alimony Archives - Ogden Divorce Lawyer

Utah’s Temporary Orders Process

Todd Peterson — Tue, 05 Nov 2013 15:39:49 +0000

Temporary Orders are exactly what they sound like, orders from the court that are temporary. They show up in divorce cases because highly contested divorces can take a very long time to resolve and so it’s important that there are rules for the parties to follow during the divorce. Temporary Orders end when another order from the court is entered, such as the divorce decree. In some situations temp orders may only last a month or two because the parties get into mediation and resolve the case. Other times temp orders last for years while the parties continue to fight over every issue of the case. Due to the uncertainty in relation to how long the divorce could last it is important to fight for good temp orders that you can live with for a long time even if you think your case is going to be over soon.

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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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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Encino Man Asks Court to Lower Alimony

Todd Peterson — Tue, 20 Aug 2013 04:07:59 +0000

Complain all you want about the alimony you have to pay to your ex but I doubt it’s anywhere close to as shocking as $50,000 a month.

The actor Brendan Fraser, most popular for his roles in Encino Man and the Mummy series, is asking the Connecticut court that handled his divorce to now modify the decree. In his divorce from ex-wife Afton Fraser the court ordered that he pay $50,000 a month in alimony. However, the somewhat out-of-work actor is now telling the court that he can no longer make those payments and that he is currently $87,000 in the hole each month and the alimony award is no longer fair. While his divorce has a provision that allows for alimony to be amended if he fails to make over 3 million dollars in a year his ex-wife is claiming that hasn’t happened yet.

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Utah’s Mediation Requirement

Todd Peterson — Wed, 17 Jul 2013 17:36:52 +0000

Married couples who fight a lot often throw around statements like “I’ll take every cent you have” or “You’re not getting anything in the divorce” and while these statements carry good dramatic effect they are entirely unfounded and will almost never actually come to pass. The reality is that most divorce cases settle, meaning that eventually the parties decide to compromise and do what’s best for them, their children, and their futures; instead of fighting to the end and making the judge make the final decision. This huge turnaround from yelling threats to calmly sitting at the negotiation table is usually brought about by the help of attorney’s and mediators. Mediation is a great idea in any divorce because it allows the parties to save time and money by reaching an agreement as to property division, child custody, visitation, alimony and more.

Mediation Before Judgment

While mediation is often a good idea no matter what state you’re in, in Utah it’s not only a good idea but a requirement. Before your can take your divorce case to trial before the judge you have to have participated in mediation and at least attempted to settle your divorce amicably before you argue it to a judge. In most cases the parties realize that going to trial carries a lot of uncertainty and risk that they can avoid by compromising a little on property division, child custody, and other disputed topics. The mediation process is fairly simply and involves the parties and their lawyers sitting down with a third party mediator who does not represent either side but helps each side negotiation a settlement that both parties can live with.

Ogden Divorce Attorney | Representing you in Your Mediation

If you are getting divorce or thinking about getting divorced then its a good idea to talk to an attorney first to help you with your expectations and help you understand the process. The attorney’s at Ogden Divorce Law have helped hundreds of clients in their divorce and we know how to help you understand your options and help you defend your rights based on your decisions. Call or email us to get more info on how we can help you in your divorce and your mediation.

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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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Temporary Relief in Your Divorce

Todd Peterson — Fri, 08 Mar 2013 18:06:22 +0000

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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The 90 Day Waiting Period

Todd Peterson — Fri, 08 Feb 2013 17:04:33 +0000

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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Is Your Divorce Uncontested?

Todd Peterson — Fri, 21 Dec 2012 18:02:37 +0000

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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Two Types of Divorce | Northern Utah Divorce Attorney

Todd Peterson — Tue, 27 Dec 2011 20:50:42 +0000

When most people think of a divorce they think about a long drawn out process with plenty of fighting and name calling. However, it doesn’t always have to be like that. Obviously, in the majority of cases the parties cannot come to an agreement because that is precisely the reason they are getting a divorce. In the cases where the parties can meet in the middle though they can go through what is called an uncontested divorce. The uncontested divorce versus the contested divorce is normally, much cheaper and quicker.

Uncontested Divorce Process

The process required for an uncontested divorce is quite simple. The basic idea is that both parties agree to the terms of the divorce and they are simply entering into an agreement stating the terms that they agree to. There are some other divorce requirements that can be waived such as divorce education and the waiting period but in essence the parties just sign the agreement and wait for the court to approve it.

Contested Divorce Process

In a contested divorce the whole process is focused on coming up with the ultimate agreement, or the divorce decree. Both parties will put forth the things they think they should get concerning, custody, alimony, property, etc… and there may also be temporary order hearings, mediation, as well as other things but in the end the court is going to make a decision as to what the terms are of the agreement.

Ogden Divorce Lawyer | Northern Utah Family Law Practice

Regardless of your circumstances, whether you think you qualify for an uncontested divorce or not, the lawyers at Ogden Divorce Law can help you. Our attorneys have represented hundreds of divorce clients and we know how to deal with the problems and issues that arise. Call or email us today to set up a free consultation.

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