divorce 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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Property Division at Mediation

Todd Peterson — Tue, 04 Feb 2014 19:52:24 +0000

One of the biggest issues in divorce is money and property and understandably so, as people split up they have to start thinking about how they are going to make it on their own. While everyone characterizes property division as a vindictive process of “taking every penny” or something along those lines, the reality is much different, both in purpose and outcome. While people may start out looking for revenge or to “stick it” to their ex, after a couple months of living on their own they realize their need for a stable income and their stuff.

What to Expect at Mediation

When it comes to mediation one of the scenarios that lends itself best to reaching a settlement is when the parties are only fighting over property and finances. That being said reaching a settlement is never easy and the parties should normally not expect to just be in and out at the mediation. The baseline for what a person should expect when going into mediation, in regards to property division, is that the marital estate will more or less be split in half and given 50% to each party. This doesn’t necessarily mean that everything must be sold but that is often an important option, especially when it comes to real estate.

Ogden Family Law Attorney | Getting Help for Mediation

If you are thinking about getting divorced or are already in the process of divorce and need to move toward mediation then call the lawyers at Ogden Divorce Law. Our attorneys have represented hundreds of clients in their divorce and mediation process and we can help calm your feels and protect your rights as you work towards a resolutions to your case. Call or email us today to find out more about how we can help you in your divorce.

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Taking Your Divorce to Trial

Todd Peterson — Wed, 15 Jan 2014 22:55:18 +0000

The first thing potential lawyers learn when they get to law school is that practicing law is nothing like how it’s portrayed in movies and t.v. The classic movie scene of an attorney is being in trial before the judge and jury arguing for your client, and having some smoking gun evidence to bring in which surprises everyone and wins the case. In reality very few cases go to trial and that’s for a number of reasons, the two biggest reasons however are money and uncertainty. Going to trial involves a lot of trial preparation by your attorney and the more your attorney works on your case the more money you have to pay him or her. Going to trial also involves a lot of uncertainty, while your attorney can give you an idea of some possible outcomes he or she cannot tell you how the jury or judge is going to ultimately rule on your case and therefore you have to be prepared for almost anything.

Divorce and Trial

In divorces the trial process is the last step in the divorce and is only reached if the parties are unable to come to an agreement on their own. At trial the parties will make their arguments to the judge as well as provide evidence if they have any, as they try and convince the judge that they should receive what they are asking for from the divorce, such as child custody, alimony, or a certain property distribution. The standards that the judge will judge a case on in family law are very loose and there are few if any bright line rules. When it comes to child custody the judge will try and do what is in the best interest of the child and in regards to property distribution and alimony the judge will attempt to effectuate a fair and equitable distribution. Other than that the judge can really consider any arguments and make his or her decision based on close to anything and the that is why so few cases go to trial because parties would rather resolve case themselves instead of having the judge do it for them. However, there are cases where the parties simply cannot come to an agreement and when that happens that is what the trial process and the judge are there for.

Experience Family Law Trial Attorney

If you’re thinking about getting divorce then having an experienced trial attorney can be very helpful even if you don’t end up going to trial. Having been through the trial process an experienced attorney can better help you frame your decision making when dealing with settlement offers and mediation. If you have questions about your divorce call Ogden Divorce Law for help.

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What is a No Fault Divorce?

Todd Peterson — Fri, 27 Sep 2013 17:32:43 +0000

The history of marriage and divorce is quite interesting. As many know there was a time when divorce wasn’t even an option, the wedding vow “’til death do us part” was quite literal. However, over time as society changed divorce became a possibility but there still needed to be a good reason for it, you couldn’t just say you wanted a divorce and get one. At common law there were a number of reasons why you could get a divorce such as adultery, desertion, insanity, drunkiness, and so on. Most of these revolved around one of the parties breaking wedding vows or no longer being fit for marriage and this system of divorce aimed at placing fault for the divorce on one party or the other.

Utah’s Divorce Laws

As society has continued to change the need for a “good reason” to get divorced has all but vanished. If you look through most current divorce filings you will see the grounds for divorce in almost every case being irreconcilable differences. What this means is open to interpretation but the effect it has on the divorce system is that fault is no longer important, and that is why divorces in Utah are considered no fault divorces.

A lot of times we’ll get calls from individuals that want a divorce because their spouse has cheated on them and they believe this entitles them to win every issue of the divorce. While infidelity is a terrible thing for anyone to have to go through the justice system does not really put that much weight on the fact that adultery lead to the divorce. The parties will still be treated equally by the court for the most part regardless of the fact that one was unfaithful.

Ogden Divorce Attorney | Helping You Understand the Process

One of the most difficult things about divorce is not knowing what the rules of the game are and that is exactly why you should hire an attorney. At Ogden Divorce Law we try and help you understand the process and set your expectations accordingly. If you know the basic standards by which the process is handled you will be more prepared for the outcomes you obtain and less infuriated by them. Call or email us today for a free consultation to learn 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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