family law attorney Archives - 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.

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Changing Your Child’s Name in Utah

Todd Peterson — Thu, 19 Sep 2013 19:27:01 +0000

The names we go by are an interesting phenom, some of us go by the name our parents gave us for our entire life, whether we like it or not. Some of us go by a variation of our name, some names have specific short versions like Bill instead of William and then some people are known by a nickname that has little to nothing to do with their given name. For some people their name can actually cause a lot of grief or for example a parent with a child who has a different last name.

Utah Name Change Process

Having your name changed in Utah is a fairly simply process. One of the most common scenarios that we deal with in petitioning the court to change an individual’s name is with children. For example, changing your child’s last name because the parents have divorced and the new father has adopted the child or the child’s paternal father agrees to the change. In the case of changing a minor’s name the court will consider whether the name changes is in the minor’s best interest. Some of the things that are considered are the minor’s preference, the length of time the minor has gone by their old name, among others.

Ogden Family Law Attorney | Helping with Name Changes

If you are contemplating changing the name of your child then call us today. Our attorney’s can answer all your questions and help you understand the costs and benefits of changing your child’s name. We offer free consultations so there is nothing to lose. Instead of just wondering whether or not you should have your child’s name changed, get some information so you can make an informed decision.

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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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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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Northern Utah Name Change Attorney

Todd Peterson — Fri, 09 Mar 2012 22:09:16 +0000

Most people never dream of changing their name, they couldn’t imagine being called anything else in fact. But while that may be the norm there are plenty of people out their with many different reasons for requesting a legal name change. Whether it be for religious reasons, to reflect family relationships, or simply because they don’t like their given name; many people head to the courts every year to make the switch. While the name change process in theories is quite simple, the actual process can often be quite complex, as almost everything involving a court is.

The Process

The simplified version is that a person petitions the court for the name change; they state the reasons for the change, and verification that the court has the jurisdiction to make the change. A hearing will then be scheduled after the change has been requested and the person must appear before the judge. The point of this hearing is basically to give the judge an opportunity to look over the request. The judge will normally ask the person if they are requesting the change to evade creditors and will most likely authorize the change. The only circumstances that usually cause the judge to reject a request is if the name is overly bizarre, too long ,or offensive in some way.

Ogden Family Law Attorney | Name Change Lawyer

No matter what the reasons you have for wanting a name change, the attorneys at Ogden Divorce Law can help you through that process. We have dealt with many clients desiring to change their name and we can make the process quick, easy, flexible, and as painless as possible. Our family law attorneys serve all of Northern Utah and we offer free consultations to help answer your questions and concerns before you even hire us. If you are looking for a family law attorney in Ogden then call Ogden Divorce Law today.

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