ogden divorce attorney Archives - Ogden Divorce Lawyer

Older Couples and Divorce

Chris Salcido — Fri, 24 Oct 2014 20:30:43 +0000

A trend nationally seems to be taking place. We have certainly noticed it in the past couple years at our law office. More older couples, those 50 and older, are seeking divorces these days. In fact, we stumbled across a recent article describing this trend. Older couples often face unique challenges when it comes to divorce. Most of these couples no longer have minor children in the home, so there are no custody battles to get through. Heaven knows a custody battle can usually be the biggest fight in a divorce and cause a divorce to drag out for months or even years. Older couples thankfully, for the most part, don’t have to worry about all the issues that come along with kids. However, there is usually more at stake financially for older couples because they are either already in retirement or nearing retirement.

Divorcing after 50 can mean a whole host of issues which younger individuals may not face, at least not to the same degree. For instance, when your past 50 you may have already accrued the bulk of your retirement or all of your retirement. If your retirement is cut in half and you are unable to sustain yourself, you might be less capable of recovering financially or in some cases you might not be capable of going back to work at all due to disability or old age. Additionally, if you are a spouse who didn’t work much during the marriage and relied on the other partner for the financial support in the marriage, it may prove difficult to enter the job market at an older age with little prior experience. For these, and many other reasons, older couples often choose to continue living together in the marriage simply out of economic necessity. Others simply can’t make that work or don’t want to and choose to divorce.

Other issues unique to older couples divorcing may include a long term business, social security, health insurance, and even end of life care. If you are over 50 years old and considering divorce, call our law firm anytime to find out more information on what issues you may be facing. An Ogden Divorce Attorney at our office is ready and willing to answer your questions.

The post Older Couples and Divorce 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.

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.

Keeping the Kids Out of the Divorce

Todd Peterson — Wed, 02 Oct 2013 15:49:55 +0000

Divorce is hard enough on kids. It gets even tougher when they feel like they are in the middle or have to make a choice between mom or dad. Every parent involved in a divorce needs to try as best they can to put their children’s interests first. Every child therapist, custody evaluator, or other professional seems to stress this important fact. Here are a few things we have seen good parents do in divorces we believe really helped the kids stay out of the divorce.

Don’t Discuss the Divorce with the Kids

This is often tough advice for parents to follow for a number of reasons. First the parents may have a very open relationship with their children and may be accustom to discussing openly family matters. However, parents need to keep in mind the enormous amount of stress discussing divorce issues can have on kids. Even if you are not bad mouthing your ex, discussing the divorce can be very difficult for the children. Often, the children are the ones asking the questions, sometimes they are older kids who are teenagers but still minors and still not capable of processing issues like an adult. Just because you have older children doesn’t necessarily mean they are capable of not being negatively impacted by the divorce being discussed with them in the home. You should especially refrain from disparaging the other party in front of the kids. In fact, good parents, despite their differences, are able to be positive towards the other parents relationship with the children.

Stability for the Children

Children’s lives can be turned upside down during a divorce. Maintaining a stable environment for the kids can be key to getting them through. Often this means you may have to sacrifice your own wants for custody for what you know will provide the most stable environment for the children. For instance, if you work long hours or frequently travel, a joint 50/50 custody relationship may not be in the kids’ best interests, it may be what you want but if it will lead to an unstable custody arrangement, you may want to consider alternatives.

Advice from a Lawyer

Getting good advice from an Ogden Divorce Attorney can help. A good lawyer will give you an honest assessment of your situation and provide advice to not only improve your custody position but to help keep your kids from getting too involved in the divorce. Consult with a lawyer if you have any questions about custody or other child’s issues and a good attorney will give you the best advice to help you and your children, even if it may not be exactly what you want to hear.

The post Keeping the Kids Out of the Divorce appeared first on Ogden Divorce Lawyer.

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.

The post What is a No Fault Divorce? appeared first on Ogden Divorce Lawyer.

Utah Child Support Calculator

Todd Peterson — Fri, 13 Sep 2013 17:11:58 +0000

A marriage is often characterized as a contract, at least by less romantic people, but a divorce is usually not viewed in the same light. The truth is though that a divorce is very much a contract between two people except for a couple little tweaks, one of which is child support and child custody. In a normal contract parties are able to contract into almost any scenario they would like, although courts can be asked to step in if there are problems with the contract the majority of the time parties can put anything they want in the contract. When it comes to divorce, child custody and especially child support contracting parties are not allowed to do as they please. Parties may agree to a custody arrangement but the judge or commissioner will look into that arrangement just to make sure that it is in the best interest of the child. As for child support the parties have virtually no control at all over what the obligation will be.

How to Calculate Child Support

Instead of allowing parties or a judge to determine what a good child support amount would be in each setting the state has instead set out specific guidelines that calculate an individual’s child support obligation based on incomes and custody arrangement. So the only real way to change child support is to change the inputs, which basically just boils down to changing the custody arrangement by adding more overnights to one party or the other. This is usually not likely to happen in most cases so the result is that parties just have to take child support as something out of their hands.

Child Support Issues in Divorce Actions | Ogden Divorce Attorney

If you are facing a divorce and are unsure of how the process works or what to expect then call Ogden Divorce Law today. We offer free consultations and can help you understand the ins and outs of the divorce system.

The post Utah Child Support Calculator 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 Legal Separation Laws

Todd Peterson — Mon, 26 Aug 2013 15:32:05 +0000

When most couples hit times of serious marital discord, which they don’t think that they can overcome, they automatically turn to divorce. While divorce is some times the best decision for couple that don’t want to be together any more the reality is that its not the only option available to them. One option that is not often discussed and is usually dismissed and not very useful is legal separation. It’s true that in a lot of situations legal separation isn’t really going to give the struggling couple what they are looking for, in other situations however it is the perfect opportunity to allow the couple to get some time away from each other without completely throwing away the marriage.

What is a Legal Separation?

Plenty of couples separate every day, the get mad about something have a big fight, and one leaves. This separation may only last a couple hours, it may last years, but it is still technically a separation. The only difference between that and a legal separation is that the court is involved in a legal separation and the courts role is to make the rules of the separation binding. What this means is that a couple going through a legal separation will basically go through the same steps and issues as a divorce, i.e. property division, child custody, child support, but they will remain married. So if the couple really wants to be done with each other then they should just save their time and money and go straight to the divorce. On the other hand, if the couple still wants to hold open the possibility of reconciling then a legal separation provides a very organized route to protect everyone’s interests and rights, by separating property and deciding other issues, while still allowing for the couples to possibly reconcile in the future and return to a sound marriage again.

Ogden Legal Separation Attorney | Serving Northern Utah’s Family Law Needs

If you are having difficulties in your marriage and are unsure what your options are going forward then call Ogden Divorce Law today. We can answer your questions over the phone and help you understand what the benefits of divorce and legal separation are in your situation. Call or email us now for a free consultation.

The post Utah Legal Separation Laws appeared first on Ogden Divorce Lawyer.

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.

The post Marital Property in Utah appeared first on Ogden Divorce Lawyer.