The Basics of Mediation

Mediation is a fairly simply process but if done correctly it can have very rewarding results. The parties are separated into different rooms and a trained mediator goes back and forth between the rooms attempting to facilitate negotiation. If the parties have attorneys then they can have their attorney in the room with them to help them understand their options and what the possible outcomes could be if they decide to go to trial instead of settling. If the parties come to an agreement then they will sign a stipulation and settlement agreement at the end of mediation that will ultimately be filed with the court. One of the important things to remember, however, about mediation is that the only thing that ultimately matters about the process is what is written in that stipulation and settlement agreement. The parties will discuss a bunch of different things and possible scenarios but in the end none of it is worth anything unless it is written down in the paperwork that is signed by both parties.

Northern Utah Divorce Attorney – Getting Help with Mediation

If you are thinking about divorce or are already involved in the process then call the attorneys at Ogden Divorce Law to get help with your case. We can help you prepare for and go through mediation and we can help you defend your rights in the process. Call or email us today to find out more.

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The Utah Legislature is at it Again

Now with 20 years of divorce education classes under it’s belt Utah is now looking to add another class to the mix. The Utah legislature is currently contemplating passing a bill that would require individuals to take a class before they could file for divorce. The idea behind the bill is that it will illustrate some of the pros and cons of divorce and hopefully help some individuals realize they don’t want to get divorced. Apparently the state thinks they have an interest in reducing the divorce rate in Utah. That aside, the reality is that this bill could lengthen the already arduous and difficult process that is getting a divorce in the state of Utah and that alone has some people unhappy.

Ogden Divorce Attorney | Helping Answer Your Questions

If you are thinking about getting divorced and want to know the procedure or have any other questions then call Ogden Divorce Law today. Our experienced attorneys can help you understand the likely outcomes and let you know how we could help you along the way. Divorce is stressful enough so don’t do it alone and don’t leave the outcome up to chance, hire a knowledgeable Ogden divorce attorney who can help protect your rights and relieve your stress.

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The Process of Obtaining Temporary Separation Orders

Even if you and your spouse agree on your separation terms, you should still seek the assistance of an Ogden Utah Divorce Lawyer. Unlike an uncontested divorce in Utah, there is not an easy online system for parties to obtain temporary separation orders in Utah. The action is commenced by the filing of a petition which must include a few specific statutory terms. The case must then proceed to a judge’s final order either by agreement of the parties or by contested litigation. The process may sounds simple but unless you have experience in this area, you may find yourself caught up not knowing how to get it done. The Utah Court’s website suggests clients hire attorneys to file this action.

Potential Effect of Temporary Separation Orders

One thing to consider before pursuing a temporary separation order is the effect of putting in place a status quo. Let me explain this in a little more detail. Say for instance you decide your spouse will have primary custody of the children and temporary possession of the marital home while you are separated. Things later go badly and the separation turns into a divorce but you decide you no longer like the current arrangements. You may have an uphill battle to change the prior agreed terms. This is because the status quo is an important principle for the judges to consider. If the children are well adjusted to a particular custody arrangement that has been in place for some time during separation, it might be unlikely the judge will want to upset that. Thus, before you do anything make sure you consult with a member of our team to understand all the potential side effects of your decisions.

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Divorce and Trial

In divorces the trial process is the last step in the divorce and is only reached if the parties are unable to come to an agreement on their own. At trial the parties will make their arguments to the judge as well as provide evidence if they have any, as they try and convince the judge that they should receive what they are asking for from the divorce, such as child custody, alimony, or a certain property distribution. The standards that the judge will judge a case on in family law are very loose and there are few if any bright line rules. When it comes to child custody the judge will try and do what is in the best interest of the child and in regards to property distribution and alimony the judge will attempt to effectuate a fair and equitable distribution. Other than that the judge can really consider any arguments and make his or her decision based on close to anything and the that is why so few cases go to trial because parties would rather resolve case themselves instead of having the judge do it for them. However, there are cases where the parties simply cannot come to an agreement and when that happens that is what the trial process and the judge are there for.

Experience Family Law Trial Attorney

If you’re thinking about getting divorce then having an experienced trial attorney can be very helpful even if you don’t end up going to trial. Having been through the trial process an experienced attorney can better help you frame your decision making when dealing with settlement offers and mediation. If you have questions about your divorce call Ogden Divorce Law for help.

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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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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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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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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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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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Utah’s Divorce Laws

As society has continued to change the need for a “good reason” to get divorced has all but vanished. If you look through most current divorce filings you will see the grounds for divorce in almost every case being irreconcilable differences. What this means is open to interpretation but the effect it has on the divorce system is that fault is no longer important, and that is why divorces in Utah are considered no fault divorces.

A lot of times we’ll get calls from individuals that want a divorce because their spouse has cheated on them and they believe this entitles them to win every issue of the divorce. While infidelity is a terrible thing for anyone to have to go through the justice system does not really put that much weight on the fact that adultery lead to the divorce. The parties will still be treated equally by the court for the most part regardless of the fact that one was unfaithful.

Ogden Divorce Attorney | Helping You Understand the Process

One of the most difficult things about divorce is not knowing what the rules of the game are and that is exactly why you should hire an attorney. At Ogden Divorce Law we try and help you understand the process and set your expectations accordingly. If you know the basic standards by which the process is handled you will be more prepared for the outcomes you obtain and less infuriated by them. Call or email us today for a free consultation to learn more.

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