property division 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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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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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’s Mediation Requirement

Todd Peterson — Wed, 17 Jul 2013 17:36:52 +0000

Married couples who fight a lot often throw around statements like “I’ll take every cent you have” or “You’re not getting anything in the divorce” and while these statements carry good dramatic effect they are entirely unfounded and will almost never actually come to pass. The reality is that most divorce cases settle, meaning that eventually the parties decide to compromise and do what’s best for them, their children, and their futures; instead of fighting to the end and making the judge make the final decision. This huge turnaround from yelling threats to calmly sitting at the negotiation table is usually brought about by the help of attorney’s and mediators. Mediation is a great idea in any divorce because it allows the parties to save time and money by reaching an agreement as to property division, child custody, visitation, alimony and more.

Mediation Before Judgment

While mediation is often a good idea no matter what state you’re in, in Utah it’s not only a good idea but a requirement. Before your can take your divorce case to trial before the judge you have to have participated in mediation and at least attempted to settle your divorce amicably before you argue it to a judge. In most cases the parties realize that going to trial carries a lot of uncertainty and risk that they can avoid by compromising a little on property division, child custody, and other disputed topics. The mediation process is fairly simply and involves the parties and their lawyers sitting down with a third party mediator who does not represent either side but helps each side negotiation a settlement that both parties can live with.

Ogden Divorce Attorney | Representing you in Your Mediation

If you are getting divorce or thinking about getting divorced then its a good idea to talk to an attorney first to help you with your expectations and help you understand the process. The attorney’s at Ogden Divorce Law have helped hundreds of clients in their divorce and we know how to help you understand your options and help you defend your rights based on your decisions. Call or email us to get more info on how we can help you in your divorce and your mediation.

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Temporary Relief in Your Divorce

Todd Peterson — Fri, 08 Mar 2013 18:06:22 +0000

From popular media and movies a lot of people think a divorce is as simple as handing your ex some papers and getting them to sign them, and then you’re done. However, the reality is that most divorce cases aren’t that simply and definitely aren’t that simple. For starters the state requires by law that a couple wait at least 90 days from the filing of their divorce until they can be granted a final decree by the judge. If the couple is fighting over any of the issues in the divorce however it will take much longer than 90 days and may easily extend to a process that takes over a year. The most common disputes that couples have in a divorce are over child custody, alimony, and property division.

Temporary Orders in Ogden Divorce Cases

Due to how long a divorce can be draw out there is often a need for some rules for during the divorce. A lot of divorcing couples are already not getting along and they are trying to work things out now that they are separated and fighting. So issues of child custody, child support, and who will live where can become very serious issues if they are left unresolved for a year or however long it takes for the divorce to be resolved. The rules for the pendency of a divorce are called temporary orders and you can ask the court to make preliminary decisions about many aspects of the divorce to govern the time between the issuance of the order and the entry of the divorce decree.

Northern Utah Divorce Attorney | Temporary Orders

If you are filing for divorce in Northern Utah then call Ogden Divorce Law today, we can help you with your divorce paperwork and help you ask the court for temporary orders to help you deal with the big issues you are facing right now. Our attorneys know how to argue for protective orders, temporary child support, temporary child custody, and much more. Call or email us today to find out more.

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The 90 Day Waiting Period

Todd Peterson — Fri, 08 Feb 2013 17:04:33 +0000

For some time now, in Utah, the law has read that those wishing to obtain a Divorce from the courts must wait 90 days before the judge can grant them said divorce. However, in the past this requirement was often waived and required a very low showing to be able to get the judge to sign off on waiving the requirement. However, the most recently legislature changed the law making it much more stringent and very difficult for most people to qualify for a waiver.

Waiting for your Divorce

The reality of this change in the law is that a lot of individuals will never even run into a problem with the 90 day waiting period because their divorce is taking much longer than 90 days already. For example, if the divorce is contested meaning the parties are fighting over any aspect of the divorce such as child custody, child support, alimony, or property division then, then there is virtually no one the divorce could be completed within 90 days anyways. However, if the divorce is uncontested and the parties are willing to sign a stipulation and settlement agreement then they often have to wait the three months after they have signed the paperwork and are ready to move on with their lives.

Northern Utah Divorce Attorney | Layton, Ogden, Bountiful, Logan

If you have gotten to a point where you think divorce is your only option and you want to know more about the process then call Ogden Divorce Law today. We serve all of Northern Utah and we can help you understand your options so you can make an informed decision. The most difficult part of the legal process can often be not knowing what you’re getting into and having unachievable expectations. With the help of one of the attorney’s at Ogden Divorce Law you can be confident that you know all the facts as you make these important decisions.

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Two Types of Divorce | Northern Utah Divorce Attorney

Todd Peterson — Tue, 27 Dec 2011 20:50:42 +0000

When most people think of a divorce they think about a long drawn out process with plenty of fighting and name calling. However, it doesn’t always have to be like that. Obviously, in the majority of cases the parties cannot come to an agreement because that is precisely the reason they are getting a divorce. In the cases where the parties can meet in the middle though they can go through what is called an uncontested divorce. The uncontested divorce versus the contested divorce is normally, much cheaper and quicker.

Uncontested Divorce Process

The process required for an uncontested divorce is quite simple. The basic idea is that both parties agree to the terms of the divorce and they are simply entering into an agreement stating the terms that they agree to. There are some other divorce requirements that can be waived such as divorce education and the waiting period but in essence the parties just sign the agreement and wait for the court to approve it.

Contested Divorce Process

In a contested divorce the whole process is focused on coming up with the ultimate agreement, or the divorce decree. Both parties will put forth the things they think they should get concerning, custody, alimony, property, etc… and there may also be temporary order hearings, mediation, as well as other things but in the end the court is going to make a decision as to what the terms are of the agreement.

Ogden Divorce Lawyer | Northern Utah Family Law Practice

Regardless of your circumstances, whether you think you qualify for an uncontested divorce or not, the lawyers at Ogden Divorce Law can help you. Our attorneys have represented hundreds of divorce clients and we know how to deal with the problems and issues that arise. Call or email us today to set up a free consultation.

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