Ogden Utah divorce attorney Archives - Ogden Divorce Lawyer

The Importance of a Proper Financial Declaration

Todd Peterson — Wed, 28 Aug 2013 21:45:47 +0000

If you are involved in a contested domestic matter, you will likely need to file a financial declaration. In fact, there are time requirements imposed on when your financial declaration may be due. It is not only important to ensure your financial declaration is filed in a timely manner, but it is also important your financial declaration is accurately filled out and that all of the necessary documents are attached. The financial declaration you file in your case may have a huge impact on matters such as alimony, asset division, awarding attorney fees and more.

Impact on Alimony

A few of the primary factors a judge will consider when determining whether or not to award alimony and in what amount, are entirely related to the information you provide on your financial declaration. If you are asking for alimony, the judge will look to your income and your monthly expenses stated on your financial declaration to determine what your need is. Demonstrating a higher need (i.e. not being able to pay all your reasonable bills each month) may lead to a higher alimony award. On the flip side, if you are trying to minimize an alimony award against you, the judge will also being looking at your income and monthly expenses but in a different way. The judge will be trying to determine what your ability to pay is. If you can demonstrate a lower ability to pay (i.e. you are already in the red each month and can’t make your own reasonable bills), your alimony risk may be decreased.

Help From an Ogden Utah Divorce Attorney

Understanding your legal requirements regarding your financial disclosures and submitting a correct financial declaration can be key. For help in this process you can meet with an Ogden Utah Divorce Attorney at our Ogden Law Firm at your convenience.

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Marital vs. Separate Property in a Utah Divorce

Todd Peterson — Fri, 15 Feb 2013 17:26:17 +0000

Property issues can sometimes be hotly contested between divorcing parties. Some parties will fight to the death over what some would call minor property issues such as the dogs or cats. While others sometimes don’t seem to have any problem at all dividing large estates with high dollar assets or other situations where one might imagine a costly and protracted fight in court. The point is that every case is unique and while some parties are able to agree on property disputes, others have difficulty reaching an agreement in this area. Frequently a client will call our office wanting to know what property they should receive in the divorce and what property their spouse may be entitled to. The general rule in Utah is that any property acquired by either party during the marriage is considered marital property and subject to an equitable division. Likewise on the other hand, any property owned by either party prior to the marriage is considered the separate property of the party who brought it into the marriage.

Exceptions to the General Rule

There are some exceptions to the general rule regarding marital property stated above. Where we often see a thorny issue is when a party owns a piece of property, often a home, prior to the marriage but then refinances in both parties’ names, adds the other party to the title etc., the parties spend money on improvements in the home, and other related activities such that the property becomes commingled and the general rule becomes less clear. In circumstances such as this, you should always speak with a lawyer prior to taking any other action.

Equitable Division of Property

Many clients also ask us what “equitable” means when it comes to dividing property. Generally equitable means whatever the judge in your case believes would be the fair distribution of the property. However, generally thinking of it as a 50/50 equal divide as a starting point can also make sense. While equitable doesn’t always mean equal, it is a good place to start when considering a property settlement. For more information with regards to your particular facts, please call and speak with an Ogden Utah Divorce Attorney at our law office today.

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Separation and Purchasing Assets Prior to Divorce

Todd Peterson — Mon, 09 Jul 2012 18:07:29 +0000

One issue many people do not realize when they separate is that anything they purchase while they are separated is technically a marital asset and therefore subject to an equitable distribution by the court. Yeah, that is correct, and we know it comes as quite a shock to many of our clients, but that is the general rule. All assets acquired after separation by either party before a decree of divorce is entered or the marriage is actually terminated may be considered martial property. Parties should therefore be extremely careful prior to the actual divorce being entered. Where parties to a divorce typically get in hot water under the rule and create further conflict is when one spouse chooses to purchase a home prior to the decree being entered. In many cases it can take several months if not years for a divorce to be resolved and a decree to be entered. Parties often get impatient and start living their separate lives before anything is final. This especially seems to occur with home purchases. In one case, the Utah court of appeals held that the equity which accrued in a husband’s home he purchased while the parties were separated but before the decree was entered, was a marital asset subject to division. Often people wish to purchase homes quickly, be advised you should speak with an Ogden Utah Divorce Attorney in our office prior to making any large scale purchases while separated.

Marital Homes and Other Real Property Matters in Divorce

A point of contention in any divorce is often possession of the marital home and other real property matters. Whether you are thinking about purchasing a home while you are separated, or if you would just like to better understand what your options are for any real property division in your case, call and speak with a Utah family law attorney at our firm now. Call 801.475.0991 for a free consultation and review of your situation.

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Ogden Utah Divorce Attorney | Aggressive Representation

Todd Peterson — Wed, 16 May 2012 20:21:41 +0000

An Ogden Utah divorce attorney at our office can help you through the most difficult divorce. We have represented numerous individuals in Weber County, Davis County, and throughout the state of Utah in all types of family law matters including highly contested divorce, uncontested divorce, custody, paternity, and more. Every attorney has their own unique style of representation. At our firm, we first meet with client to learn what their goals in the case are and then we tailor our form of representation to meet those goals. In some instances it is best to taka very aggressive approach to litigation in order to most properly secure you rights and advance your legal position. Other times, clients prefer we pursue a much more amicable style of representation which often means negotiating with the other party or their attorney and perhaps resolving the issues through mediation. The key is to know what is best for your case and to make sure you have an attorney that can adapt to your needs. Here, our team of Utah divorce lawyers are skilled at meeting the needs of many different types of clients. For more information, call anytime, day or night, at 801.475.0991.

How to Choose the Right Attorney for You

The trick to finding the right attorney for your family law case in Utah is to really speak with your lawyer in a meaningful way before making a decision. You need to feel comfortable with your lawyer, you need to be sure they understand what your goals are, and should be confident in their ability to represent you and comfortable with the strategy they discuss with you. This is your case and serious rights are stake, especially if you have kids. You should never feel bullied by your lawyer or feel like you are not the one in control.

Ogden Divorce Law Firm | Call Today

Call us today for a free consultation and free quote for our legal services. We will listen to your concerns and devise a strategy and game plan to help you move forward. We can be reached by phone, email, or live chat any time of the day.

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