ogden Archives - Ogden Divorce Lawyer

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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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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Changing Your Child’s Name in Utah

Todd Peterson — Thu, 19 Sep 2013 19:27:01 +0000

The names we go by are an interesting phenom, some of us go by the name our parents gave us for our entire life, whether we like it or not. Some of us go by a variation of our name, some names have specific short versions like Bill instead of William and then some people are known by a nickname that has little to nothing to do with their given name. For some people their name can actually cause a lot of grief or for example a parent with a child who has a different last name.

Utah Name Change Process

Having your name changed in Utah is a fairly simply process. One of the most common scenarios that we deal with in petitioning the court to change an individual’s name is with children. For example, changing your child’s last name because the parents have divorced and the new father has adopted the child or the child’s paternal father agrees to the change. In the case of changing a minor’s name the court will consider whether the name changes is in the minor’s best interest. Some of the things that are considered are the minor’s preference, the length of time the minor has gone by their old name, among others.

Ogden Family Law Attorney | Helping with Name Changes

If you are contemplating changing the name of your child then call us today. Our attorney’s can answer all your questions and help you understand the costs and benefits of changing your child’s name. We offer free consultations so there is nothing to lose. Instead of just wondering whether or not you should have your child’s name changed, get some information so you can make an informed decision.

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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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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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Prenups in Utah

Todd Peterson — Wed, 03 Jul 2013 15:00:48 +0000

In Utah not a lot of people know about prenuptial agreements other than what they hear on t.v. and this may be due to the fact that a lot of people get married very young in Utah. For first marriages or people getting married young a prenuptial or premarital agreement doesn’t make much sense because there are little to no assets to protect. The idea behind a premarital agreement is that you protect your personal assets from fully becoming marital assets when you get married by laying out how the divorce process will be conducted if the marriage results in a divorce. Clearly a prenuptial or premarital agreement isn’t something you should bring up seconds after the proposal but in many situations it is the smart and logical thing to do.

How to Make Your Prenup Defendable in Court

One of the biggest mistakes that people make in their premarital agreements is to make it one sided, meaning it only outlines the property of one of the parties and only protects one person. If the judge believes that the agreement is unfair and doesn’t protect the interests of both parties then he may find it unconscionable and throw it out, therefore nullyfing your hard work and preparation to make sure you’d be protected in the event of a divorce. Even if one of the parties doesn’t really have any assets its important to draft the premarital agreement so it is as fair as possible given the circumstances.

Ogden Premarital Agreements Lawyer

If you are looking to get married and you have assets that you would like to protect in case of divorce then contact Ogden Divorce Law. We understand your concerns and can help you understand the law and the possible benefits of a premarital agreement. Call or email us today to get your questions answered and to get the help you need to make the right decision for you.

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