Ogden Utah Family Law Attorney Archives - Ogden Divorce Lawyer

Protective Orders and Custody

Todd Peterson — Fri, 04 Apr 2014 19:19:06 +0000

One of the difficult things about protective orders is that after a party requests the protective order, a temporary protective order is normally immediately issued and if the party requesting the protective order is married to the named respondent or they are parents together then they can request that the minor children also be included in the protective order. So regardless of whether or not there are sufficient grounds for a protective order to be issued there could be a temporary order of custody in favor of the individual who filed for the protective order. Due to the unrestrained power of this system it is often abused and protective orders are filed just to get temporary custody of the minor children or to get one of the parties kicked out of the house.

Reasons to Stay Away from Protective Orders

Obviously there are some clear situations where protective orders are very vital and can protect individuals and even save lives. However, in every other situation there are some good reasons why you should stay away from protective orders, especially if you are going through a divorce process. One of the biggest reasons why you shouldn’t try and get a protective order if you really aren’t afraid of being physically injured by your spouse is because it delays the process of your divorce and it makes people more vindictive and makes settlement negotiations more difficult.

Ogden Family Law Attorney | Getting Your Protective Order Questions Answered

If you are considering divorce or a protective order or both then you should talk to an attorney first. Call us at Ogden Divorce Law for answers to your divorce and protective order questions, we can help you make an informed decision about your situation.

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The Divorce Process: Financial Declaration

Todd Peterson — Mon, 14 Oct 2013 20:43:59 +0000

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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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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Utah Paternity Suits

Todd Peterson — Mon, 05 Aug 2013 20:09:52 +0000

In today’s world societies conventions are much less strict when it comes to not getting married and “shacking up” instead. With rising divorce rates and the difficulties that come with ending a marriage it makes sense why there is so much trepidation when it comes to tying the knot. While divorce may scare some people away from getting married that does not keep them from having to deal with divorce like issues if they do end up having a child with another person and then splitting up. If a couple has a child together and then decides that they are going to end their relationship then a divorce won’t work if they were not married and that is why there is the option of a paternity suit in Utah.

Establishing Paternity and Fighting for Custody

With how the law is set up in Utah the father in an unmarried relationship must take legal action to establish that he is the father of his child. This legal action is called a paternity suit or a paternity action and it is sometimes described as a divorce without the marriage. There are two main parts of a paternity action, the first being the establishment of paternity and the second being the judgment concerning custody and other rights pertaining to the children.

Ogden Family Law Attorney | Finding Representation for your Paternity Suit

If you have a child with your significant other but are not married and are thinking of splitting up then it is important you contact an attorney at Ogden Divorce Law to understand your rights and how to protect your parental rights like being able to see your child on a regular basis. Our experienced family law attorney’s serve all of Northern Utah and can help answer your questions as well as fight to keep you in your child’s life.

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

Todd Peterson — Tue, 23 Jul 2013 18:59:32 +0000

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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The Utah Child Support Calculator

Todd Peterson — Wed, 10 Jul 2013 17:46:57 +0000

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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How to Get Your Name Changed in Utah

Todd Peterson — Thu, 20 Jun 2013 22:47:13 +0000

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

Todd Peterson — Fri, 14 Jun 2013 15:21:40 +0000

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

Todd Peterson — Wed, 29 May 2013 21:55:31 +0000

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

Todd Peterson — Mon, 29 Apr 2013 21:41:13 +0000

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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