northern utah 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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Marital Property in Utah

Todd Peterson — Tue, 13 Aug 2013 17:50:06 +0000

The second biggest dispute in Utah divorces after issues concerning the children are issues concerning property. There are a number of factors that encourage couples to fight over property, it may be because of greed, or they don’t want the other person to have it, or because they actually want or need the item. Whatever the reasoning is for the fight the reality is that there is often a fight and if the parties can’t come to an agreement as to how to divide their property then the judge will make the decisions for them and that decisions is usually a fair and equitable distribution which roughly means half and half.

The Basis for Dividing Property in Northern Utah Divorces

The process that a court uses to divide property in a divorce starts with identifying what is called the marital estate. What this means is that the court will first define all the property that is owned by the marriage, this includes all property acquired during the marriage or that was paid for by marital assets. Items that are non-marital property include property owned before the marriage, or property that was received by gift or inheritance during the marriage. These non-marital property items are not included in the marital estate and are awarded to the party who owned them before the marriage or received them as a gift or inheritance. The rest of the property is then divided fairly and equitably, the judge decides what is fair and equitable but it usually ends up being a close to 50/50 split.

Getting help with your Property Division Fight | Ogden Divorce Attorney

If you are going through a divorce or are about to then it is a great idea to have an experienced divorce attorney helping you understand your rights and educating you in the divorce process so you can make informed decisions. Call or email us at Ogden Divorce Law today to get your questions answered and receive the help you need.

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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.

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What to Do if You’re Not Getting Your Visitation

Todd Peterson — Fri, 26 Jul 2013 23:04:14 +0000

Probably the most difficult issue to resolve in a divorce case is child custody. While we often deal with parties that fight over property and money as well, in the majority of cases the real issue is over who gets the kids, when, and how much. Usually everybody involved in the case wants to do what is best for the children, in fact that is the standard upon which the court is supposed to make its custody decisions. The problem, however, is that everybody has their own idea of what is best for the children, and in most cases the parties are very adamant in their resolve over their opinion of what is best for the kids. So the parties will make all the arguments they can for why they should get the custody arrangement that they think is best and although they may eventually settle with the help of their lawyers and mediators a lot of times they still don’t feel good about the arrangement, and this often leads to them violating the divorce decree by denying custody or visitation to the other parent.

How to Make Sure your Divorce Decree is Enforced

If your ex is keeping the kids from you when its your turn to have your visitation or custody then that is a big deal and you need to make sure that your rights are being protected so you can continue to be a part of your children’s life. To make sure that your ex follow the divorce decree you can file for an order to show cause hearing, where the court will inquire as to whether or not the decree was actually violated and then upon a finding that it was possibly impose penalties for non compliance.

Ogden Divorce Attorney | Order to Show Cause Hearings

If you need help enforcing your divorce decree then call Ogden Divorce Law today. We serve all areas of Northern Utah and can help you protect your rights in your case.

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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.

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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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Utah Child Support Laws

Todd Peterson — Mon, 06 Feb 2012 23:51:45 +0000

Child support can often be a highly contested issue in most divorce proceedings that involve children. Although some parents want to be able to provide for their kids, coming to an agreement of what is fair is usually not so simple. However, with the right expectations from the outset, parties can be better prepared for the issues that may arise. The basic definition of child support is the parents’ legal duty to provide financially for their children.

Understanding Child Support in Utah

In Utah child support is required and determined by statute, meaning that Utah has laws that set out a parents child support obligation based on their income and the custody arrangement. So based on that calculation the court will order that the non-custodial parent pays the custodial parent the amount set out by statute. Courts will normally set the support according to these guidelines, but in some unusual circumstances they may order a different amount. Also the parties can agree to a child support amount as long as it meets the guidelines and the court signs off on it. Along with child support the law requires that the parents provide medical insurance coverage for their children, and share costs like premiums, co-payments, and work-related child-care expenses.

Child Support Help | Ogden Divorce Attorney

Whether you have gone through a divorce or are just starting the process, the lawyers at Ogden Divorce Law can help you with your child support issues along with any other family law problems you may be having. Family law issues can be very emotional and very stressful and that is why having an attorney at your side can be so helpful. Our lawyers are sensitive to the difficult situation you are in and we will work tirelessly to make sure that your rights are protected. Call or email us today to set up a free consultation.

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