Ogden divorce lawyer Archives - 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.

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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.

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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.

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Utah’s Temporary Orders Process

Todd Peterson — Tue, 05 Nov 2013 15:39:49 +0000

Temporary Orders are exactly what they sound like, orders from the court that are temporary. They show up in divorce cases because highly contested divorces can take a very long time to resolve and so it’s important that there are rules for the parties to follow during the divorce. Temporary Orders end when another order from the court is entered, such as the divorce decree. In some situations temp orders may only last a month or two because the parties get into mediation and resolve the case. Other times temp orders last for years while the parties continue to fight over every issue of the case. Due to the uncertainty in relation to how long the divorce could last it is important to fight for good temp orders that you can live with for a long time even if you think your case is going to be over soon.

Motion and Hearing for Temporary Orders

Temporary orders are conducted through motion practice before a commissioner and what this means is that one party must motion the court for temporary orders and then a hearing must be held to decide that motion. If there are financial issues at stake such as child support or child custody then a copy of the parties financial declaration must also be submitted to the court. The usual procedure is that one party will file a motion and a supporting declaration with the court asking for the things they want to be enforced during the divorce, such as child support, child custody, alimony, and temporary property distribution. The opposing party also has the opportunity to respond to that motion as well as file their own requests for temporary orders. Then at the hearing the parties have the opportunity to argue for those things they asked for and then await the commissioners decision. In a lot of situations the parties can reach an agreement before the hearing and simply enter their agreement on the record with the commissioner.

Ogden Divorce Attorney | Family Law Representation in Northern Utah

Ogden Divorce works in all areas of Northern Utah and we can help you in your divorce case no matter the circumstances. Temporary orders can be extremely important in some cases and unnecessary in others so contact us today and we can help you figure out what is best in your case. We offer free consultations so don’t hesitate to call.

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What to Expect at Mediation

Todd Peterson — Fri, 18 Oct 2013 14:47:28 +0000

In Utah the courts require divorcing parties to attend a mediation prior to taking their divorce case to trial. This requirement is meant to alleviate the caseload of the overcrowded courts by weeding out cases that can be settled without needing a trial or the court to weigh in on all the issues. Due to this requirement a lot of Utahn’s will have to face the mediation process at some point so this post will discuss what happens in mediation and what to expect in yours.

Mediation FAQs

Will I have to see my spouse?

No. Some people envision mediation as a classic negotiation scenario where the parties are sitting across from each other at a table haggling over each issue of the deal. Divorces are very emotional scenarios and it is usually a very bad idea to get the parties in the same room arguing about the issues of their divorce. The mediation process is conducted with the parties in separate rooms, with their attorneys, if they have hired one. The mediator goes back and forth between the parties trying to facilitate a deal.

Does the mediator tell the party everything I tell him/her?

Usually not. The job of the mediator is to try and feel out what each party is comfortable with and what deal they would accept. After determining where each party sits in regards to each issue then they will try and work with each side to get them to meet in the middle.

Who pays the mediator?

Both parties pay the mediator and will split the fee 50/50. The mediator is an impartial third party so it is important to maintain that impartiality and make sure the mediator has no incentive to favor one party over the other.

What if we can’t reach an agreement?

Mediation is not always successful so in those situations when the parties are just too far apart on the issues the mediator may try and get the parties to agree on some issues and sign a partial agreement and take the other issues to trial. Or the parties may simply decide that if they are going to trial on some issues they might as well take all the issues before the judge.

Ogden Divorce Attorney | Aiding you in Mediation

If you have more questions about mediation then call Ogden Divorce Lawyer today. Our attorneys work hard to help their clients make decisions that will benefit them in the long run and help save them time and money in the short run. So call or email us today to find out more.

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First Steps in Getting Started on Your Divorce

Todd Peterson — Thu, 14 Mar 2013 17:30:05 +0000

Many individuals are going through divorce for the first time and their immediate question is normally, “how do I get started?” Most people want to know the immediate steps they should take to protect themselves and their children as they commence on the process of filing for divorce. I am writing this article to provide a few of the basic steps you can take to help ensure your interests will be protected through this process. For more detailed information you can and speak with a lawyer at our firm anytime of the day or night.

Your Safety Comes First

Most divorces do not involved physical harm or threats of physical harm. However, for many, the relationship may reach a point where there is domestic violence or where one of the parties or children are in danger. Before anything else, you need to make sure that you and the kids are safe. This does not just go for women either; we have represented both men and women in seeking protective orders from an aggressive spouse. If you have been abused, threatened with harm, or believe your safety may be at risk, you should contact law enforcement. After speaking with the police and ensuring your safety, we can help in representing you through a protective order proceeding and helping to ensure order from the court are in place to protect you through the divorce process in Utah.

Financial Steps

Neither party should ever take action in an attempt to hide assets or dispose of money or property in an attempt to circumvent the other party’s rights. However, you should be thinking about the costs involved in a divorce and how you will be able to afford legal representation. Saving funds for a day when you may need an attorney is a good idea. Additionally, you should be making sure that you are aware of what the real financial picture of the family really is how much income your spouse earns, retirement accounts, and a general understanding of all your debts and assets. Know where the money is going each month so you can be sure your spouse is not disposing or transferring martial funds.

Statute Quo Matters

If you are separated from your spouse, the status quo you maintain with regard to issues such as custody, parent time, etc. can really matter. If you are following certain custody arrangements when separated, a judge may be inclined to follow such an arrangement. Therefore, it is highly important that you try to set a status quo that you would be comfortable with actually becoming a final order from a judge.

Meeting with an Attorney

Of course we are going to tell you to speak with a lawyer before you do anything. The truth is it really makes a difference to be able to get a game plan form an Ogden Divorce Lawyer who understands your particular set of circumstances. Many attorneys do not charge for consultations. We offer free consultations over the phone so there really is no reason why you shouldn’t take advantage of that and at least get some good advice before doing anything you might find out later to be the wrong step.

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Enforcing Your Divorce Decree in Utah

Todd Peterson — Mon, 28 May 2012 22:45:06 +0000

Unfortunately for many, issues continue between divorced couples even after a final divorce decree is entered. This especially occurs with people who have children and must learn how to move forward co parenting kids after a divorce is entered. Often it takes time to really figure out how to deal with the ex spouse and keep the children’s best interest in the forefront. In some circumstances, an ex spouse may refuse to comply with a certain part of a decree. Many times it is financially related like alimony or child support, or some personal property issue. If you are facing a situation in which your former husband or wife is not complying with an order, you have rights and options for enforcing the order and getting everything back on track. If you are being accused of violating a court domestic order, you should retain an Ogden divorce lawyer at our office to take your defense.

Order to Show Cause

The primary legal tool to hold the other party accountable when they are not meeting their obligations under the divorce decree or custody order is an order to show cause. Through a motion for order to show cause, the other party will be required to appear and show cause if any why they should not be held in contempt or why a further order or judgment should not be entered against them. If the other party does not show up to the hearing and they were properly served with notice, the judge or commissioner will hold them in default on the issue in most cases. The key to remember here is you have tools available to you to make sure the decree of divorce is followed to the letter. Nobody can simply walk away from their support or custody obligations. If the other party appears at the hearing and denies the allegations in your motion, you may have an evidentiary hearing where you can put on witnesses and evidence to prove your claims.

Defending an Order to Show Cause in Ogden

If you have been served with an order to show cause, you should most certainly hire a lawyer. If you are held to be in contempt on any issue you run the risk of being sentenced to jail by the judge, at least for a couple days. Don’t take any chances, if you have been served on an enforcement action, call us right away to get started on your defense. Speak with an Ogden Utah family law attorney at our law firm now to ensure you get the best possible resolution to your case.

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Ogden Divorce Lawyer | Protecting Yourself in Divorce

Todd Peterson — Wed, 15 Feb 2012 22:48:07 +0000

We receive numerous phone calls and emails every week from individuals looking to get information from an Ogden Divorce Lawyer about steps they can take to protect themselves before they divorce. The article provides some basic information and general help about what you can do to ensure your rights and interests are protected in the event you or your spouse end up filing for divorce. What is really important is understanding what not to do so that you don’t later find yourself in hot water with a judge.

Protecting Yourself Financially | Ogden Family Law Attorney

One of the most common questions we get is the question of, “what should I do to protect myself financially in preparation for this divorce?” Really the best thing you can do to protect the assets of your marriage is to hire an Ogden family law attorney who knows how to get emergency and temporary orders in place to ensure marital assets will not be disposed of by your spouse. Many people fear their son to be ex will drain the bank accounts, sell property, or perhaps even liquidate their retirement. You fears may be warranted so it is important to speak with a lawyer and get orders from the court in place as soon as possible to prevent these types of things from happening. What you don’t necessarily want to do is try and beat your spouse to the punch. A judge may hold you accountable if you run out and drain the accounts, sell everything off, or tried to hide anything. Before you do anything, call an speak with us today. We will put a game plan together to help ensure you are protected.

Protecting Yourself and Your Kids from Abuse

Maybe even more common the question of how to protect yourself financially, is the question of how a party to divorce can protect themselves and their kids from a possible negative and violent reaction from a spouse. You do not have to fear, the law provides strong protections for families to be protected from violence and threats of physical harm. We can help you file for a protective order on your own behalf and on behalf of your children if necessary. Your safety should be your number one concern in all of this. If you are in fear, call us and we can help. If you are in immediate danger of harm you should contact the authorities immediately.

Free Consultation 801.475.0991

Call us today if you need help preparing for you divorce. We offer free consultations and are available night and day. You can also send us an email at anytime and we will get back to you asap. A Utah divorce lawyer at our firm will protect your rights, interests, and make sure your voice is head. Call now.

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