Ogden family law attorney Archives - 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.

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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.

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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.

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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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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 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.

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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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Utah Dating Violence Protective Orders

Todd Peterson — Wed, 29 May 2013 21:55:31 +0000

Traditionally, Utah courts have only offered protective orders to three classes of people. Meaning for an individual to get an order from the court keeping another individual away from them they had to have a certain relationship with that person. These three categories were individuals who are related, who live or have lived together, or who have parented a child together. Over the years the Utah legislature has had concerns over whether or not these categories were too restrictive and left some individuals, that were in need of protection, out in the cold. While there is the option of a civil stalking injunction regardless of the parties relationship the legislature has now gone beyond that and created a new class of protective order for people who are only dating and not related or living together.

The New Dating Violence Protective Order

With the recent passing of the dating violence protective order bill the Utah legislature has created a new law that allows for a person in a dating relationship to get a protective order against their partner if they have been subjected to abuse or violence by their partner. In fact the law actually extends to include situations where no abuse or violence has taken place but where there is a substantial likelihood that there will be abuse or violence.

Ogden Family Law Attorney | Getting Help with Your Protective Order Case

If you live in Northern Utah, such as Ogden, Farmington, Bountiful, or Logan, and are involved in a protective order case or would like to start a protective order case then call Ogden Divorce Law today. Whether you are the petitioner or respondent, or whether it is a traditional protective order case or a new dating violence protective order you can be sure that the attorneys at Ogden Divorce Law know how to help you and will make sure that your rights are protected. Call or email us today to find out how we can help you.

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Separation During Divorce | Ogden Divorce Attorney

Todd Peterson — Thu, 11 Apr 2013 16:26:54 +0000

Physically separating during a divorce is usually a good idea. For some this may seem to go without saying but a surprising number of people stay living under the same roof while their divorce is pending, and in some cases even after the divorce is made final. If you are considering living together while your divorce is pending, you should be very cautious. We have seen too many cases in which for one reason or another, the parties stay living together even after one files for divorce, and domestic violence or other serious problems arise. Inevitably, no matter how amicable the divorce may be, if you are living together the potential for conflict is greatly increased. Your spouse or soon to be ex might just come home one day and start and argument over something causing things to spiral out of control. Be careful and at a minimum consult with an Ogden Divorce Attorney in our office about your options for separation before making a decision to enter a “nesting arrangement” with someone you may have very strong negative feelings for.

Children and Separation

Separation is also a good idea if it will help reduce the conflict witnessed in the home by children. Children are sponges and soak up nearly everything their parents do. Keep this in mind. Staying together in the same home during divorce or other proceedings only increases the chances your children will be exposed to fighting, or a generally negative environment. It may also send mixed signals to the children about how the family structure is going to be organized once mom and dad are no longer married. No matter what the financial convenience may be for not physically separating, your children’s best interests should come first over everything in your divorce.

Free Consultations

We offer free consultations so if you need help with questions regarding separation, there really is no reason not to pick up the phone and speak with a Ogden Family Law Attorney today. Call us at any hour of the day or night, 801.317. 8232.

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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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