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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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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Spousal support or alimony is one of the most hotly contested items in divorce cases.  Although some couple are able to amicably reach an agreement many cannot and those who cannot agree force judges to decide the issue for them.

How does a judge decide alimony? Unlike child support in Utah, there is no online calculator that you can use to determine how much alimony should be paid, and one size does not fit all.

Olson v. Olson

Fortunately Utah divorce case law gives us much guidance on the issue of alimony.  In one recent case the Utah Court of Appeals reaffirmed the principle that alimony should be based on a showing of need.

In Olson v. Olson the wife in a divorce action appealed a district court’s finding that she was entitled to $1,000 per month for 18 years.  The parties had been married for 18 years at the time of divorce and the wife was living in the marital home debt free.  The alimony would start after wife sold the marital home and would last for 18 years.  The court considered that wife’s needs would increase after she was no longer living rent free.  Nonetheless, wife felt she was entitled to $2,000/month.

On appeal the court found that the district court’s ruling was correct because it made its decision based on the wife’s needs.  Wife argued that since her husband made much more money than she and since a $2,000 award would better equalize their incomes she was entitled to that increased award.  The Court of Appeals did not agree: “Regardless of the payor spouse’s ability to pay more, the recipient spouse’s demonstrated need must constitute the maximum permissible alimony award.”

Other Factors Considered

In addition to need a court will consider the parties’ standard of living, the spouse’s earning capacity, and the fault of either party such as committing adultery.  Needless to say, need is the most easily calculable and these other factors can make an alimony amount more difficult to determine.

Call Us for Excellent Divorce Representation

Divorce is a difficult time and you shouldn’t go it alone.  If you believe you are entitled to spousal support get an experienced Utah divorce attorney on your side to help ensure you are getting an amount that is fair and reasonable.  Likewise, if your spouse is trying to obtain alimony from you make sure you get the protection you need to make sure you pay only that to which your spouse is entitled.

Call us anytime at 801.475.0991.

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