attorney Archives - Ogden Divorce Lawyer

What to Expect from Mediation

Todd Peterson — Wed, 14 May 2014 19:18:37 +0000

In Utah, mediation is required before a court will allow a divorcing couple to set a trial date. Due to this statutory requirement it is a good idea for individuals to prepare themselves for the possibility of mediation in their divorce and what they should expect. Along with mediation being required by law it is also usually a really good idea for divorcing parties because it helps people come to a settlement instead of wasting time and money to fight over things in court. That being said there are plenty of cases where the parties simply cannot come to an agreement; whether that be for justified reasons because the parties simply have different views of what is in the best interest of the child or because one of the parties simply won’t budge.

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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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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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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Prenups in Utah

Todd Peterson — Wed, 03 Jul 2013 15:00:48 +0000

In Utah not a lot of people know about prenuptial agreements other than what they hear on t.v. and this may be due to the fact that a lot of people get married very young in Utah. For first marriages or people getting married young a prenuptial or premarital agreement doesn’t make much sense because there are little to no assets to protect. The idea behind a premarital agreement is that you protect your personal assets from fully becoming marital assets when you get married by laying out how the divorce process will be conducted if the marriage results in a divorce. Clearly a prenuptial or premarital agreement isn’t something you should bring up seconds after the proposal but in many situations it is the smart and logical thing to do.

How to Make Your Prenup Defendable in Court

One of the biggest mistakes that people make in their premarital agreements is to make it one sided, meaning it only outlines the property of one of the parties and only protects one person. If the judge believes that the agreement is unfair and doesn’t protect the interests of both parties then he may find it unconscionable and throw it out, therefore nullyfing your hard work and preparation to make sure you’d be protected in the event of a divorce. Even if one of the parties doesn’t really have any assets its important to draft the premarital agreement so it is as fair as possible given the circumstances.

Ogden Premarital Agreements Lawyer

If you are looking to get married and you have assets that you would like to protect in case of divorce then contact Ogden Divorce Law. We understand your concerns and can help you understand the law and the possible benefits of a premarital agreement. Call or email us today to get your questions answered and to get the help you need to make the right decision for you.

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