property distribution Archives - Ogden Divorce Lawyer

Property Division at Mediation

Todd Peterson — Tue, 04 Feb 2014 19:52:24 +0000

One of the biggest issues in divorce is money and property and understandably so, as people split up they have to start thinking about how they are going to make it on their own. While everyone characterizes property division as a vindictive process of “taking every penny” or something along those lines, the reality is much different, both in purpose and outcome. While people may start out looking for revenge or to “stick it” to their ex, after a couple months of living on their own they realize their need for a stable income and their stuff.

What to Expect at Mediation

When it comes to mediation one of the scenarios that lends itself best to reaching a settlement is when the parties are only fighting over property and finances. That being said reaching a settlement is never easy and the parties should normally not expect to just be in and out at the mediation. The baseline for what a person should expect when going into mediation, in regards to property division, is that the marital estate will more or less be split in half and given 50% to each party. This doesn’t necessarily mean that everything must be sold but that is often an important option, especially when it comes to real estate.

Ogden Family Law Attorney | Getting Help for Mediation

If you are thinking about getting divorced or are already in the process of divorce and need to move toward mediation then call the lawyers at Ogden Divorce Law. Our attorneys have represented hundreds of clients in their divorce and mediation process and we can help calm your feels and protect your rights as you work towards a resolutions to your case. Call or email us today to find out more about how we can help you in your divorce.

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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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Divorcing Husband Throws Out Life Savings

Todd Peterson — Mon, 28 Oct 2013 21:12:49 +0000

Colorado Man converts retirement into gold and throws it away in anticipation of divorce.

The Huffington Post recently reported on a Colorado Springs man who allegedly converted his entire life savings into gold and then threw it away so that his ex wife could not get it in the divorce proceedings. The story goes that the Colorado man cashed out his retirement and investment accounts which totalled approximately $500,000 and converted the money into gold. The gold, which was about 22 pounds worth of gold bars and coins, was then taken and thrown away in the trash can of a Colorardo Springs hotel. All of this was done to keep his wife of 25 years of getting her portion of the retirement.

While some vindictive partners out there who are going through a divorce may be cheering for this guy or thinking this was a good idea the reality is that the court does not allow for this kind of activity and you will pay for trying to illegally keep assets from your spouse, who is entitled to a portion of those assets. Property distribution can be a very frustrating part of the divorce proceeding but it is necessary and you need to be prepared for the possibility that you may have to part with a lot of your property and assets.

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