utah divorce laws Archives - Ogden Divorce Lawyer

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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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 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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