Ogden Divorce Attorney Archives - Ogden Divorce Lawyer

Older Couples and Divorce

Chris Salcido — Fri, 24 Oct 2014 20:30:43 +0000

A trend nationally seems to be taking place. We have certainly noticed it in the past couple years at our law office. More older couples, those 50 and older, are seeking divorces these days. In fact, we stumbled across a recent article describing this trend. Older couples often face unique challenges when it comes to divorce. Most of these couples no longer have minor children in the home, so there are no custody battles to get through. Heaven knows a custody battle can usually be the biggest fight in a divorce and cause a divorce to drag out for months or even years. Older couples thankfully, for the most part, don’t have to worry about all the issues that come along with kids. However, there is usually more at stake financially for older couples because they are either already in retirement or nearing retirement.

Divorcing after 50 can mean a whole host of issues which younger individuals may not face, at least not to the same degree. For instance, when your past 50 you may have already accrued the bulk of your retirement or all of your retirement. If your retirement is cut in half and you are unable to sustain yourself, you might be less capable of recovering financially or in some cases you might not be capable of going back to work at all due to disability or old age. Additionally, if you are a spouse who didn’t work much during the marriage and relied on the other partner for the financial support in the marriage, it may prove difficult to enter the job market at an older age with little prior experience. For these, and many other reasons, older couples often choose to continue living together in the marriage simply out of economic necessity. Others simply can’t make that work or don’t want to and choose to divorce.

Other issues unique to older couples divorcing may include a long term business, social security, health insurance, and even end of life care. If you are over 50 years old and considering divorce, call our law firm anytime to find out more information on what issues you may be facing. An Ogden Divorce Attorney at our office is ready and willing to answer your questions.

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Retirement and Divorce

Todd Peterson — Thu, 31 Jul 2014 22:05:03 +0000

The New York Times wrote an article recently about retirement and divorce, stating that a later in life divorce can cause serious havoc for individuals retirement plans. Hopefully the more you think about this statement the more intuitive it becomes because it illustrates a very simple divorce concept that is often overlooked. That concept is that a divorce takes what was once one team/group/household, and splits it into two teams/groups/households; and obviously that means that things are going to be much more financially tight for those new entities. Where this problem most often comes up is in regards to alimony. Divorcing individuals don’t logically think through the fact that their joint income is now going to be split in two and that income that once carried one home, one retirement, one set of dishes, etc… now has to pay for two of each of those things and that means that both parties will have to cut back regardless of how vindictive they want to be or how great their attorney is.

Divorcing Later in Life

According to the New York Times article “The divorce rate in the United States among people 50 or older has doubled since 1990,” and with that rise in divorce numbers it has become very apparent that divorcing couples who are approaching retirement can’t only think about divorce but they must now think retirement and divorce. The concept above of realizing that divorce will take a serious toll on the parties standard of living is especially important when considering retirement and divorce. For aging individuals not only are they going to be short on money due to the split but if they are divorcing later in life then they are also short on time meaning they are not going to be able to recoup the losses that the divorce has cause on their retirement accounts.

Legal Counsel to Guide You

Retirement and divorce go hand in hand and most family law attorneys will tell you that retirement is one of the biggest issues of contested divorces because there is a lot of money on the table. If you are considering a possible divorce then call the attorney’s at Ogden Divorce Law right away to make sure you understand all the aspects of your situation before you make a decision about what you want to do going forward.

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Property Division at Mediation

Todd Peterson — Tue, 04 Feb 2014 19:52:24 +0000

One of the biggest issues in divorce is money and property and understandably so, as people split up they have to start thinking about how they are going to make it on their own. While everyone characterizes property division as a vindictive process of “taking every penny” or something along those lines, the reality is much different, both in purpose and outcome. While people may start out looking for revenge or to “stick it” to their ex, after a couple months of living on their own they realize their need for a stable income and their stuff.

What to Expect at Mediation

When it comes to mediation one of the scenarios that lends itself best to reaching a settlement is when the parties are only fighting over property and finances. That being said reaching a settlement is never easy and the parties should normally not expect to just be in and out at the mediation. The baseline for what a person should expect when going into mediation, in regards to property division, is that the marital estate will more or less be split in half and given 50% to each party. This doesn’t necessarily mean that everything must be sold but that is often an important option, especially when it comes to real estate.

Ogden Family Law Attorney | Getting Help for Mediation

If you are thinking about getting divorced or are already in the process of divorce and need to move toward mediation then call the lawyers at Ogden Divorce Law. Our attorneys have represented hundreds of clients in their divorce and mediation process and we can help calm your feels and protect your rights as you work towards a resolutions to your case. Call or email us today to find out more about how we can help you in your divorce.

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Health Insurance and Divorce

Chris Salcido — Wed, 18 Dec 2013 03:25:22 +0000

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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Keeping the Kids Out of the Divorce

Todd Peterson — Wed, 02 Oct 2013 15:49:55 +0000

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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Utah Child Support Calculator

Todd Peterson — Fri, 13 Sep 2013 17:11:58 +0000

A marriage is often characterized as a contract, at least by less romantic people, but a divorce is usually not viewed in the same light. The truth is though that a divorce is very much a contract between two people except for a couple little tweaks, one of which is child support and child custody. In a normal contract parties are able to contract into almost any scenario they would like, although courts can be asked to step in if there are problems with the contract the majority of the time parties can put anything they want in the contract. When it comes to divorce, child custody and especially child support contracting parties are not allowed to do as they please. Parties may agree to a custody arrangement but the judge or commissioner will look into that arrangement just to make sure that it is in the best interest of the child. As for child support the parties have virtually no control at all over what the obligation will be.

How to Calculate Child Support

Instead of allowing parties or a judge to determine what a good child support amount would be in each setting the state has instead set out specific guidelines that calculate an individual’s child support obligation based on incomes and custody arrangement. So the only real way to change child support is to change the inputs, which basically just boils down to changing the custody arrangement by adding more overnights to one party or the other. This is usually not likely to happen in most cases so the result is that parties just have to take child support as something out of their hands.

Child Support Issues in Divorce Actions | Ogden Divorce Attorney

If you are facing a divorce and are unsure of how the process works or what to expect then call Ogden Divorce Law today. We offer free consultations and can help you understand the ins and outs of the divorce system.

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Does a New Attorney in Murdoch Case Really Mean Anything

Todd Peterson — Tue, 03 Sep 2013 22:08:01 +0000

A couple months ago Ruport Murdoch filed divorce papers to separate from his wife of 14 years, Wendi. His wife of course hired an attorney to defend her in the divorce and then after about a month fired that attorney and hired a new one. After that change of counsel a lot of people speculated that the change meant that things were going to get ugly in the divorce and both parties were going to fight to the bitter end.

Why Hire an Impartial Attorney?

While it’s true that Wendi’s new counsel has represented a host of big named clients in divorces from their rich businessmen husbands, the reality is that the real reason for the change doesn’t really signal anything about what is going to happen in the divorce. Mrs. Murdoch’s former counsel was the attorney that represented her when the couple drafted their initial prenuptial agreement and since that time she has become friends with the Murdochs so a need for a more impartial counsel was necessary. One of the benefits of having an attorney represent you in any type of matter is to have a very logical and a very removed third party to help counsel you on how to proceed without having to deal with all the emotional aspects and connection in a divorce, criminal case, or any other emotional legal matter.

Hiring Your Own Impartial Third Party Counsel

If you are contemplating divorce, or are in a custody battle, or facing protective order charges, or any other family law matter you probably have a very strong emotional connection to your situation. It is very understandable that you should be emotionally connected to your marriage or your kids but the truth is that your emotional connection could cloud your judgment when making very important decisions like what kind of strategy to use in your case. The attorney’s at Ogden Divorce Law understand your situation, we know it can be a very difficult and stressful time and we strive to help relieve that stress as well as make level headed decisions that you won’t regret in the near future. If you have questions about your case please call us today, we offer free consultations and can help get you moving in the right direction after just a few minutes on the phone.

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The Importance of a Proper Financial Declaration

Todd Peterson — Wed, 28 Aug 2013 21:45:47 +0000

If you are involved in a contested domestic matter, you will likely need to file a financial declaration. In fact, there are time requirements imposed on when your financial declaration may be due. It is not only important to ensure your financial declaration is filed in a timely manner, but it is also important your financial declaration is accurately filled out and that all of the necessary documents are attached. The financial declaration you file in your case may have a huge impact on matters such as alimony, asset division, awarding attorney fees and more.

Impact on Alimony

A few of the primary factors a judge will consider when determining whether or not to award alimony and in what amount, are entirely related to the information you provide on your financial declaration. If you are asking for alimony, the judge will look to your income and your monthly expenses stated on your financial declaration to determine what your need is. Demonstrating a higher need (i.e. not being able to pay all your reasonable bills each month) may lead to a higher alimony award. On the flip side, if you are trying to minimize an alimony award against you, the judge will also being looking at your income and monthly expenses but in a different way. The judge will be trying to determine what your ability to pay is. If you can demonstrate a lower ability to pay (i.e. you are already in the red each month and can’t make your own reasonable bills), your alimony risk may be decreased.

Help From an Ogden Utah Divorce Attorney

Understanding your legal requirements regarding your financial disclosures and submitting a correct financial declaration can be key. For help in this process you can meet with an Ogden Utah Divorce Attorney at our Ogden Law Firm at your convenience.

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Utah Legal Separation Laws

Todd Peterson — Mon, 26 Aug 2013 15:32:05 +0000

When most couples hit times of serious marital discord, which they don’t think that they can overcome, they automatically turn to divorce. While divorce is some times the best decision for couple that don’t want to be together any more the reality is that its not the only option available to them. One option that is not often discussed and is usually dismissed and not very useful is legal separation. It’s true that in a lot of situations legal separation isn’t really going to give the struggling couple what they are looking for, in other situations however it is the perfect opportunity to allow the couple to get some time away from each other without completely throwing away the marriage.

What is a Legal Separation?

Plenty of couples separate every day, the get mad about something have a big fight, and one leaves. This separation may only last a couple hours, it may last years, but it is still technically a separation. The only difference between that and a legal separation is that the court is involved in a legal separation and the courts role is to make the rules of the separation binding. What this means is that a couple going through a legal separation will basically go through the same steps and issues as a divorce, i.e. property division, child custody, child support, but they will remain married. So if the couple really wants to be done with each other then they should just save their time and money and go straight to the divorce. On the other hand, if the couple still wants to hold open the possibility of reconciling then a legal separation provides a very organized route to protect everyone’s interests and rights, by separating property and deciding other issues, while still allowing for the couples to possibly reconcile in the future and return to a sound marriage again.

Ogden Legal Separation Attorney | Serving Northern Utah’s Family Law Needs

If you are having difficulties in your marriage and are unsure what your options are going forward then call Ogden Divorce Law today. We can answer your questions over the phone and help you understand what the benefits of divorce and legal separation are in your situation. Call or email us now for a free consultation.

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Marital Property in Utah

Todd Peterson — Tue, 13 Aug 2013 17:50:06 +0000

The second biggest dispute in Utah divorces after issues concerning the children are issues concerning property. There are a number of factors that encourage couples to fight over property, it may be because of greed, or they don’t want the other person to have it, or because they actually want or need the item. Whatever the reasoning is for the fight the reality is that there is often a fight and if the parties can’t come to an agreement as to how to divide their property then the judge will make the decisions for them and that decisions is usually a fair and equitable distribution which roughly means half and half.

The Basis for Dividing Property in Northern Utah Divorces

The process that a court uses to divide property in a divorce starts with identifying what is called the marital estate. What this means is that the court will first define all the property that is owned by the marriage, this includes all property acquired during the marriage or that was paid for by marital assets. Items that are non-marital property include property owned before the marriage, or property that was received by gift or inheritance during the marriage. These non-marital property items are not included in the marital estate and are awarded to the party who owned them before the marriage or received them as a gift or inheritance. The rest of the property is then divided fairly and equitably, the judge decides what is fair and equitable but it usually ends up being a close to 50/50 split.

Getting help with your Property Division Fight | Ogden Divorce Attorney

If you are going through a divorce or are about to then it is a great idea to have an experienced divorce attorney helping you understand your rights and educating you in the divorce process so you can make informed decisions. Call or email us at Ogden Divorce Law today to get your questions answered and receive the help you need.

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