divorce 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.

The post What to Expect from Mediation appeared first on Ogden Divorce Lawyer.

Protective Orders and Custody

Todd Peterson — Fri, 04 Apr 2014 19:19:06 +0000

One of the difficult things about protective orders is that after a party requests the protective order, a temporary protective order is normally immediately issued and if the party requesting the protective order is married to the named respondent or they are parents together then they can request that the minor children also be included in the protective order. So regardless of whether or not there are sufficient grounds for a protective order to be issued there could be a temporary order of custody in favor of the individual who filed for the protective order. Due to the unrestrained power of this system it is often abused and protective orders are filed just to get temporary custody of the minor children or to get one of the parties kicked out of the house.

Reasons to Stay Away from Protective Orders

Obviously there are some clear situations where protective orders are very vital and can protect individuals and even save lives. However, in every other situation there are some good reasons why you should stay away from protective orders, especially if you are going through a divorce process. One of the biggest reasons why you shouldn’t try and get a protective order if you really aren’t afraid of being physically injured by your spouse is because it delays the process of your divorce and it makes people more vindictive and makes settlement negotiations more difficult.

Ogden Family Law Attorney | Getting Your Protective Order Questions Answered

If you are considering divorce or a protective order or both then you should talk to an attorney first. Call us at Ogden Divorce Law for answers to your divorce and protective order questions, we can help you make an informed decision about your situation.

The post Protective Orders and Custody appeared first on Ogden Divorce Lawyer.

New Bill Would Make for Even More Divorce Education Classes

Todd Peterson — Fri, 28 Feb 2014 23:01:31 +0000

20 years ago the Utah legislature passed an innovative and unique law for the time. The new law required that individuals with kids who were going through a divorce had to take a two-hour divorce education class. The class focuses on how to keep your kids out of the divorce proceedings and tips on how to help your kids deal with the difficulties put on them by having their parents divorcing. While that was a unique law 20 years ago it has now become commonplace today and many states have similar laws on the books.

The Utah Legislature is at it Again

Now with 20 years of divorce education classes under it’s belt Utah is now looking to add another class to the mix. The Utah legislature is currently contemplating passing a bill that would require individuals to take a class before they could file for divorce. The idea behind the bill is that it will illustrate some of the pros and cons of divorce and hopefully help some individuals realize they don’t want to get divorced. Apparently the state thinks they have an interest in reducing the divorce rate in Utah. That aside, the reality is that this bill could lengthen the already arduous and difficult process that is getting a divorce in the state of Utah and that alone has some people unhappy.

Ogden Divorce Attorney | Helping Answer Your Questions

If you are thinking about getting divorced and want to know the procedure or have any other questions then call Ogden Divorce Law today. Our experienced attorneys can help you understand the likely outcomes and let you know how we could help you along the way. Divorce is stressful enough so don’t do it alone and don’t leave the outcome up to chance, hire a knowledgeable Ogden divorce attorney who can help protect your rights and relieve your stress.

The post New Bill Would Make for Even More Divorce Education Classes appeared first on Ogden Divorce Lawyer.

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.

The post Property Division at Mediation appeared first on Ogden Divorce Lawyer.

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.

The post Taking Your Divorce to Trial appeared first on Ogden Divorce Lawyer.

Grounds for Divorce

Todd Peterson — Mon, 06 Jan 2014 15:57:20 +0000

As divorce attorneys we hear a lot of complaints from clients about their spouse that they are divorcing and they can get pretty outrageous. A recent report from the Huffington Post however has a spouse complaining that her husband eat’s his peas with his bread instead of a fork and that is why she is asking for divorce. Maybe this woman was just looking for a way out and she saw the classic Seinfeld episode where Jerry broke up with a girl because she ate her peas one at a time. Regardless of the genuineness of her claim that her husbands table manners were the reason for the divorce the reality is that in most states she doesn’t really need a reason to get divorced other than simply claiming irreconcilable differences.

No Fault Divorce

Historically parties needed a good reason to get divorced, especially the female, they couldn’t simply state that they didn’t like their spouse any more. Whether it was abandonment, adultery, or some other claim the parties had to convince the court that they deserved a marriage from their spouse and they needed to be able to put the fault of the divorce on their spouse to get released from their marriage contract. As with a number of areas of the law, divorce has come a long ways over the years. Today in Utah if a person wants to get divorced they don’t have to prove anything to establish grounds for divorce, they can simply state that there are irreconcilable difference and that is the reason for the divorce. An individual can be granted a divorce regardless of whether or not their spouse wants the divorce or has done anything particularly wrong.

Ogden Divorce Attorney | Helping with your Divorce

If you have made the decision to get divorced then the first thing you should do is speak with an experienced family law attorney from Ogden Divorce Law. Our attorneys have helped hundreds of clients in their divorce and we can help you understand the process and get answers to your questions. Call or email us today for a free consultation over the phone.

The post Grounds for Divorce appeared first on Ogden Divorce Lawyer.

Divorce and the Holidays

Todd Peterson — Thu, 26 Dec 2013 16:35:35 +0000

Everyone knows the cliches about the difficulties that come with spending time with family around the holidays but the reality is that the holidays do put a serious strain on relationships. With the financial pressures of Christmas and fights over extended family gatherings, the holiday season is often the straw that broke the camels back and which leads to the beginning of the divorce process. Before making the decision to get divorced or before starting the process it is very beneficial for individuals to understand a little more about divorce.

The Realities of Divorce

A lot of individuals come into our office and they either want the world or they are concerned that their spouse is going to take everything and the first reality to understand is that there are seldom huge windfalls for either party in divorce. Most divorces end in a settlement agreement between the parties after they realize this fact and decide to make compromises and the divorces that do actually go to trial are decided by the judge who tries to make a fair and equitable decision. So even though your spouse may be yelling “I’m going to take every penny” the reality is that both parties are probably going to come out of the divorce thinking they didn’t get enough or they gave to much, that’s just the nature of compromise.

Hiring a Divorce Attorney

One of the best decisions you can make in your divorce is hiring an experienced family law attorney to help you understand the divorce process and counsel with you about what decisions you should be making. Divorce is stressful but with an attorney from Ogden Divorce Law you can feel comforted that your rights are being looked out for and that someone is fighting for you. Call or email us today to find out how we can help you.

The post Divorce and the Holidays appeared first on Ogden Divorce Lawyer.

Health Insurance and Divorce

Chris Salcido — Wed, 18 Dec 2013 03:25:22 +0000

Over the years we have talked to numerous clients who retain us to represent them in separation actions as opposed to divorce. One reason an individual and in some cases both parties may want to file a separate maintenance action as opposed to divorce is related to health insurance coverage. Most health insurance policies do not permit a spouse to carry a divorced spouse on the insurance policy as a dependent. This is problematic for some couples especially where they are in agreement on divorce but the non policy holding party needs ongoing medical care and neither party want to leave them without coverage. In recent years we have helped numerous individuals separate getting temporary orders of alimony, child support, custody, property division, etc. while still being able to maintain their spouse on their health insurance and technically staying divorced. Thus, many people have stayed married simply for the health insurance benefits

Obamacare and Health Insurance

One of the unintended consequences of the Affordable Care Act (Obamacare) is that many, if not all, couples who use to be facing the conundrum of wanting to be divorced but needing to stay married for the insurance, will not have to worry about losing coverage. You see, a spouse being dropped off a policy should now qualify for subsidies insurance on his/her own and cannot be turned away for preexisting conditions. Therefore, the result will be more people will likely be getting divorced. That is, less people will be staying together in a marriage solely for health insurance.

Speaking with a Lawyer

If you are considering legal separation, divorce, or any other legal action against a spouse, an Ogden Divorce Lawyer at our firm can help. We can also help you explore new health insurance options and point you in the right direction to make your divorce transition as smooth as possible.

The post Health Insurance and Divorce appeared first on Ogden Divorce Lawyer.

Ex Husband Uses Craigslist to Sell Wedding Ring

Todd Peterson — Wed, 04 Dec 2013 22:41:30 +0000

A Pennsylvania man ended up with his ex wife’s engagement ring after the divorce and as is the case with most recently divorced individuals he didn’t want to keep the ring to remind him of the experience. Instead the man went to craigslist to sell the ring, the price tag? $1,800.

The most noteworthy part of the craigslist post however was the sales pitch. The man listed the ring as having only one flaw, and that flaw is that it was worn by “satan herself” and had brought him nothing but bad luck such as “downed power lines” and “swarms of locust.”

The post Ex Husband Uses Craigslist to Sell Wedding Ring appeared first on Ogden Divorce Lawyer.

Protective Orders and the Divorce Process

Todd Peterson — Wed, 27 Nov 2013 17:21:23 +0000

A lot of divorce cases begin with a fight, sometimes a serious fight that results in domestic violence charges. In these more serious cases the alleged injured party is usually referred to Legal Aid Services or some other free legal provider that encourages them to file a protective order against there spouse. A protective order is an order from the court stating that one party cannot contact the other party or come within so many feet of that person’s home, place of work, or even sometimes the school their kids go to. When a protective order is filed the court will normally issue a Temporary Protective Order and then schedule a hearing so that both parties can come before the judge/commissioner and tell their side of the story.

Fighting Against a Protective Order

For better or worse a protective order is very easy to obtain and the standard a petitioner has to meet is very low. At the protective order hearing the judge/commissioner will be trying to determine whether domestic violence has taken place or whether the respondent is an immediate threat to the petitioner’s physical safety. In a lot of these cases there are no other witnesses or physical evidence so it comes down to who the commissioner thinks is more credible and unfortunately the court usually just enters the protective order to be on the safe side.

Getting Help for Your Protective Order Case

If you are facing a protective order and are worried about the effects it could have on you then call Salcido Law Firm today for help. We can answer your questions and explain the basic structure of the legal process so you can understand the possible outcomes you are facing. Our attorneys have represented hundreds of family clients and are experienced in protective order defense so call us today to get the help and protection you need.

The post Protective Orders and the Divorce Process appeared first on Ogden Divorce Lawyer.