic Matters | Children at Court

Posted on November 13, 2012 by Todd Peterson

On occasions, our clients desire to have their children testify in a divorce or custody matter. However, the general rule in Utah is that children should not testify at trial or evidentiary hearings if it can at all be avoided. Consider the following statutory provisions and case law regarding this issue:

  • UCA § 30-3-10(1)(c): The children may not be required by either party to testify unless the trier of fact determines that extenuating circumstances exist that would necessitate the testimony of the children be heard and there is no other reasonable method to present their testimony.
  • In re A.J., 2005 UT App 147: Court has discretion to keep child off witness stand in custody dispute. In most cases, info from child can be provided in other ways.

Children at Court

In divorce and non juvenile matters, the parties should not bring their children to court. The parties should really endeavor not to involve the children unless absolutely necessary and this includes not taking them to court. Juvenile matters are obviously a different matter. Consider the following:

  • UCA § 78A-6-317: A child shall be represented at each hearing by the guardian ad litem appointed to the child’s case by the court. The child has a right to be present at each hearing, subject to the discretion of the guardian ad litem or the court regarding any possible detriment to the child.

Best Interests of the Children

In summary, parents involved in a divorce or other family law matter, not necessarily juvenile matters, should not involve their children or bring them to court. Even if your children are teenagers an mature, every effort should be taken to keep them from becoming witnesses or involved in the dispute in any way. Always look out for the best interests of your children even if such interests do not necessarily match up with your own. This will come through in your case and will help show your parental fitness to the court.

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