child custody 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.

The post Utah’s Temporary Orders Process appeared first on Ogden Divorce Lawyer.

Utah Child Support Calculator

Todd Peterson — Fri, 13 Sep 2013 17:11:58 +0000

A marriage is often characterized as a contract, at least by less romantic people, but a divorce is usually not viewed in the same light. The truth is though that a divorce is very much a contract between two people except for a couple little tweaks, one of which is child support and child custody. In a normal contract parties are able to contract into almost any scenario they would like, although courts can be asked to step in if there are problems with the contract the majority of the time parties can put anything they want in the contract. When it comes to divorce, child custody and especially child support contracting parties are not allowed to do as they please. Parties may agree to a custody arrangement but the judge or commissioner will look into that arrangement just to make sure that it is in the best interest of the child. As for child support the parties have virtually no control at all over what the obligation will be.

How to Calculate Child Support

Instead of allowing parties or a judge to determine what a good child support amount would be in each setting the state has instead set out specific guidelines that calculate an individual’s child support obligation based on incomes and custody arrangement. So the only real way to change child support is to change the inputs, which basically just boils down to changing the custody arrangement by adding more overnights to one party or the other. This is usually not likely to happen in most cases so the result is that parties just have to take child support as something out of their hands.

Child Support Issues in Divorce Actions | Ogden Divorce Attorney

If you are facing a divorce and are unsure of how the process works or what to expect then call Ogden Divorce Law today. We offer free consultations and can help you understand the ins and outs of the divorce system.

The post Utah Child Support Calculator appeared first on Ogden Divorce Lawyer.

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.

The post Does a New Attorney in Murdoch Case Really Mean Anything appeared first on Ogden Divorce Lawyer.

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.

The post Utah Legal Separation Laws appeared first on Ogden Divorce Lawyer.

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.

The post Utah Paternity Suits appeared first on Ogden Divorce Lawyer.

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.

The post Utah’s Mediation Requirement appeared first on Ogden Divorce Lawyer.

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.

The post The Utah Child Support Calculator appeared first on Ogden Divorce Lawyer.

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.

The post Modifying a Divorce Decree appeared first on Ogden Divorce Lawyer.

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.

The post Temporary Relief in Your Divorce appeared first on Ogden Divorce Lawyer.

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.

The post The 90 Day Waiting Period appeared first on Ogden Divorce Lawyer.