family law Archives - 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.

The Divorce Process: Financial Declaration

Todd Peterson — Mon, 14 Oct 2013 20:43:59 +0000

What most people don’t often realize about the divorce process is that it is a civil suit. It may not be the exact same type of thing as suing an insurance company because of a car accident or something like that it still follows most of the same rules as other civil lawsuits. One of the phases of a civil suit is discovery. Discovery is the fact gathering part of a lawsuit, where both parties try and support their cases with evidence they obtain from the other party or from some other methods. In a divorce proceeding the process of discovery is initiated with what are called the initial disclosure and the financial declaration.

What is the Financial Declaration

A very large part of most divorces is about money. How will assets be distributed? Will alimony be paid? Who will pay child support? and so forth. Due to this large emphasis on money the courts require that both parties in a divorce fill out a financial declaration and provide a copy of said declaration to the other party. The financial declaration is basically a snapshot of your finances, such as income, expenses, debts, assets, as well as documentation to show the veracity of the numbers you have put down. In some scenarios, such as temporary orders hearings, you will also have to provide the court with a copy of your financial declaration.

Divorce Attorneys In Ogden | Call Ogden Divorce Law Today

The divorce process can be convoluted and complicated at times and that is why you should probably speak with a qualified family law attorney to get help with your case. At Ogden Divorce Law we focus on making sure our clients understand the process as best as possible so they can make informed decisions about their future. Call or email us today for a free consultation.

The post The Divorce Process: Financial Declaration appeared first on Ogden Divorce Lawyer.

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.

The post Changing Your Child’s Name in Utah 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 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.

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.

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.

The post Prenups in Utah appeared first on Ogden Divorce Lawyer.

How to Get Your Name Changed in Utah

Todd Peterson — Thu, 20 Jun 2013 22:47:13 +0000

The name changes we all hear about are a little outrageous, like Metta World Peace or Chad Ochocinco; but aside from publicity stunt name changes there are plenty of reasonable reasons for a person to change their name. For example an individual may have gone by their middle name or some variation of their name for their whole life and finally wants to avoid all the confusion that creates and just change their name to make it legally match what everyone knows them by. Another example is when an adoptive parent whether its a step parent or two adoptive parents want their child’s last name to match theirs.

The Name Change Process in Ogden

Why the reason for the name change is important is because to receive a name change in utah the petitioner, or the person requesting the change must submit a petition to the court stating three things in particular:

1. that the petition is a resident of the county of the court that is hearing the case;

2. what the proposed new name is; and

3. why the name change is being requested.

The main reason for these requirements is that the judge is going to be looking to make sure that the new name is not offensive, vulgar, or overly complicated. If the judge feels like this is a valid name change that won’t cause problems then he/she will sign off on the order and the name change will be complete, except for getting it changed on all your legal documents.

Ogden Attorney for Name Changes

If you are thinking about changing your name but aren’t sure about the process then call Ogden Divorce Law today. We can help you understand how everything will take place, the difficulties and benefits of changing your name and the cost. Call or email us today to find out more.

The post How to Get Your Name Changed in Utah appeared first on Ogden Divorce Lawyer.

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.

The post Is Your Divorce Uncontested? appeared first on Ogden Divorce Lawyer.