Category Archives: Divorce Law

What Are The Signs Of An Unhappy Marriage?

What Are The Signs Of An Unhappy Marriage

Marriage isn’t easy, even for the people you think have everything figured out. An unhappy marriage is when one or both spouses feel like being married is a chore rather than something they look forward to. Maybe their marriage started strong, but now they’ve drifted apart. Problems that were once small or trivial have spiraled out of control they don’t talk, they don’t show affection, and they’re just going through the motions. All they know is things aren’t good, and they aren’t even sure if they are still in love. Knowing how to recognize the signs of an unhappy marriage is the first step in making sure your relationship doesn’t go down a similar path.
Here are some signs of an unhappy marriage.

You’re not even fighting anymore

The hope is that even after your grittiest arguments where each side feels they are the one in the right, there’s an opportunity to communicate, hear the other person’s perspective, and ultimately resolve the conflict. Couples that aren’t even bothering to fight anymore aren’t interested in the possibility of growing as a couple and repairing the relationship. They are emotionally disconnected, which is one of the telltale signs of an unhappy marriage.

Your partner isn’t willing to get help

The ability to have a healthy relationship requires two people, not one. You may want the relationship to work, but one clear sign that your relationship is in trouble is when your partner isn’t willing to get help or work on resolving the issues as a team.

Lack of communication

Perhaps the biggest of signs of an unhappy marriage is when you simply stop talking, even when on the surface, nothing appears to be wrong. You have no desire to share with your spouse how your day went or what you’re feeling or going through. In fact, you may be sharing exciting news or failures with friends or someone else instead. You use to call your spouse to say you’re on your way home, but now you don’t, and if you do communicate, it’s only through one or two-word text messages.

You’re not each other’s priority anymore

You or your spouse have taken the priority off each other and placed it on more hours at work or prioritizing other people in your life. The days of spending quality time together and the occasional date night have been replaced by falling asleep early on the couch and forgetting the other person exists. If your spouse isn’t the priority in your life, your marriage will remain in an unhealthy place, or end completely.

Physical or emotional abuse

This is a no-brainer for any relationship. If there is physical or emotional abuse of any kind, your relationship may be past the point of no return. And for your sake as the victim, that may be a good thing.

Lack of intimacy

A red flag for any relationship that’s on the rocks is if there is little to no intimacy. More than just sex, lack of intimacy includes kissing, hugging, or hand-holding. If you can’t bring yourself to show affection to your spouse, then your marriage is definitely an unhappy one.

You both are not physically comfortable with one another

You are dealing with the emotional effects of a sexless marriage. Gone are the days when you used to express your love for each other without any inhibitions. You used to hold hands, kiss each other and cuddle. But now, you will notice that you both are not physically comfortable around each other. The idea of having sex with your partner makes you feel awkward and vice versa because your marriage has turned into a loveless marriage and as a result, into a sexless marriage. Intimacy has become so rare in your married life that you fail to connect with your spouse any more. However, you should know that lack of intimacy in your relationship is not just affecting your marriage, but your mental health too.

You continuously criticize each other

You’re both constantly chiding each other. For any mistake (no matter how small), you have to bear each other’s harsh criticisms. You and your partner will make each other feel horrible by highlighting each other’s defects. Instead of helping you become a better person, the continuous criticisms from your spouse will demoralize you and will weaken the bond that you share with him/her. If you were in a happy relationship, then your partner would give constructive advice and not discourage you with harsh comments.

You look for happiness outside the marriage

This means you are either prefer spending time alone and enjoying what life has to offer you, or you find yourself getting attracted to another person. While coping with a sexless marriage you start looking for intimacy outside it. This other person is someone you are able to connect with. Who seems to care for you and respect you more than your spouse. You might be having an emotional affair with this person without even realizing it. An emotional affair takes place when you get overly comfortable with someone outside your marriage and end up sharing intimate details about your life with this person.

You both fail to appreciate each other

Playing the blame game has become a common phenomenon in your unhappy marriage. For any problem that you face, you both start blaming each other instead of finding a solution together. Nothing you do makes your spouse happy and vice versa. The mutual feelings of appreciation are long lost in the relationship and you both start taking each other for granted. Sometimes, you might feel that you’re the only one making efforts to make the relationship work. This is a sign of a loveless marriage.

You hardly care about your responsibilities towards your partner

There comes a point in your loveless marriage when you hardly care about your responsibilities towards your partner. You do not keep track or simply don’t care about what your spouse’s preferences. What they want to eat, their likes/dislikes, their television preferences et cetera, are of no concern to you. You start caring more about your own needs likes and dislikes and you might not even feel ashamed to shun your responsibilities. Your spouse can exhibit this same behavior as well. You both become selfish in the relationship. You do not care about the sexless marriage effect on your husband. You withdraw from sex which leaves high and dry.

Spending time with your partner feels like a task to you

You dread spending alone time with your partner. Given a chance, you would rather spend your free time alone or with your family members or friends. Both of you even stop making efforts to plan dates or mini-vacations, because you want to avoid being alone together. There is no effort at intimacy from the husband.

How To Survive An Unhappy Marriage

• Both of you can make efforts to work things out by either confronting one another or taking the help of a therapist.
• You can continue living in a loveless marriage and live totally separate lives.
• Meet a marriage counselor and set marriage counseling goals that you would want to achieve.
• You and your partner can discuss trying out an open relationship.
• Or last but not least, you can try to move on and get a divorce to find happiness elsewhere.
• Seek help early: Don’t wait for those negative emotions and behaviors to take root. It is far easier to guide couples in developing compassionate communication skills than it is to untangle resentment that has had plenty of time to deepen.
• Learn to listen: This is so important no matter how silly it sounds. It is so easy when falling in love to hear what you want to hear and to move forward in the spirit of everything being rosy. But too often people don’t know how to truly listen to themselves or to their spouses. They get lost in blame and a need to be right and fail to hear with their hearts. Everyone has triggers, fears, and painful memories. By learning to communicate those deeper realities with responsible expression and compassionate reception, intimacy and love grow. Too many relationships are lost simply because people don’t feel heard.
• Prioritize your marriage: Saving an unhappy marriage takes work. And making that investment can seem like a contradiction in terms if one or both of you is really unhappy. But if you are committed to making your marriage work, you will need to infuse it with dedicated time and energy. Even ten minutes a day that is completely devoted to emotionally connecting with your spouse can work wonders.
• Replace the “divorce” mindset with a “marriage” mindset: This is a decision that you are going to choose your thoughts. Remember that you didn’t get to this place overnight, and you’re not going to get out of it overnight, either. Take the time to rediscover the reasons you got married in the first place.
• Work on yourself with no expectations of your spouse: Yes, the objective here is for both spouses to be committed to the recovery of the marriage. But your work can’t be contingent on your spouse’s. That may seem like a big risk and it is. “But if the character and behavior traits you are working on are all positive traits, how can you lose? And if you start growing and demonstrating the results, your spouse may take notice and begin to change, as well.
• Take responsibility: This can be so difficult, especially if your spouse has done something that you believe is more egregious than anything you have done. But relationships are always a common ground where two people come to work out their lives by learning, struggling and growing. There is always responsibility on both sides. Owning up to yours will help to diffuse defensiveness on the other side while sharpening your self-awareness and -accountability. That goes for the little things as well as the big things.

• Be transparent and accountable: Leave your pride at the door. Transparency and accountability require self-reflection and an examination of your thoughts, behaviors, and intentions. There is no room for convenient omissions of details and information. Your goal needs to be bringing you and your spouse onto the same page. Your intentions, therefore, need to be pure and for the good of the relationship. Your personal commitment to this especially if you have violated your spouse’s trust — will speak volumes about your commitment to the good of your relationship going forward. Saving an unhappy marriage is a commitment to a lot of hard work. But assuming that the marriage is not abusive and you can still see through the clouds misery to the memory of loving light coming through, there is hope. Seeking help for saving an unhappy marriage can help define areas that need work, while giving you tools for working on them. It’s amazing how the “impossible” becomes “possible” when problems are identified and a plan of action is made to overcome them.
Why A Marriage Become Loveless
• The relationship might have taken a backseat in the couple’s lives, so they fail to give time to each other and forget to appreciate one another
• The couple is not able to come to terms with the differences they have in terms of their preferences, dreams, personalities and end up drifting apart
• Some specific incidents like a major fight might have triggered feelings of resentment towards each other, which the couple is not able to resolve
• An affair could have broken the trust and partners could be grappling with the torment and guilt which is the aftermath of an affair
• There could be circumstances like caring for an ill parent, dealing with sudden financial stress, joblessness or sexual inadequacy that can create havoc in a marriage — Consult a divorce attorney for more advices on what to do based on your marriage, child custody and something that you need a legal action and advice on.

Free Initial Consultation with a Divorce Lawyer

When the marriage is over and loveless, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Why You Shouldn’t Get A Divorce

Why You Shouldn't Get A Divorce

Although divorce is common throughout Utah, the divorce process varies depending on the couple’s situation. Short-term marriages without children or property typically result in a less complex and time-consuming divorce than long-term marriages with significant property entanglements, marital debt, and minor children. Additionally, divorcing couples who work together to negotiate the terms of the divorce (child custody, child support, property division, debt allocation, and spousal support) will experience a less expensive and less stressful divorce than couples who can’t agree or refuse to work together.

Filing the Divorce Petition

Whether both spouses agree to the divorce or not, before any couple can begin the divorce process, one spouse must file a legal petition asking the court to terminate the marriage. The filing spouse must include the following information:
• a statement which informs the court that at least one spouse meets the state’s residency requirements for divorce
• a legal reason or grounds for the divorce, and
• any other statutory information that your state requires.
Residency requirements vary depending on where you live. States usually require at least one spouse to live in the state anywhere from 3 months to 12 months, and in the county where the spouse files at least 10 days to 6 months before filing the petition. Divorcing spouses must meet the state’s residency requirement before the court can accept the case. Grounds for divorce vary from state-to-state. However, all states offer divorcing couples the option to file a no-fault divorce. No-fault divorce is a streamlined process that allows spouses to file a divorce petition without listing a specific reason or placing blame on either spouse. If your spouse committed marital misconduct or caused the breakup, some states allow parties to claim “fault” for the divorce, like adultery or neglect. If you’re unsure whether you should file a no-fault or fault divorce, contact an experienced family law attorney in your state for guidance.

Asking for Temporary Orders

Courts understand that the waiting period for divorce may not be possible for all couples. For example, if you are a stay-at-home parent that is raising your children and dependent on your spouse for financial support, waiting for 6-months for the judge to finalize your divorce probably seems impossible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support. If you request a temporary order, the court will hold a hearing and request information from each spouse before deciding how to rule on the application. The judge will usually grant the temporary order quickly, and it will remain valid until the court orders otherwise or until the judge finalizes the divorce. Other temporary orders may include a request for status quo payments or temporary property restraining orders. Status quo orders typically require the breadwinner to continue paying marital debts throughout the divorce process. Temporary property restraining orders protect the marital estate from either spouse selling, giving away, or otherwise disposing of marital property during the divorce process. Restraining orders are usually mutual, meaning both spouses must follow it or risk being penalized by the court. If you need a temporary order but didn’t file your request at the time you filed for divorce, you’ll need to apply for temporary orders as quickly as possible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support.

Serve Your Spouse and Wait for a Response

After you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse. If you don’t properly serve your spouse, or if you neglect to file a proof of service with the court, the judge will be unable to proceed with your divorce case. Service of process can be easy, especially if your spouse agrees with the divorce and is willing to sign an acknowledgment of service. However, some spouses, especially ones that want to stay married or make the process complicated, can be evasive or try anything to frustrate the process. The easiest way to ensure proper service is for the filing spouse to hire a professional who is licensed and experienced in delivering legal documents to difficult parties. The cost is usually minimal and can help prevent a delay in your case. If your spouse retained an attorney, you could arrange to have the paperwork delivered to the attorney’s office. The party who receives the paperwork (usually titled “defendant” or “respondent”) must file an answer or reply to the divorce petition within a prescribed amount of time. Failure to respond could result in a “default” judgment against the non-responding spouse, which can be complicated and expensive to reverse. The responding party has the option to dispute the grounds for divorce (if a fault divorce), the allegations in the petition, or assert any disagreements as to property, support, custody, or any other divorce-related issues.

Negotiate a Settlement

In cases where the parties have differing opinions on important topics, like child custody, support, or property division, both spouses will need to work together to reach an agreement. Sometimes the court will schedule a settlement conference, which is where the parties and their attorneys will meet to discuss the status of the case. The court may schedule mediation, which is where a neutral third-party will help facilitate discussion between the spouses in hopes to resolve lingering issues. Some states require participation in mediation, while others do not. However, mediation often saves significant time and money during the divorce process, so it’s often a good route for many divorcing couples.

Divorce Trial

Sometimes negotiations fail despite each spouse’s best efforts. If there are still issues that remain unresolved after mediation and other talks, the parties will need to ask the court for help, which means going to trial. A divorce trial is costly and time-consuming, plus it takes all the power away from the spouses and puts it in the hands of the judge. Negotiations and mediation sessions allow the couple to maintain control and have more predictable results than a divorce trial, so it’s best to avoid a trial if possible.

Finalizing the Judgment

Whether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce. The judgment of divorce (or “order of dissolution”) ends the marriage and spells out the specifics about how the couple will allocate custodial responsibility and parenting time, child and spousal support, and how the couple will divide assets and debts. If the parties negotiated a settlement, the filing spouse’s attorney typically drafts the judgment. However, if the couple went through a divorce trial, the judge will issue the final order. If you are going through a divorce, talk to a divorce attorney to figure out your options.
Here’s a few reasons why you need to reconsider your divorce:
• Think of the children: Children are emotionally unstable creatures who tend to get petrified when their families undergo even the tiniest of changes to the family hierarchy. There is a huge risk to their emotional, physiological and psychological development. Some divorces are so poorly handled that the entire fallout of the disastrous marriage crosses over to the children, scarring them completely. Usually families empty their financial coffers after losing it all in courts and legal fees and this can hamper the child’s opportunities of going to a good college in the future.
• Divorce leaves you physically unwell: The one person in your life who was supposed to be there for you in both the good and the bad has left. The love which was shared between the two spouses has dwindled and in its place grows hatred, anger and spite. As humans, we tend to have an emotional void which gets filled up with either love or hate. The aftermath of a divorce fills one with dread, regret and depression which severely tends to affect their health. Indeed studies have shown that divorce tends to completely disrupt your life from minute details such as your sleeping habits to your brain’s physiological wellbeing.
• It costs more to get unmarried than to get married: There are a myriad of costs associated with a divorce proceeding, these include court fees, costs for any parental classes the court might have assigned to you, mediation costs and the most hefty one, your attorney’s fees. Other assets also come into play especially if there is real estate involved everything from the financing of your house down to the title deeds will have to be reevaluated, not to mention the entirely different set of attorneys you will have to consult with in order to facilitate smooth transactions. There is the very high possibility of going completely bankrupt if you manage your finances poorly. Most couples are unaware of the hidden costs that seem to pop out of nowhere after separation such as taxes, investments funds that you may have entered into with your spouse and the ensuing costs needed to sustain the financial burdens of accommodating child custody, since each parent might be spending separately on the child. It is advisable for both couples to amicably come to the terms of agreement of their divorce. Divorce proceedings that are characterized by long, drawn out court battles tend to be the most expensive ones which can carve a giant hole in both spouse’s bank accounts.
• A divorce leads to a loss of confidence: We grow up thinking that we will marry and be happy. When we “fail” at that, our self confidence and belief in ourselves is deeply affected. We have failed at one of the key jobs of adulthood: to find a suitable mate and make it work. Another aspect of confidence that is affected is our confidence in our desirability. This is why newly divorced people often go through a stage of serial dating, desperately seeking to re-establish themselves as being attractive and wanted. Or they may fall into another relationship right away, rebounding instead of carefully choosing someone who is healthy for them, compounding and complicating the already raw wound of divorce.
• Loss of Identity: When divorce happens, both individuals lose that familiar role of husband or wife. Even if the marriage is troubled, there is still security in knowing that you are this person’s spouse. All of that is gone when the divorce papers are signed. You are no longer the wife of so-and-so; you are now just their ex—not a very affirming title.
Things You Should Do Before Filing for Divorce
There’s more to filing for divorce than simply filing your petition with the court. The following are the things you should do before you file to achieve a better outcome in your divorce.

 Consult an Attorney: It’s always a good idea to consult an attorney before you decide to file for divorce. An attorney can explain the divorce process, including mediation, financial disclosures, and the legal requirements. An attorney can also help you identify your goals regarding child custody and parent-time and the division of assets and debts.
 Gather Financial Documents: Documentation is very important in a divorce. You should gather all the records you can regarding your financial and retirement accounts, mortgages and auto loans, credit card statements, tax returns, and pay stubs. Your attorney will need these records to better represent you and often courts require disclosure of these records to your spouse during the case. It’s important to gather these documents before you file for divorce because they can sometimes be difficult to gather after the divorce is filed.
 Determine Your Goals for Child Custody and Parent-Time.: If you have children, custody and parent-time, during and after the divorce, are probably your biggest concern. You should know that, absent extreme circumstances, the court will likely award you and your spouse joint custody of the children. It’s a good idea to sit down and carefully consider your work schedule, your children’s schedule, and other obligations you may have to outline the custody and parent-time arrangement you want. This will also help your attorney identify your goals during the initial consultation.
 Figure Out Your Post-Filing Living Situation: You should decide whether you want to live in the same home as your spouse during the divorce process. Do you plan to move somewhere else? Do you want your spouse to move out? Decide what your goals are for your living situation, both before and after the divorce is final. These are important considerations that you should also discuss with your attorney because moving out of the house can affect your chances of achieving your goals regarding your home and child custody.
 Talk to an Attorney Regarding Joint Bank Accounts and Credit Cards: Depending on the circumstances and how you and your spouse pay expenses, your attorney may advise you to close these joints accounts to prevent your spouse from running up bills in your name or draining the bank accounts.
 Prepare a Balance Sheet of Your Debts and Assets: You shouldn’t decide your financial goals in a divorce without having an accurate picture of your debts and assets. It’s a good idea to write out a simple balance sheet showing all of your debts and assets, including retirement savings and pensions, bank account balances, valuable personal property and real estate, credit card debts, mortgages, auto loans and other debts. This balance sheet can give you an idea of what you and your spouse will divide during the divorce and will help you budget for the future.
 Gather a Support Network Around Yourself: Divorce can take an emotional toll on you and your family. Equally as important as hiring an attorney is surrounding yourself with family and friends who can support you emotionally through this difficult time. It may even be a good idea to speak with a therapist to talk through how you’re feeling. Taking these proactive steps can help you keep a clear head during the divorce process and achieve a better outcome.

Divorce Lawyer

When you need to talk to a lawyer about divorce, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Divorce Holladay

Divorce Holladay

Regardless of the instigating factors, divorce is a stressful and draining situation for all parties involved. With a divorce rate higher than the national average–3.6% for Utahans versus 3.4% for all Americans, according to a U.S. Census Bureau study–Utahans face this potentially complicated and often overwhelming process more than most. To help remove some of the confusion and anxiety surrounding getting divorced in Utah, here is a step-by-step overview of the divorce process in the state. Because divorce can easily get messy and contentious, hiring a knowledgeable divorce attorney is often in your best interests to help protect your assets and child custody concerns.

File for Divorce in Holladay, Utah
As you begin the process of filing for divorce, be aware that Holladay, Utah allows for divorce based both on fault and no-fault grounds. You should also know that Utah’s courts impose a residency requirement on divorce proceedings; this means that either you or your spouse must have lived in the state for a minimum of three months prior to the filing date. When custody of minor children will be an issue in the divorce proceedings, your children generally must have resided in Holladay Utah for a minimum of six months before you can file.
Consult an Attorney
You aren’t required to use an attorney in order to file for divorce in Holladay, Utah. However, the legal issues surrounding divorce are often complicated, and you may face obstacles representing yourself if there are any complex matters such as child custody or division of significant assets. A qualified divorce attorney can help you navigate the process and help safeguard against critical mistakes.
Prepare Your Divorce Documents
If you are using a lawyer, your attorney will prepare your documents for you. If not, you may use the state’s Online Court Assistance Program (OCAP) to prepare the divorce petition and related documents; there is a $20 fee for using this service. Completed forms must be notarized by a notary public before they can be filed.

File Your Divorce Documents
Your divorce case is only open once you’ve filed all forms in the office of the court clerk in your home county and paid the filing fee of $310.
Serve Your Spouse
After filing your divorce petition, you have 120 days to serve this petition, a summons and any other filed documents to your spouse. Service can be completed via certified mail or by the sheriff’s department or a private company. Proof of service is required to have the court act on your divorce petition.
Wait for Your Spouse’s Answer
After being served, your spouse will have 21 days–or 30 days if they are out of state to respond. If they do respond, both parties will have to submit a Financial Declaration form to each other outlining all relevant financial items. If your spouse does not respond, you can request that the court issue a default judgment which will grant you everything you requested in your petition. If your spouse agrees with all issues as presented in your divorce petition, they can file a stipulation instead of a response. At this point, the OCAP Divorce Stipulation questions can be used to prepare the necessary documents and proceed to a final divorce decree.

Complete Required Divorce Education Classes and Mediation
After your spouse has been given a chance to respond to your divorce petition, several steps must be taken before a trial will be scheduled. Many Utah divorce issues are resolved during this stage in the process, eliminating the need for a trial in front of a judge.
Complete a 90-Day Waiting Period
Utah law stipulates that judges must wait 90 days after the date that the divorce petition was initially filed to sign the final divorce order. This is true even if both spouses agree on all issues.
Attend Required Divorce Education Classes if Necessary
All divorcing couples in Holladay, Utah who have minor children are required to take both a divorce education class and a divorce orientation class before the final divorce decree will be signed. Both classes can be taken online or in person; the orientation class covers alternatives to divorce, while the education class seeks to provide information on how divorce affects children and how parents can make the process easier.
Take Part in Mandatory Mediation for Any Contested Issues
If your spouse responds to your divorce filing, Utah statute requires that both parties take part in a mediation session before a divorce will be granted. The parties are jointly responsible for locating and paying for a mediator.
Ask for Temporary Order if Necessary
Sometimes there are issues that must be addressed before the divorce order is final, such as who can use the marital home or who has custody of any minor children during the pending divorce. In these cases, either party can request that the judge issue a temporary order on the matter that will be effective through the final divorce decree.

Complete Name Restoration
If you had your name changed upon getting married, you can return to your pre-marriage legal name at this stage in the divorce process. To do so, simply include a statement along with your divorce petition to indicate the name change.
Go to Trial (If Necessary)
If you and your spouse are unable to reach an agreement about any issues in your divorce decree, the next step in the Utah divorce process is going to trial.
Seek a Child Custody Evaluation
If you disagree with your spouse regarding child custody or child support issues, you can request that a professional evaluator conduct a custody evaluation. During this evaluation, the evaluator will observe both parties and the children; the evaluator will then submit a report to the court on all factors that pertain to the child’s best interests.

Appear at Pre-Trial Conferences
You will be required to attend a conference prior to your trial being scheduled to make a final attempt to settle the case. If this fails, the trial date will be set and the list of issues to be addressed at trial will be determined.
Attend Your Trial
If you have hired a divorce lawyer, they can help you prepare for the trial, including assembling any documents and necessary evidence to be presented to the court. Arrive at the courtroom early on the day of your trial, dressed professionally and with any witnesses that you intend to call upon. Remember to treat the judge respectfully and never interrupt your spouse when they are testifying.
Get Copies of Your Divorce Decree
Once the judge has signed the final decree following mediation or trial, you are legally divorced. At this point, you should obtain a copy of the finalized decree for your records. Note that you must file any appeals to the judge’s decision within 30 days.
Grounds For Divorce In Holladay, Utah
• Impotency of the respondent at the time the marriage took place
• Adultery
• Willful desertion for more than one year
• Willful neglect to provide the common necessities of life
• Habitual drunkenness
• Felony conviction
• Cruel treatment resulting in mental distress or bodily injury
• Incurable insanity
Financial Declarations In Holladay, Utah
After the respondent files his or her response, both parties must prepare Financial Declarations disclosing all income, assets, expenses, and debts. Utah divorce laws require that the following documents be attached when applicable:
• Copies of financial statements backing up claims of income, assets, expenses, and debts outlined in the Financial Declaration document.
• Documents that verify real estate value including any refinance documents, tax valuation, and/or appraisal documents; additional documents concerning real estate may be required on a case-by-case basis.
• Two years worth of tax documents

• 12 months worth of pay stubs and/or other evidence of income of any kind
• Copies of any financial statements and/or loan applications that were either prepared by or used during the 12 months prior to the date of filing for divorce.
• 3 months worth of statements for all financial accounts and retirement accounts, including any that were closed within or after those 3 months including but not limited to:
• Checking
• Savings
• certificates of deposit
• money market funds
• brokerage
• investments
Additional Issues Surrounding Holladay, Utah Divorce
The court will require documentation surrounding other issues on a case by case basis:
• Alimony
• Child support
• Child Custody and Parent Time – Parents may request a professional evaluation for child custody, or the judge may order a custody evaluation. The cost of the evaluation is typically split between the parents.
• Property Division
• Debt Division
Divorce Lawyers In Holladay, Utah
Although you can choose to represent yourself in your divorce, divorce professionals recommend that you secure legal counsel before getting divorced in Holladay, Utah. Marriage dissolution is often a complicated process, and you want to have the best legal counsel possible to advocate for your best interests. Without a skilled lawyer, you are apt to make mistakes or miss pertinent details, potentially resulting in your divorce taking longer to complete and costing you far more in legal fees and unaddressed issues.
Things No One Tells You About Getting a Divorce in Holladay, Utah.
• There Are Predictors for Divorce in Utah: If you enter into marriage under the age of 20 and/or have an income of less than 25,000, your risk of divorce skyrockets. Throw in a spouse losing their job or a surprise pregnancy, and your marriage may be doomed before it begins
• Divorce Has Declined Nearly Everywhere Except Utah: Utah’s divorce rates run slightly higher than the national average. Statistics often attribute this to Utah having larger families than the national average, citing more than 5% of families have 7+ family members compared to the 3.25 national average (2013).
• Utah Requires Divorcing Couples to Attend a Divorce Education Class: Utah legislators have created a mandatory divorce orientation course that couples must complete. Your divorce cannot be finalized until both you and your significant other have completed the course. You are only required to take the divorce education class if there are minor children involved. The one-time class reviews resources for custody and child support issues, clarifies the divorce process, and consequences of divorce.
• People May Judge You and Ask Why: The news that you are getting divorced has spread through your church, neighborhood, and/or workplace, and we are a curious species. Don’t be surprised when people you barely know ask you why you the nitty-gritty on why you are getting divorced. While you are preparing your financials for your divorce, be sure to take some time to handle the emotional side as well. People may even tell you that they haven’t liked your ex since before you got married. They are not usually trying to make you feel bad; quite the opposite, they are usually trying to tell you that they agree with your decision and are trying to make you feel better.
• Parenting After Divorce May become more difficult: There will be many disagreements maybe not fair or logical ones. There may be pain when you refer to your ex as “mommy” to your kids, however that is her name to them, and you need to be the adult about it. No matter what age your kids are, please practice high levels of self-control and not bad mouth the other parent in front of your children. You may think with the other spouse out of the picture, that you can make all parenting decisions by yourself. If you’re granted sole legal custody, then you can make major decision about the kid(s) by yourself. Having sole physical custody simply means that you are the parent the kid(s) live with. Make a choice to try to co-parent as best you can. If you can’t get along, you may need to have separate birthdays, and the more times in your kids’ lives you are going to miss out on. Just because you are divorced, doesn’t mean that you have to be enemies.
• If the Divorce Decree is Violated, There Can be Serious Consequences: Once the court has ruled and the papers have been signed, both parties are bound to the terms set forth in the divorce decree. Violating any part of the agreement may put the violator in contempt of court, and your family law attorney can help you file a contempt motion. The most common divorce violations are non-payment of child support, not complying with the visitation schedule, withholding visitation, and non-payment of alimony. If your ex does not bring the kids back at the time set forth in the divorce decree, the police will not help you bring them back unless there is an immediate threat to them. What the police will do is come to your house and makes a record of “visitation interference,” which your family law attorney can use as evidence in a contempt hearing. In your court hearing you must be able to state what areas of the decree have been violated, and the burden of proof always lies with the accuser. If you are found in contempt, the violator may be given a period of time to correct the issue or they may face jail time until the matter is resolved. If you ex is not paying alimony or child support due to unemployment, you can’t make your spouse pay if they do not bring in an income, however, past due child support will accrue. Your family law attorney will likely recommend that you contact the Utah Office of Recovery Services (ORS). The ORS makes sure that Utah parents are responsible for their children’s support, and can help you collect a judgment.

Divorce Lawyer Holladay Utah

When you need to get divorced in Holladay Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Why Should You Get Divorced?

Why Should You Get Divorced

When a couple gets married, it’s generally a happy time in their lives and they don’t think about divorce. Despite this hope, sometimes divorce is necessary for the health and sanity of both parties. The old axiom of about 50% of marriages ending in divorce has been found to be inaccurate, but a good number of marriages still don’t last forever. If you have children, child custody and child support are important parts of the case that will keep you and your former spouse in family court until the children are adult that aren’t eligible for child support, which in Utah can be ordered until they’re 21 years old. Divorce is very common in the United States with almost half of all marriages ending in divorce or permanent separation. Commitment has been shown to be a clear factor in why some couples stay together. There are times when divorce is necessary, but those in other circumstances often later indicate they wish they would have tried harder before divorcing. There are many factors that place a couple at higher risk for divorce. It may be helpful to know some of the statistics and findings outlined below. Researchers estimate that 40%-50% of all first marriages will end in divorce or permanent separation and about 60% – 65% of second marriages will end in divorce. Although divorce has always been a part of American society, divorce has become more common in the last 50 years. Changes in the laws have made divorce much easier. The highest divorce rates ever recorded were in the 1970s and early 1980s. Divorce rates have decreased since that time, but still remain high. Over the years, researchers have determined certain factors that put people at higher risk for divorce: marrying young, limited education and income, living together before a commitment to marriage, premarital pregnancy, no religious affiliation, coming from a divorced family, and feelings of insecurity.

• Young age: Marriage at a very young age increases the likelihood of divorce, especially in the early years of marriage.
• Less education: Research shows that those with at least some college education (vs. high school or not finishing high school) have a lower chance of divorce.
• Less income: Having a modest income can help couples avoid stress that may lead to divorce.
• Premarital cohabitation: Couples who live together before marriage appear to have a higher chance of divorce if they marry, but the risk is mostly true for those who have cohabited with multiple partners. A common belief is that living together before marriage provides an opportunity to get to know each other better, but research has found those that live together before marriage have already developed some leniency towards divorce. This leniency towards divorce is what leads the couple to become high risk. However, there are some caveats to these findings. Research suggests couples who get engaged and then move in together are no longer at a high risk for future divorce. Their commitment towards marriage reduces the risk of a future divorce.
• Premarital childbearing and pregnancy: Childbearing and pregnancy prior to marriage significantly increase the likelihood of future divorce.
• No religious affiliation: Researchers have estimated those with a religious affiliation compared to those who belong to no religious group are less likely to divorce.
• Parents’ divorce: Unfortunately, experiencing the divorce of your parents doubles your risk for divorce. And if your spouse also experienced their parents’ divorce than your risk for divorce triples. This does not mean you are predisposed to having your marriage end in divorce, only that you may need to be more aware of your marriage trends and work harder for a successful marriage.

Research has found the most common reasons people give for their divorce are lack of commitment, too much arguing, infidelity, marrying too young, unrealistic expectations, lack of equality in the relationship, lack of preparation for marriage, and abuse. Many of the common reasons people give for their divorce can fall under the umbrella of no longer being in love. Research suggests the nature of love changes over time. If you feel as if you have fallen out of love, marriage counseling may help offer a new perspective that will help you rediscover that love. Commitment is “having a long-term view of the marriage that helps us not get overwhelmed by the problems and challenges we experience day to day.” Having a personal dedication to your marriage involves a real desire to be together with one’s spouse in the future and having an identity as a couple. When there is a high level of commitment in a relationship, we feel safer and are willing to give more. Developing this level of commitment can take time as you learn to change your mindset. When your level of commitment seems to be fading it can be helpful to remember the good times in your relationship. Some couples are faced with very difficult situations, such as abuse, infidelity, or addictions. Each of these situations deserves special consideration:
Abuse
When there is a pattern of abuse in a marriage or in a family, not surprisingly there is evidence that ending the marriage is usually best for all involved. While some spouses are able to end and overcome abuse, abused spouses and children are usually better off when the marriage is ended. Sometimes, ending a marriage with an abusive spouse can be dangerous, however. It is probably a good idea to work with a domestic violence shelter in your community to help you end the relationship safely. If you suspect that you (or someone you know) is in an abusive relationship, you may want to look at this webpage on Signs of Abuse.
Infidelity

Most Americans say they would end their marriage if their spouse cheated on them. However, many couples (50-60%) who have dealt with infidelity in their marriages find the will and strength to stay together. Also, consider getting help from a well-trained marriage counselor and/or a dedicated religious leader who will help you heal, decide what to do, and repair the marriage, if you decide to stay together. Recovering from infidelity can be very difficult to do without some help.
Addictions
Addiction can come in many forms, such as alcohol, drugs, gambling, or pornography. If you are faced with addictions or a spouse is suffering from addictions, you can find help from organizations such as Alcoholics Anonymous and Narcotics Anonymous. In some cases, the addict can recover and the marriage can be repaired. In other cases, it is best for the spouse and children to separate from the addict to see if progress can be made. Each person has unique circumstances and must decide what is right for her or him. Again, consider turning to a trained professional and/or a religious leader to help you know how best to handle your situation.
Communication Problems
The crux of any relationship is communication. Sure, you typically hear reasons for divorce like money disagreements, commitment issues and the other things in this list. If you can’t talk your out in a way both partners understand, all that’s left is an unproductive argument and growing resentment. “Your behavior might not match what your partner needs.” That’s why divorce often waits at the bottom of that slippery slope.
There’s No Intimacy
Along with the “I love you, but I’m not in love with you” realization, a dormant bedroom life is also a factor for divorce. There’s nothing shameful about a dry spell, but a lack of physical affection sexy times and long bear hugs included can cause serious disconnect. “People start telling themselves like, ‘Okay, well the lack of intimacy, I can handle that.’ But ultimately it just becomes too much for them” Levine says.
It’s Not A Partnership Anymore
Though they might have full and exciting personal lives, they’ll feel like they’re no longer working as a unit with their spouse, whether that’s because their priorities for the future of shifted or because they realize they simply don’t have much in common with their partners anymore. That disconnect and loneliness can be reason enough for divorce.
You Weren’t Ready For Marriage
“If you marry too early, or haven’t been able to identify who you are and what’s important to you, then you can’t choose the best partner.” While you want to be in it for the long haul, maybe you rushed down the aisle or weren’t fully in tune with yourself when you said “I do”. That’s when a crop of clashes think: differing values, emotional baggage from past flings, and a lack of real trust pop up and put you on the road to divorce.
Domestic Abuse

Abuse, from physical harm to emotional manipulation like a partner withdrawing affection as punishment, leaves people feeling powerless. Separating from the abusive partner in a safe and supported way is the best way to regain your safety. Abuse differs from other causes for divorce in that “it’s not a relationship issue, but something that is within your partner.”
Cheating
Without trust, what’s left? An affair can feel like the ultimate betrayal and sign that healthy communication skidded to a halt a long time ago.
Lack Of Emotional Support
“The breakdown in communication often leads to people feeling desperate, so they criticize or get angry or make demands.” “Nobody wants to be around that or that energy.” Once empathy and compassion for one another take a nosedive, “it’s very hard to come back together.”

They’re Just Done
“People in long-term marriages are generally not just walking out on their marriages for the heck of it.” “These are people who tried to save their marriages for years and years, and it just didn’t work out.” You’ve put in so much work to give the relationship new life, but your partner hasn’t shown the same effort. Once it becomes clear that things aren’t going to change, people pull the plug. Every little thing builds up contempt or resentment, until one morning you wake up like: “Here are your divorce papers, my guy.”
Financial Issues
How (and when) you spend it, save it, or make it, money is one of those things that can easily trigger tension in a marriage. Disagreements about finances make matters dicey, especially when it gets in the way of working together as a team. Someone might think their partner spends too much, another might be worried about their partner’s debt and, in some cases, and couples can’t compromise about what to spend their money on. Over time, the strain gets to be too much. What’s mine was once yours, but not anymore.
Lost Sense Of Self
We are fluid beings, and what you want can change over the course of a 20-year marriage. “Very often in relationships, a partner has been sacrificing what they want and need for the sake of keeping the marriage together.” Whether that’s passing up a job opportunity or getting lost in the role of “Mom,” the marriage could take you down a path you don’t identify with all that much anymore. It’s one thing to compromise, but it’s another to lose sight of your individuality completely. If you do, you might resent your partner and want out.
Money
Finances are one of the major reasons that people get a divorce. Trying to communicate with another person about how to spend the money and when to spend it can get anyone on edge. When there actually isn’t enough money to go around, the tension is even higher. When there isn’t enough money people will fight more and play the ‘blame game’, which just tries to make it the other person’s fault that there is no money. If people can just get some help, maybe take some finance classes, and then they can save their marriage.
Infidelity
More than half of couples that get divorced say that they are getting divorced because of their spouse being unfaithful. This is a staggering number, considering the amount of divorces in this country. Trying to stay close as a couple and making sure that honesty and communication are valued might make a big difference to stop infidelity before it starts. However, it is understandable for a couple to not stay together if one spouse is no longer committed to the relationship.
No Equality
Studies have shown that forty-four percent of couples get divorced because they feel like the relationship is not equal and fair. That fact alone was enough to make a lot of couple’s call it quits.
Utah Property Division
In Utah the courts generally accept a fair and reasonable property division the parties agree to, but if the parties cannot agree, the District or Family Court divides the marital estate within the Judgment of Divorce. Utah law requires an equitable division of marital property. Equitable means fair, which is not necessarily equal. When spouses agree about property division, the judge makes certain their agreement is fair and reasonable. Property division cannot be revisited after the order is made, except under limited circumstances. Judges in Utah, rather than rely on a hard and fast set of rules for property division, enjoy discretion to consider factors unique to each marriage. Despite the court’s relative freedom to decide what fair, courts is considered the length of the marriage and how the spouses acquired the marital property. Judges look at conditions each spouse faces alone after the divorce, such as medical needs and childcare costs. Each spouse’s level of education and earning potential are also relevant. Judges may divide property unequally after considering these and other factors. When a long marriage ends, the court considers the economic impact of the divorce, particularly if one spouse’s earning capacity has been greatly enhanced through the efforts of both spouses during the marriage. For long-term marriages, equitable may mean a 50-50 split, or the court may decide that it is fair to give one party more or less than 50% of the property. For short-term marriages, the court may strive to restore the spouses to the economic position they enjoyed before the marriage. The court may decide one spouse is responsible for all joint debts and liabilities of the parties incurred during marriage. According to the Utah, a fair distribution of property includes several factors, such duration of the marriage, the age and health of the parties, their occupations, the amounts and sources of income and related matters. Spouses may establish the terms and conditions for the distribution of property by a valid premarital agreement. Under the Uniform Premarital Agreement Act, agreements made in contemplation of marriage become effective upon marriage. A valid premarital agreement can affect real and personal property, including earnings, other income, and retirement benefits. A premarital agreement cannot govern child support, a child’s healthcare insurance or expenses, or childcare expenses.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Should I Get Divorced If My Spouse Wants To Swing?

Should I Get Divorced If My Spouse Wants To Swing

Swingers are couples or singles who choose to have an open relationship, allowing their partners to have sex with other people, with their permission, of course. In the swinging world, couples make their own rules around what they need within relationships and marriages and vow to abide by the boundaries set forth. Couples or singles who select this type of lifestyle seek one or many partners for the pure excitement of getting from one partner what they don’t receive from their “main partner”, the number one significant other in their life.


For instance, one partner might enjoy the way someone else can satisfy them that their long term partner cannot do for them. When two people are very secure with themselves and a lot of trust is established then both feel comfortable allowing the other to have different mates. They can be of the same sex or different depending upon their mood for the day/night. Some couples choose to play with other couples and keep it with just them or they may branch off and find a couple mates to play with when they are feeling frisky or their husband/wife might be tired, a woman may have just had a baby and cannot have sex for at least six weeks, their partner might travel and leave their significant other feeling like they need someone to fulfill their sexual desires while they are recovering. Each couple chooses together what their life will look like within their relationship and plan and play accordingly. The benefits are they often times create lasting friendships with others of the opposite sex while enjoying sexual pleasures from them as well. Things never get stale and it usually spices up the bedroom when both mates are personally with each other.

Some couples enjoy watching other couples and learn to role play and seek sexual excitement from the scenarios they create with others and follow through on. To each his own and many people find their egos get a boost, self esteem is significantly increased as well as their moods, relationships might last longer if couples feel less pressure in the bedroom, no one has any financial obligations, and for some who cannot remain faithful find ways like this to still be married and have a family but are able to see others on the side to fulfill sexual pleasures outside of a loving relationship where both people agree this is what is best for them.

Divorce in Utah is referred to as Dissolution of Marriage and is conducted as a civil action, with one party, the Petitioner, filing a Petition for divorce, and the other party being named as a Respondent. To file for divorce in Utah, either spouse must be a bonafide resident of the state and must have lived in the county of filing for the three months immediately preceding commencement of the action. The Petition may be filed in the district court of the county where either spouse resides. If the Petitioner is a member of the armed forces of the U.S. who are not legal residents of this state, he/she may file for divorce if he has been stationed in the state for the three months immediately preceding the commencement of the action. No hearing for decree of divorce may generally be held until 90 days have elapsed from the filing of the complaint, provided the court may make interim orders that are just and equitable. The 90-day period shall not apply, however, in any case where both parties have completed the mandatory education course for divorcing parents. Although there are no statutory provisions for the restoration of a spouse’s name when divorcing, either spouse may request that his/her former name be restored on the Petition or the judge will honor the request.
Legal Grounds for Divorce
The court may decree dissolution of marriage for any of the following grounds:
• Impotency of the Respondent at the time of the marriage;
• Adultery committed by the Respondent after entering into the marriage;
• Willful desertion of the Petitioner by the Respondent for more than one year;
• Willful neglect of the Respondent to provide for the Petitioner the common necessities of life;
• Habitual drunkenness of the Respondent;
• Conviction of the Respondent for a felony;
• Cruel treatment of the Petitioner by the Respondent to the extent of causing bodily injury or great mental distress to the Petitioner;
• Irreconcilable differences of the marriage;
• Incurable insanity; or
• The spouses have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.
Most Common Reasons People Give For Their Divorce

Research has found the most common reasons people give for their divorce are lack of commitment, too much arguing, infidelity, marrying too young, unrealistic expectations, lack of equality in the relationship, lack of preparation for marriage, and abuse. Many of the common reasons people give for their divorce can fall under the umbrella of no longer being in love. Research suggests the nature of love changes over time. If you feel as if you have fallen out of love, marriage counseling may help offer a new perspective that will help you rediscover that love.
Abuse
When there is a pattern of abuse in a marriage or in a family, not surprisingly there is evidence that ending the marriage is usually best for all involved. While some spouses are able to end and overcome abuse, abused spouses and children are usually better off when the marriage is ended. Sometimes, ending a marriage with an abusive spouse can be dangerous, however. It is probably a good idea to work with a domestic violence shelter in your community to help you end the relationship safely.
Infidelity
Most Americans say they would end their marriage if their spouse cheated on them. However, many couples (50-60%) who have dealt with infidelity in their marriages find the will and strength to stay together. Also, consider getting help from a well-trained marriage counselor and/or a dedicated religious leader, who will help you heal, decide what to do, and repair the marriage, if you decide to stay together. Recovering from infidelity can be very difficult to do without some help.
Addictions
Addiction can come in many forms, such as alcohol, drugs, gambling, or pornography. In some cases, the addict can recover and the marriage can be repaired. In other cases, it is best for the spouse and children to separate from the addict to see if progress can be made. Each person has unique circumstances and must decide what is right for her or him. Again, consider turning to a trained professional and/or a religious leader to help you know how best to handle your situation.
Extramarital Affairs
According to a report published by AARP, infidelity still plays a significant role in why people file for divorce. It is reported that about 17 percent of divorces are caused by one or both partners being unfaithful. However, usually there is an underlying reason that causes a spouse to cheat, including anger, resentment, having varied interests, growing apart, or unequal sexual appetites.
Physical Appearance
Physical attraction to your partner can predict marital satisfaction in the long run. According to a recent study, conducted longitudinally, men reported feeling happy in their marriage if they perceived their wives as being attractive, with their satisfaction increasing over time. Women reported feeling about the same over time, without their satisfaction increasing or decreasing. For men, their spouse’s physical appearance can act as a future predictor for successful or unsuccessful marital outcomes.
Money
In fact, lack of money can often cause marital problems to flare into a divorce filing. A married couple facing financial difficulties is often under a lot of stress, which in turn can lead to constant arguing and lack of communication. Couples who don’t see eye to eye on spending habits or that are in relationships where one spouse controls the finances are at risk for a divorce, with an estimated 40% of divorced couples noting this as the main reason for ending the relationship.
Lack of Communication
Healthy communication is one of the most important ingredients when it comes to a successful marriage. If one or both partners are not willing to work through their communication issues, marital satisfaction declines as both partners’ needs are no longer being met. Once parties stop communicating effectively, marital troubles that can lead to divorce may not be too far behind.
Incompatibility
Nothing stays the same. Over time people grow, develop, and change. Around 55 percent of divorced couples cite growing apart from their spouse as their primary reason for ending the marriage. When partners’ lives, interests, or dreams become incompatible, the marriage can begin to suffer as a result. Divorce Magazine reports that incompatibility is often the reason people end up filing for divorce. Incompatibility can also lead to a spouse seeking interaction with a person of the opposite sex, which can lead to infidelity.
Unhappiness
Unhappiness lies at the root of a high number of divorces. Sometimes individuals don’t realize that love is not enough to keep you happy. Some people get married and then realize that they are not cut out for marriage and what can come with that type of lifestyle. Research states that marital dissatisfaction is one of the top predictors for divorce.

Parenting Style Differences
Parenting is an even larger undertaking than getting married. Once children come into the picture, priorities change, lifestyles change, and for sure sleeping habits are impacted. Differences in parenting style is a major reason couples seek divorce. For example, imagine one parent believes in letting a child cry and the other believes in a more hands-on approach. Unless the parties can communicate and work out a common solution, issues like this could lead to a split.
Different Perceptions of Equality
A couple can marry with the expectation that both will share equally in the amount of work to run a household, as well as for expenses and financial decisions but in reality one spouse ends up in control or expected to do more than another. Or they can marry with an expectation based on their culture or religion that the division of labor and responsibilities will be unequal at the outset. Over time this can lead to anger and resentment by the spouse who feels they are treated unequally. If the couple cannot communicate and follow through with a respectful and fair distribution of labor and responsibilities for their home, finances and child rearing tasks, this can lead to a broken marriage and divorce.
Lack of Intimacy
Marriages were sex becomes rare or nonexistent are likely to end in divorce. Marriages can become sexless for several reasons, such as the partners growing emotionally apart, too busy and tired from work and caring for children or for medical issues, mental health problems and physical disabilities. Without counseling, marriages can fall apart without regular physical and emotional intimacy. About 15 to 20% of marriages in the U.S. are “sexless” and about 50% of these results in a divorce.
Medical Problems
One spouse suffering from a serious or debilitating illness can often lead to divorce. In addition to a health problem causing problems for physical intimacy, it can lead to substance abuse, depression and anxiety, as well as financial issues like debt. More often than not, research has found that it is an illness suffered by the wife that leads to divorce. A wife with a stroke and heart disease in particular appear to significantly increase the chance of divorce.

Religious Differences
Almost half of all marriages in the Utah are between interfaith couples. If these couples do not seriously discuss prior to marriage how religion will be handled in child rearing and other serious life events, divorce can result. Surveys have found that couples in interfaith marriages are at a risk of divorce that’s three times higher than non-interfaith couples.
Filing for Divorce
• Consider hiring an attorney: If your divorce is complicated, an attorney can help guide you through the process and ensure everything is done correctly. You may have difficulty going it alone if you have complex child custody or support issues, if you and your spouse have been married for a while and have a lot of property and joint assets, or if you and your spouse disagree about any of these issues.
• Don’t Prepare The Documents On Your Own.
• Use An Attorney To File your divorce
• Serve your spouse. Your Attorney Will handle this for you.
• Wait for an answer: After your spouse is served, they have 21 days to file a response to your petition. This time is extending to 30 days if he or she lives in another state. If your spouse files an answer, both of you must disclose to each other a Financial Declaration. On this form, each party discloses all income, assets, debt, and expenses both to the court and to each other. In addition, you must attach a number of financial documents, including pay stubs, copies of tax returns for the two tax years before the petition was filed, loan applications, financial statements, real estate appraisals, and other documents pertaining to any item listed on the form. If your spouse does not file an answer within the time specified on his summons, you may ask the court for a default judgment. A default judgment means you get everything you’ve asked for, and your spouse doesn’t have an opportunity to protest or tell their side of the story. Instead of a response contesting your petition, your spouse also may file a written stipulation that he agrees to the divorce. If you agree on the terms of the divorce, you should speak with your lawyer to get a settlement document completed.

Divorce Lawyer

When you need a divorce lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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American Fork Utah Divorce Attorney

American Fork Utah Divorce Attorney

American Fork, in northern Utah County, is located fifteen miles northwest of Provo and thirty miles southeast of Salt Lake City. It is bordered by Utah Lake on the south and by the Wasatch Mountains to the east. Adjacent to it lie the recently organized communities of Highland and Cedar Hills, the unincorporated area of Manila, and the nearby cities of Pleasant Grove on the east, Lehi on the west and Alpine on the north. In the early days of the nineteenth century, the Rocky Mountain region was a treasure-house for valuable furs, particularly beaver, which were found in large numbers along the mountain streams. Utah Valley was visited by some of the fur trappers and hunters, and Utah Lake and the streams running into it became known to them. The streams running into the lake were known as forks, the principal ones being Timpanogos (Provo), Spanish Fork, and American Fork. The first settlers on the American Fork Creek took the name of the stream for the settlement. American Fork was settled by Mormon pioneers in the summer of 1850. Stephen Chipman and his son William Henry, along with Arza Adams and his son Nathan, were en route to Fort Provo to trade when they camped overnight near American Fork Creek. Cottonwood trees along the creek and lush meadows on the lowlands toward Utah Lake convinced them that this would be an excellent place for their cattle and sheep. Chipman, Adams, and Ira and John Eldredge went to Brigham Young and received permission to “go take up land you want.”

Heber C. Kimball was present at the meeting and asked them to survey a tract for him adjoining theirs. The first survey was completed by Ira Eldredge under the direction of a Mr. Fox, who was head surveyor in the territory. This was known as the “Big Survey.” During the late months of 1850 and the spring of 1851 other settlers were attracted to American Fork; they included Leonard E. Harrington, who came as Kimball’s agent. He served for twenty-nine years as American Fork`s mayor, bishop, and postmaster. Matthew Caldwell, a member of the Mormon Battalion, arrived in American Fork in the fall of 1850, having crossed the plains with a company of emigrants. He, his wife, and three children brought with them a herd of cattle. Brigham Young had directed Caldwell and his herders to proceed to American Fork with the livestock. Caldwell is believed to have built the first house in American Fork, cutting the logs near Fort Provo. Other log houses were quickly erected against the coming winter. At a conference held at American Fork on 18 September 1852 it was decided to lay out a city on American Fork Creek to be called Lake City. It was incorporated by legislative act on 4 June 1853. The community was known as Lake City until 1860 when the city charter was amended. The name was then changed back to American Fork in keeping with the wishes of the people and to avoid a confusion of mail with Salt Lake City. American Fork was also known for a time as McArthursville, taking the name in all probability from Duncan McArthur, who owned a farm between American Fork and Pleasant Grove, and after whom the McArthur irrigation ditch was named. American Fork is a city of well-kept private homes, condominiums, and apartments. There is a high percentage of home ownership, and well-maintained public parks are found in every area of the rapidly growing community of 18,000 (in 1993), up from the 1990 census figures of 15,696 people. An innovative, full-service public library serves the community and was built in 1968 without a bond issue. It has been continuously upgraded, with plans for further expansion underway. The LDS American Fork Ward was organized on 25 May 1851 with Leonard E. Harrington as bishop. In 1901 four wards were divided from it, and Alpine Stake, with Stephen L. Chipman as president, was organized. The Community Presbyterian Church was organized in 1877 and celebrated its centennial with a restoration of the original building. There are currently four LDS stakes and forty wards in American Fork, along with the Community Presbyterian Church, St. Peter’s Parish Catholic Church (organized in 1973), Calvary Chapel, and a Jehovah’s Witness congregation. Members of other religious denominations also live in the city.

Divorce In American Fork, Utah
Before you can file for divorce in American Fork Utah, you need to meet two basic requirements: you must have been a state resident for at least three months, and you must decide the grounds for your divorce.
Accepted Reasons for Fault Divorce in American Fork Utah
There are two types of divorces in the state of Utah: fault divorces, and no fault divorces. Fault divorces point out specific problems with a marriage or spouse, such as acts of adultery. By contrast, no-fault divorces point toward general issues, the most well-known of which is inarguably “irreconcilable differences.”
American Folks Utah establishes fault grounds as follows:
• “Impotency of the respondent at the time of the marriage,” meaning your spouse cannot produce children. This applies to both men and women.
• “Adultery committed by the respondent subsequent to marriage,” meaning your spouse cheated on you after you were wed.
• Your spouse deliberately deserted or abandoned you for a period of more than one year. This means 12 consecutive months, not a total of 12 months separated by periods where you were together.
• Your spouse deliberately neglected to “provide for the petitioner the common necessaries of life.” This means he or she willfully failed to provide you, the petitioner, with basic needs like food and shelter.
• The “habitual drunkenness” of your spouse, i.e. chronic alcoholism.
• Your spouse has a previous felony conviction. It does not matter whether the felony involved violent crimes, sex offenses, drug possession, or something else entirely: the key component is that the conviction was a felony rather than a misdemeanor.
• Your spouse has subjected you to “cruel treatment,” resulting in physical injury and/or “great mental distress.”
• Your spouse has a medical diagnosis amounting to “incurable insanity.” Be advised that incurable insanity is often very difficult for plaintiffs to prove successfully. “A divorce may not be granted on the grounds of insanity” unless both of the following conditions are satisfied:
• The “appropriate authorities of this or another state” have adjudged the respondent insane “prior to the commencement of the action.” In other words, certified healthcare professionals, whether inside or outside of Utah, diagnosed your spouse before you filed the petition for divorce.

• It isn’t enough that your spouse has been “adjudged insane.” Additionally, the court must find that such insanity is incurable, based on “the testimony of competent witnesses.”
No Fault Grounds for Dissolution of a Marriage
In addition to the fault grounds noted above, there are also two acceptable no fault grounds under Utah law):
• You and your spouse have irreconcilable differences which simply cannot be resolved. Irreconcilable differences can encompass many different issues, ranging from religious differences to disagreements about how children should be raised. The core idea is that there is a profound, fundamental gap between you and your spouse which your marriage cannot withstand.
• You and your spouse “have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.” This means you are currently in a period of separation, having spent at least 36 consecutive months physically living apart. The “decree of separate maintenance” refers to a special form of alimony for separated couples.
Waiving the 90-Day Waiting Period In American Folk, Utah
Whether you ultimately decide to file based on fault or no fault grounds, you will still be subject to Utah’s 90-day waiting period. This waiting period means at least three months must pass between your initial filing and the granting of the final divorce decree. While this delay is normally mandatory, you or your spouse you may be able to waive the waiting period under certain circumstances. To waive the waiting period, you (or your spouse) must file a formal Motion to Waive the 90-day Waiting Period, ideally with the help of an experienced family law lawyer who can help you understand your legal responsibilities. It’s important to understand that simply filing the motion is not enough to waive the waiting period: you must also persuade the judge that “extraordinary circumstances” actually merit granting a waiver. You should also know that both you and your spouse have the right to challenge the motion, though granting the waiver is ultimately at the judge’s discretion.
Residency Requirements for an American Folk Utah Divorce
In the state of Utah, both the petitioner and the respondent must have been actual residents of both the state and the county where the action is brought for a period of three months. This residency requirement also applies to members of the armed forces who are not legal residents of the state but have been stationed in the state under orders from the U.S. military. Once a petition for divorce has been filed in the state, no hearing or decree of divorce will be entered into until 90 days have passed. This 90-day period does not apply in cases where both parties have completed the mandatory educational course for divorcing parents.
Filing for Divorce in American Folk, Utah
The Petitioner will file for divorce, and the Respondent will be served with divorce papers and must then respond to those papers. The Petition for Divorce can be filed in the district court of the county where either spouse currently resides. The Petitioner must serve copies of the Verified Petition for Divorce, the Court Summons and any Temporary Injunctions to the Respondent via mail or personal service. The divorce cannot proceed through the Utah court system until there is proof of service. Once the other spouse has been served, he or she has 21 days to file a response to the divorce petition—if a response is not filed within this time, the chance to respond could be lost.

Contested or Uncontested Divorce
If all issues of the divorce include asset division, Spousal Support and child custody are agreed upon by both spouses, and then an uncontested divorce is possible. An uncontested divorce is typically much faster because there is no need to appear in court (unless there are minor children of the marriage). Although many uncontested divorces later turn into contested divorces, if you and your spouse are in complete agreement, then a Verified Complaint for Divorce can be filed with the Clerk of your local county court. If there is only partial agreement or no agreement about divorce issues, then both spouses will be required to attend a hearing to identify the issues which remain unresolved. If the divorce is contested, then the spouse who is served with the divorce Petition will answer, possibly refuting details in the complaint and/or making counterclaims. Both attorneys will then use the discovery process to request documents, interview the other party and interview witnesses if necessary. Discovery can be a drawn-out – and expensive – process, depending on the number and scope of issues which must be hashed out. If agreements cannot be reached, then a trial will be scheduled, and the judge could end up making decisions for the couple. These decisions may not please either party. Therefore, whenever possible, couples should do everything in their power to make their own decisions.
Asset Division in American Folk, Utah
Utah is an equitable distribution state, which means all assets are split fairly which might not necessarily be equally. Deciding what is “fair” takes several factors into account, including the length of the marriage, the age and health of each party, the occupations of each party and the amounts and sources of income, as well as other related matters. If a marriage is very short-term, the court could make the decision to put people back into the economic position they had prior to the marriage each partner gets what he or she had prior to the marriage. In longer-term marriages, each partner is entitled to whatever they brought into the marriage (non-marital property) unless that property has been combined with marital property or used in a manner which gives it the legal status of marital property. In the case of a marriage of long duration, a major change in the income of one spouse, due to the collective efforts of both, is a consideration in the division of marital asset, causing a compensating adjustment. Asset division during a divorce can be nullified by the presence of a premarital agreement which can affect real and personal property, including earnings, other income and retirement benefits. Premarital agreements do not govern child support or other child care expenses. The marital home will either be sold and the proceeds divided between the spouses, or one spouse will be awarded the house and the other spouse will be awarded other marital assets to equal the worth of the marital home.
Retirement and pensions plans will also be divided, and are usually regulated under plan policies as well as federal and state law. Typically, anything paid into a retirement account by either spouse from the date of the marriage becomes marital property, and therefore falls under the equitable distribution laws of the state of Utah during a divorce. If both spouses have retirement plans which are roughly equal, then each spouse could be awarded his or her own benefits.
Spousal Support
The court and the judge have jurisdiction over an award of spousal support, however the court is bound to consider at a minimum – the following factors:
• Whether there are minor children, and whether the requesting spouse has custody of those minor children;
• Whether the paying spouse has the financial ability to pay spousal support;
• Whether the requesting spouse has a financial need for spousal support;
• Whether the requesting spouse has the ability to earn a living;
• How long the marriage lasted;
• Whether the requesting spouse worked in a business which is owned or operated by the paying spouse during the marriage, and
• Whether the requesting spouse offered contributions to the paying spouse’s skills or education—i.e., working and putting the other spouse through college or a trade school.
While fault in the divorce is not generally a consideration in the award of spousal support, in certain cases it can be. As an example, if one spouse dissipated a large amount of marital assets during the marriage through gambling, adultery, etc., the judge could “equalize” the dissipated assets through a larger award of spousal support. In the state of Utah, spousal support cannot be ordered for a duration longer than the number of years the marriage lasted, barring any extenuating circumstances. Further, spousal support automatically ends upon the remarriage or death of the former spouse.

Annulment in American Folk, Utah
In American Folk, a marriage may be annulled for any of the following reasons:
• A marriage between any of the following: parent and child, ancestor and descendant, brother and sister (half or whole), first cousins (unless both parties are over the age of 65, or over the age of 55 with a court finding of an inability to reproduce), or any person related to one another within the fifth degree of consanguinity.
• A marriage between persons of the same sex;
• A marriage with one or both parties being at least 16 but under 18, with no parental consent;
• A marriage with one or both parties being under the age of 16;
• A marriage when there is an existing husband or wife with no divorce (bigamy), or
• A marriage which occurred before a divorce was finalized.
Legal Separation in American Folk, Utah
While not all states recognize a legal separation, the state of Utah does. A temporary separation order can be filed without filing a Petition for Divorce. Temporary orders are valid for a year from the date of the hearing, or until a Petition for Divorce is filed or the case is dismissed. During a legal separation, division of assets, spousal support, custody and child support will all be determined under the umbrella of separate maintenance. The grounds for a legal separation in American Folk include:
• Non-support of a spouse by a spouse with sufficient ability to do so;
• Desertion of a spouse, or
• One spouse living separately and apart from the other.
Consequences for Violations of a Divorce Decree
When the court has made their rulings in a divorce and the paperwork signed, both parties are legally bound by the divorce decree. Violations of any part of the agreement by either party can result in a contempt of court charge. The most common types of violations following a divorce are non-payment of child support or spousal support, non-compliance with the visitation schedule or withholding visitation. That being said, if the circumstances of one spouse changes significantly following the divorce decree, then a motion may be filed to alter the original agreement.

Divorce Lawyer

When you need a divorce lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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LGBT Divorce

LGBT Divorce

LBGTQ divorce cases can pose extreme dilemmas and complications for same-sex couples, and because of these problems, the individual spouses often need the services of a lawyer to progress through the divorce case. It is usually only through legal support that the couple can proceed appropriately through a divorce case and understand all options that exist. Rights for lesbian, gay, bisexual, and transgender (LGBT) people in Utah are among the most extensive in the United States. Protective laws have become increasingly enacted since 2014, despite the state’s reputation as socially conservative and highly religious. Same-sex marriage has been legal since the state’s ban was ruled unconstitutional by a federal court on October 6, 2014. In addition, statewide anti-discrimination laws now cover sexual orientation and gender identity in employment and housing, and the use of conversion therapy on minors is prohibited. In spite of this, there are still a few differences between the treatment of LGBT people and the rest of the population.

Along with the right to marry in every state, marriage equality laws also gave couples the right to divorce, regardless of where they live. But, in some cases, the divorce process can become very complicated. If you and your spouse don’t have multiple registrations for domestic partnership or civil unions, or you were married after marriage equality became law, you can file for divorce in your state as long you meet the residency requirement, which means you must be a resident of that state before you may file for divorce there. Each state has different rules, but most require spouses to live in the state for 6 months before filing for divorce. It’s important that you understand your state’s specific laws. Unfortunately, for many couples, divorce will be a complicated and frustrating process, especially if you were together before your marriage was legal. When the same-sex couples attempts to go through a divorce in various states in the country, the two partners can encounter numerous complications. Many of these include the standard issues that a judge may not fully understand when they are normal for opposite-sex couples such as child custody, spousal support and the division of assets. The same-sex couples usually has another problem in the duration of the marriage that can also confuse and hold up the proceedings because this date may not exist at the point the two parties became legally married.
Property Division
In every divorce, a judge will divide a couple’s marital property and debts between the spouses. For same-sex couples who were living together before marriage became legal, the date of the marriage may create an unfair property settlement between spouses. In situations where one party bought the property before the marriage, the court may categorize it as separate property, which is immune from property division and normally awarded to the spouse that purchased the item. Some courts recognize that discriminatory laws restricted couples from getting legally married, so a judge may split the value of the camper. However, property division is based on a judge’s discretion (and state-specific factors), so there’s no guarantee that you’ll be walking away from your relationship with anything your spouse purchased before the date of your wedding.

Custody and Child Support
Unfortunately, when a relationship ends badly, the same people who fought for marriage equality may use discriminatory parentage laws against an ex-spouse. This is especially common in custody battles involving same-sex couples. If you can work together to create a parenting plan with your spouse, you could avoid a tumultuous legal battle over the children. Many couples decided to start a family prior to marriage equality, and without a legally recognized relationship, most found it almost impossible to adopt a spouse’s biological children. If the other parent never legally adopted the children, the courts in most states won’t award any parental rights, including visitation, to the non-biological parent. In cases where the couple decides to have and raise the child together, this can be devastating to the other parent. Because marriage equality is so new, it’s impossible to predict how all courts in every jurisdiction will handle custody cases where a child was born to one spouse during a same-sex marriage. In heterosexual marriages, if a child is born during the marriage, the court presumes the husband is the father. Ideally, the court would make the same presumption in same-sex cases, but the outcomes may vary depending on the state.
Child Custody and Visitation
Hiring a lawyer for a same-sex divorce is crucial when it comes to child custody or visitation rights. The lawyer becomes even more important if the spouse has no biological rights or legal parental rights in the state. He or she will need to have the lawyer explain the issue and why visitation or joint custody is in the best interests of the youth. Some judges may even require income statements and proof through evidence that shared custody or visitation with the child helps his or her development and well-being. The lawyer is invaluable when presenting the valid argument to the judge for this matter.

Spousal Support
The issue of spousal support or, alimony becomes complicated in same-sex relationships if a couple was together for many years before the laws allowed them to legally marry. Judges usually award alimony to a spouse if there’s a financial need and ability to pay, but will use discretion and a variety of factors before deciding. Generally, the longer the marriage, the more likely it is that a judge will award spousal support to a lower-earning or non-earning spouse. But what happens if the laws didn’t allow you to get married, but your relationship lasted for a decade? Because this is uncharted territory, and courts are just now starting to see these cases, it’s difficult to know what a court will do in every situation. In some states, the court will add the additional unmarried years to the end of the legal marriage before deciding spousal support. In others, judges won’t consider any relationship outside of a legal marriage. And in some states, the supported spouse may ask the court to award “palimony,” which is financial support for unmarried partners. The claim for palimony would be based on the years the couple spent living together before they legally married.
Settlement Agreements
One of the best ways to deal with divorce is to work with your spouse to settle the entire divorce outside of court. Many courts offer a service to couples called mediation, which is a voluntary process that allows both spouses to discuss what they want out of the divorce. Judges have the authority to decide property division, custody, and support issues, but only the couple knows what’s best for their family situation. Creating a settlement agreement is the easiest and least expensive method for keeping control in your divorce.
The Duration of the Marriage
One complication that many LGBT couples have when attempting to get a divorce is when the legal marriage actually began. This is not usually the date the two became legally a couple in the eyes of the law in the state. Some states permitted same-sex marriages before the country provided this opportunity in 2015. However, the relationship may have begun long before this date, and divorce can reveal the true date that the state would consider the legal marriage such as ten or even twenty years before. However, the judge must understand this to apply a different specific date, or he or she may only use the point that the state accepted the marriage.

The State Problem
There are some issues that still exist based on the state where the couple wants to get the divorce. Some of these range from the courts understanding how to proceed through same-sex marriage dissolution to spousal support. A lawyer is often necessary to help present an appropriate case within the state. Some problems exist when the state does not know how to apply duration of the marriage to the divorce. If the judge has some bias against the LGBTQ community, this can also lead to further complications. The lawyer hired for the divorce can usually assist in numerous ways.
The Alternate Divorce Resolution
An ADR is usually the route that many couples will seek when the standard state divorce becomes complicated. With an ADR, both parties can seek a process such as mediation that is beneficial for both spouses, provides an informal manner to communicate and help resolve the issues in the marriage. Many of these include child custody and visitation, spousal and child support and the division of property. With an ADR, the couple can accomplish the goals of these issues and reach a binding agreement that does not require the standard courtroom appearance from the spouses. Some states have different processes that are through an ADR which are only possible in that state. Many of the requirements involve the spouses to remain in the state for a certain time in separate households during the initial processes of the divorce. The lawyer hired for the case is usually the person that explains that these alternatives exist and how to use them to end the relationship peacefully and amicably legally. Legal support can also help amend documents, review paperwork that requires legal action and file petitions to the courts if necessary. If the state does not permit a normal divorce process for the LGBTQ community, the lawyer can find another way oftentimes.
Same-Sex Divorce for Non-Residents
In recognition of the challenge same-sex couples faced getting divorced; many states that permitted same-sex marriage also allowed non-resident same-sex couples to divorce. For example, Utah requires that at least one spouse be a resident of Utah for at least six months prior to filing a petition for dissolution of marriage. However, Utah also allows non-resident same-sex married spouses to dissolve their marriage if they married in Utah and neither spouse lives in the state. The couple must file for dissolution in the county in which they married.

Dissolution of Domestic Partnerships
Despite the Supreme Court’s historic ruling, some same-sex couples may still be caught in a state of limbo if they choose to end their partnership. For instance, many same-sex couples who did not have access to marriage opted for civil unions or domestic partnerships instead. While legally similar to marriage, not all states recognize these types of arrangements and as a result may not be able to dissolve civil unions or domestic partnerships. It’s not quite clear how state governments will respond to the sweeping changes in marriage law, including access to divorce by partners in civil unions.
Considerations for Same-Sex Divorce
After several years of fluctuating laws and status, the matter is finally settled at the federal level. But it’s important to refer to your state’s laws if your situation is particularly complex. Those in civil unions, for example, may need to establish residency in the state where the union was performed in order to dissolve the relationship. But if you were legally married, you may now get divorced in any state. With the support of a lawyer, a spouse in a same-sex marriage can find a way to end the relationship legally and still reach an agreeable remedy to the process. By hiring a lawyer, the same-sex spouse can discover the best path through a divorce.

Reasons To Hire A Divorce Attorney
Going through a divorce without the help of an attorney can be challenging. Divorce lawyers are able to provide their clients not just legal help, but a friendly shoulder to lean on. To get the best legal help, always hire a local divorce attorney.
• Settle an agreement: Couples who are looking into getting a divorce rarely see eye to eye. Coming up with a mutual agreement is a hard feat. Individuals going through separation may not want to give into the other’s agreement and vice versa. This ongoing tug of war could go on forever. With the help of a divorce lawyer, couples are able to come to an agreed settlement much faster.
• Serve as a mediator for you and your spouse: It isn’t uncommon for couples going through separation or divorce to have pent up anger, frustration or contempt for the each other. Negative personal feelings often lead to fights, adding fuel to the flame. Divorce lawyers can redirect these negative emotions by taking on the role as a mediator.
• Help lessen the emotional stress: Going through a divorce can be emotionally, physically and emotionally draining on individuals. By hiring a trustworthy divorce attorney, you are able to lessen your load and less part of your burden. Your divorce attorney will be there to help take care of the details, keep you focused and hold your hand throughout the process.
• Fast divorce procedure: When going through a divorce, the last thing any couple wants is to prolong the divorce. With the help of a reputable family lawyer, the whole process of divorce and coming up with an agreed settlement goes by much smoother and faster.
• Determine if you getting your fair share: A crucial part of getting a divorce is determining how to divide property, assets and so forth. Different states have different laws for how to divide property and assets.
• Help you with child custody laws: Determining child custody is one of the most important factors for couples going through a divorce.
• Inform you of what you are entitled by law: Getting a divorce in Utah, you may be entitled to more than just marital assets. A knowledgeable attorney will inform you of everything you are entitled to by Utah law.
• Go over important legal documents: To file for divorce in Utah, you must submit and fill out the right legal documents for your local court to approve. Hiring a divorce attorney can help you keep track of these forms, help you fill out the forms and keep you moving smoothly along the divorce process.
• Protect your rights: A divorce lawyer is experienced with divorce law. An experienced lawyer will know all the ins and outs of the process, know what you are entitled to and know what your rights are. By hiring a trustworthy attorney with your best interest in mind, you are guaranteed to have your voice heard and your rights protected.

LGBT Divorce Lawyer

When you need a divorce attorney who focuses on the needed of LGBTQ+ Individuals, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Utah Pre-Nuptial Agreement

Pre-Nuptial Agreement Lawyer

A prenuptial can be a great tool for couple to use if they are thinking of getting married. A prenuptial agreement can help you establish the financial rights of you and your spouse in unfortunate event of a divorce including protecting a family business, or securing your personal assets. However, prenuptial have to be done right in order to be valid in your state.

Reasons Why A Prenuptial Agreement Might Be Invalid
• No Written Agreement: Premarital agreements must be in writing to be enforceable.
• Not Properly Executed: Both parties must sign a premarital agreement before the wedding in order for the agreement to be considered valid.
• You Were Pressured: A premarital agreement may not be valid if one of the spouses was pressured by the other (or by his or her lawyer or family) to sign the agreement.
• You Didn’t Read It: If your spouse-to-be puts a bunch of papers in front of you, including a premarital agreement, and asks you to sign them quickly, the premarital agreement may not be enforceable if you sign it without reading it.
• No Time for Consideration: A prospective spouse entering into a premarital agreement must be given time to review it and think it over before signing it. If the groom hands the contract and a pen to the bride just before she says, “I do,” the agreement is probably invalid.
• Invalid Provisions: Although a premarital agreement can cover just about any financial aspect of the parties’ relationship, it cannot in any way modify the child support obligations that either spouse would have if the marriage should end in divorce. Any other provisions of the agreement that violate the law would also be invalid. It is possible, however, that the court would strike the illegal clauses and enforce the remainder of the agreement.
• False Information: A premarital agreement is valid only if it is entered into after full disclosure by both parties — as to their income, assets, and liabilities. If one prospective spouse provides the other with information that is not true, the agreement is invalid.
• Incomplete Information: Failing to provide pertinent information is as bad as providing false information, and it renders a premarital agreement unenforceable.
• No Independent Counsel: Because their separate interests are at stake, both parties to a premarital contract should (and in some states must) be represented by their own attorneys, or the agreement will not be enforced.

• Unconscionability: It’s true that you can agree to give up your right to inherit from your spouse, which you would otherwise be entitled to do upon your spouse’s death, even if he or she left you out of a will. You can sign away your right to spousal support if you should end up in divorce court, even if your spouse makes ten times as much money as you do. You can even agree that your spouse gets all of the property and you get all of the bills, if that is what you want to do. But if the agreement is so grossly unfair that one party would face severe financial hardship while the other prospered, the court is unlikely to enforce it. Basically, “unconscionable” contracts are generally found invalid, and premarital agreements are no exception.
Utah is an equitable distribution state. This means that in the absence of a premarital agreement, all property acquired during marriage (with certain limited exceptions) is marital property and would be subject to an equitable distribution upon divorce. A prenuptial agreement can override that presumption if it is stated in the agreement. Prenuptial agreements can also make agreements regarding potential spousal maintenance, division of assets, and division of debt. It is important to contact a lawyer who understands the complexity of these agreements, and who is familiar with the requirements for a valid prenuptial agreement in order to ensure any agreement reached is appropriate and legally valid. It is also important that each party either be represented by counsel, or be given the opportunity to consult with counsel. At times it becomes necessary or appropriate to define or negotiate agreements regarding property rights during marriage. Postnuptial agreements may be helpful if, for instance, one party to the marriage is starting a new business with several partners and the partners need clarification on the ownership rights. Both prenuptial agreements and postnuptial agreements, if they have been done properly, make the eventual process of the dissolution go much more smoothly as many of the issues have already been defined.

The Pros and Cons of Prenuptial Agreements
Pros
• A prenuptial marriage agreement does not indicate that a couple is anticipating a divorce.
• Financial matters that need to be faced are examined.
• Prenuptial agreements can preserve family ties and inheritance.
• If your future spouse won’t sign a prenuptial marriage agreement, it may be best to discover this before the wedding.
• The financial well-being of children from a previous marriage can be protected.
• Personal and business assets accumulated before your marriages are protected.
• A prenup puts financial expectations out on the table before your wedding.
• A prenuptial marriage agreement spells out which assets a spouse may want to give to children or other family members in the event of death.
• In the event of a divorce, a prenuptial agreement eliminates battles over assets and finances.
Cons
• Some people look at creating a prenup as “planning the divorce” before “planning the wedding.”
• They are unromantic and can cause serious friction in the relationship.
• Prenups can give the appearance that there is a lack of trust between the partners.
• A prenuptial agreement could create resentment between spouses.
• A prenuptial marriage agreement makes it seem like there is a lack of a lifetime commitment to one another.
• Prenuptial marriage agreements can be set aside for failure to disclose all assets, or if there is evidence of fraud, duress, unfairness, or lack of representation at the time of signing the agreement.
The Importance of a Prenuptial Agreement
We live in a culture where marriages are not always “till death do us part.” Although most engaged couples imagine that their marriage will be a lifetime of shared bliss and cooperation with finances, the truth is that approximately 20 percent of marriages end within five years and more than 30 percent end within 10 years. This is why it is important to consider all possibilities for the future before you get married You need to protect the assets you held prior to entering the marriage and assert your right to certain assets you and your spouse procure during the marriage. If you have a child from a previous relationship, it is also critical that you protect his or her right to your assets through a prenuptial agreement. A prenuptial agreement is a lot like a homeowner’s insurance policy – although you hope you never have to use it, it can be a lifesaver if you do.
What Can a Prenuptial Agreement Do?
In short, a prenuptial agreement sets rules for the court to follow regarding each party’s interests in the couple’s marital assets in the event of a divorce or one partner’s death. Without a prenuptial agreement in place, the court divides a divorcing couple’s assets according to the principle of equitable distribution, which states that each partner may receive a share of the marital property in accordance with his or her contributions to the marriage and his or her financial and personal needs following the divorce. By setting these rules, a prenuptial agreement can do the following:
• Ensure that an individual’s children from previous relationships receive their share of his or her assets after his or her death;
• Provide for a former spouse after one’s death;
• Limit a business owner’s partner’s access to his or her business-related assets following a divorce;
• Determine which partner may take ownership of specific pieces of shared property after a divorce; and
• Keep specific heirlooms and other pieces of property within a family.

What May be Included in a Prenuptial Agreement?
Issues related to finances and shared property may be included in a prenuptial agreement. In addition to the benefits listed above, a prenuptial agreement can also state how a couple may spend their money after marrying. This can include a clause stating whether one partner may be required to pay for the other’s education expenses or whether the couple will open shared bank accounts. Some issues cannot be predicted ahead of time and, thus, cannot be included in a legally-binding prenuptial agreement. For example, any requirements related to the couple’s future children, such as how many children to have and their custody agreement in the event of a divorce, may not be part of a couple’s prenuptial agreement. Although it is not permissible in many states, you can waive your right to seek spousal support following a divorce.
What a Prenuptial Agreement Cannot Include
It is important to know the limits of a prenuptial agreement because a section that crosses those limits may invalidate the entire agreement. First, you should remember that a prenuptial agreement is essentially a financial arrangement. It shouldn’t extend to your relations with other family members, your decisions about whether and when to have children, or who is expected to do certain errands. Also, no prenuptial agreement can give either member of the couple an incentive for divorce. This means that you should think twice before making a specific arrangement on how to divide property after divorce that appears to clearly favor one spouse over the other. Prenuptial agreements cannot place restrictions on child support, child custody, or any other rights regarding children of a marriage that ends in divorce. Some states go further and prevent these arrangements from including waivers of alimony, or spousal support. Not every state has this rule, so you should consult with an experienced family law attorney in your state if you are considering this option.
Pre-Marital and Post-Marital Agreements
Couples planning to get married may consider making a prenuptial agreement. This document, which is also called a premarital agreement, outlines the property owned by each of the future spouses and the property rights available for each spouse if the marriage ends. Sometimes couples will make this type of agreement after getting married, when it is called a postnuptial agreement. Many couples appreciate the financial clarity that this arrangement can provide, as a valid prenuptial agreement can reduce conflict when a marriage ends in divorce or death. If you choose not to make a prenuptial agreement, your property will be divided according to the laws of your state, which may not produce an outcome that satisfies you. Making a decision about what to do with your property beforehand allows you to avoid uncertainty and the possibility of disappointment. As a preliminary matter, it is often good to talk with your spouse and write down some of your thoughts about certain assets you own and what you would want to happen to them should your relationship dissolve. In some cases, you and your spouse may be able to write the first draft of a prenuptial agreement before consulting a lawyer. Once you have settled on an arrangement with your spouse and drafted an agreement, you should still consult with a lawyer to check that it is valid and give you any relevant advice. When deciding to prepare a prenuptial agreement, many couples may decide to retain individual counsel to ensure they fully understand what rights they may be surrendering. While hiring two sets of lawyers will increase legal fees, having your own lawyer ensures that your interests are fully protected and not compromised by any potential conflicts of interest. Before a court will enforce a prenuptial agreement, it will seek to determine whether the agreement is written, clear and fair. The court will consider many factors, including whether the parties adequately disclosed their finances, were each represented by legal counsel, and voluntarily entered into the agreement free of coercion. The court will also look at the terms of the agreement to see whether the agreement is fair, and not one-sided or unconscionable.

Who Needs a Prenup?
Contrary to popular opinion, prenups are not just for the rich. While prenups are often used to protect the assets of a wealthy fiancé, couples of more modest means are increasingly turning to them for their own purposes. Here are some reasons that some people want a prenup:
• Pass separate property to children from prior marriages. A marrying couple with children from prior marriages may use a prenup to spell out what will happen to their property when they die, so that they can pass on separate property to their children and still provide for each other, if necessary. Without a prenup, a surviving spouse might have the right to claim a large portion of the other spouse’s property, leaving much less for the kids.
• Clarify financial rights. Couples with or without children, wealthy or not, may simply want to clarify their financial rights and responsibilities during marriage.
• Avoid arguments in case of divorce. Or they may want to avoid potential arguments if they ever divorce, by specifying in advance how their property will be divided, and whether or not either spouse will receive alimony. (A few states won’t allow a spouse to give up the right to alimony, however, and, in most others, a waiver of alimony will be scrutinized heavily and won’t be enforced if the spouse who is giving up alimony didn’t have a lawyer.)
• Get protection from debts. Prenups can also be used to protect spouses from each other’s debts, and they may address a multitude of other issues as well.
If You Don’t Make a Prenup
If you don’t make a prenuptial agreement, your state’s laws determine who owns the property that you acquire during your marriage, as well as what happens to that property at divorce or death. (Property acquired during your marriage is known as either marital or community property, depending on your state.) State law may even have a say in what happens to some of the property you owned before you were married. Under the law, marriage is considered to be a contract between the marrying couple, and with that contract comes certain automatic property rights for each spouse. For example, in the absence of a prenup stating otherwise, a spouse usually has the right to:
• share ownership of property acquired during marriage, with the expectation that the property will be divided between the spouses in the event of a divorce or at death
• incur debts during marriage that the other spouse may have to pay for, and
• share in the management and control of any marital or community property, sometimes including the right to sell it or give it away.
Making a Valid Prenup
As prenuptial agreements become more common, the law is becoming friendlier toward them. Traditionally, courts scrutinized prenups with a suspicious eye, because they almost always involved a waiver of legal and financial benefits by a less wealthy spouse and they were thought to encourage breakups. As divorce and remarriage have become more prevalent, and with more equality between the sexes, courts and legislatures are increasingly willing to uphold premarital agreements. Today, every state permits them, although a prenup that is judged unfair or otherwise fails to meet state requirements will still be set aside. However, because courts still look carefully at prenups, it is important that you negotiate and write up your agreement in a way that is clear, understandable, and legally sound. If you draft your own agreement, which we recommend, you’ll want to have separate lawyers review it and at least briefly advise you about it otherwise a court is much more likely to question its validity.
How to File a Prenuptial Agreement
• Prenuptial agreements were once thought to only be used by wealthy individuals. With divorce rates at an all-time high and relationships often consisting of two working individuals, all that has changed. Prenuptial agreements are now seen as a practicality and are therefore more commonplace. Creating an agreement can save both parties from undue stress, complications and lengthy court battles if a divorce comes at some point in the future. No one likes to think of divorce before the white dress has even been fitted, but considering all future possibilities is a smart move for everyone.
• Talk to your spouse-to-be and make sure you both agree on signing a prenuptial agreement. Be open and honest about your concerns, intentions and feelings regarding the agreement. Prepare a list of the things each of you would like to see in the document before consulting with a lawyer. It will save you time and money to have some sense of agreement before going to a legal office.
• Obtain legal counsel for each of you. To best protect your individual interests, you should each have your own attorney. Take your written ideas with you to the consultation. The lawyers may have suggestions for alterations based on their experiences, but having ideas on paper will speed up the process and make it easier to draft an agreement both of you will approve of. Highly complicated agreements could take several drafts, so be sure to give yourself plenty of time before the wedding to get this completed.
• Take the final document to a notary public. In order to stand up in court, the document must be signed, witnessed and notarized by a licensed authority. You should obtain at least two copies of the agreement, one for each of you. Some people prefer to have three or four copies to give to neutral parties for safekeeping.
• Do not file the document with the courts. It does not require court authorization to be valid and only needs to be filed within the court system if divorce proceedings occur. Instead, file the finalized and notarized draft in a safe place of your choice. Many lawyers suggest a fireproof safe as the best option and filing copies in two or more different locations.
• Check with your state laws to see if it requires prenuptial agreements to be updated. Since individual finances can change drastically from year to year, some states require agreements be updated or they will not stand up in court. If necessary, re-file as directed by your lawyer.
Requirements for A Valid Prenuptial Agreement
You don’t have to visit an attorney to draft a Prenup Contract, but Prenuptial Agreements must be in writing to be legally valid. It is in your best interest to use a Prenuptial Agreements form that has been reviewed by an attorney rather than creating one completely from scratch. Many individuals utilize online Prenuptial Agreements legal forms as the basis for drafting their agreements.
Additional requirements for valid Prenuptial Agreements include:
• Both parties must voluntarily execute the agreement.
• Both parties must engage in full disclosure of their respective situations at the time the document is executed.
• Both parties must sign the document in the presence of a notary public.
• Both parties must be represented by independent licensed attorneys and both of their attorneys must sign it as well.
The agreement cannot be unreasonably unfair to one of the parties. If you are planning to get married and are considering a do it yourself prenup, it is a good idea to look at sample Prenuptial Agreements forms to get ideas about the types of information typically included in these legal documents.

Pre-Nuptial Agreement Lawyer

When you need a prenup in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Salt Lake Divorce Attorney

Salt Lake Divorce Attorney

To get divorced in Salt Lake City, Utah, you or your spouse must reside in the county for at least three months immediately before filing the divorce petition. If custody of a minor child is an issue, usually the child must reside with at least one of the parents in Salt Lake City for at least six months, but there are exceptions. Divorce can be devastating; however, uncontested divorces are often less devastating to your finances and sanity than contested ones. Instead, Utah’s uncontested divorce process allows spouses to reach an agreement on their own and avoid the stress and anxiety associated with attending a trial before a judge. The uncontested process can be relatively quick, and certainly less expensive than taking a divorce to trial.

Uncontested Divorces in Salt Lake, Utah
Uncontested divorces are an option available to divorcing Salt Lake couples with or without children. These types of divorces are generally less expensive and faster than traditional divorces because you avoid the expense of attorneys, custody evaluations and hiring experts for trial. If you and your spouse are able to agree on all issues regarding your divorce, including child custody, visitation and support, then an uncontested divorce is a real option. However, if you and your spouse cannot reach an agreement on any issue in your divorce, then your divorce becomes contested and you will be required to attend a trial where a judge will decide the remaining issues in your divorce case. The following is a list of some of the major issues that must be resolved between you and your spouse before filing an uncontested divorce action in Salt Lake City:
• division of real estate and personal property
• division of debts and assets
• child custody and visitation if you and your spouse have minor children
• child support, health and insurance coverage
• alimony or spousal support, and
• any other issues related to your marriage.
Beginning the Uncontested Divorce Process in Salt Lake City, Utah
To obtain an uncontested divorce in Salt Lake City, you must meet the following criteria:
• you or your spouse have resided in Salt Lake, Utah for at least 3 months, if minor children are involved, you must have resided in Salt Lake for 6 months
• you and your spouse have agreed on all issues in your divorce, and
• child support and spousal support, custody and visitation are not requested, or there is a written agreement signed and notarized by both parties resolving those issues.

If you meet all of the above criteria, you may proceed with your uncontested divorce by filing the required forms. If you plan to file for divorce without the help of an attorney, you will be responsible for filing the right documents with the right court. Utah’s district courts oversee divorce cases and trials. Utah has approximately 70 judges serving in the state’s eight judicial districts. Where you live will determine where you file for divorce because generally, you will file your divorce paperwork in the county in which you live. If you and your spouse have separated but still reside in Utah, either the county in which you lived, or where your spouse has lived for the last three months is proper to file your paperwork.
Preparing Divorce Forms In Salt Lake City, Utah
The Utah Courts site offers online forms for completing an uncontested divorce available here and or in hard copy at your local courthouse. The following documents must be filed with your divorce paperwork:
• Civil Coversheet
• Petition for Divorce
• Vital Statistics Form/Certificate of Dissolution
• Acceptance of Service
• Stipulation
• Affidavit of Jurisdiction and Grounds
• Military Service Declaration and Order
• Findings of Facts and Conclusions of Law
• Decree of Divorce
If you and your spouse have children together under the age of 18, then the following forms must be filed as well:
• Child Support Worksheet
• Affidavit of Income and Compliance with Child Support Guidelines
• Financial Declarations, and
• Child Support Locator.
The required paperwork to complete a divorce in Utah may vary in your particular county, and thus, forms in addition to those listed above may be required to complete your divorce. Check with your local court clerk for more information and to determine whether you need to file additional forms.

Completing Your Divorce
Utah has a mandatory 90-day waiting period to complete a divorce. Under extraordinary circumstances, the 90-day waiting period may be waived. However, before a divorce will be granted to parents of minor children, both spouses must complete the Divorce Education Course. Utah does not require that you attend a court hearing before a judge will finalize your uncontested divorce. Instead, if all your paperwork is filed correctly and the judge finds that your agreement is reasonable and/or in the best interests of your children, then the judge will sign the Findings and Decree of Divorce. Note that the date the judge signs your Decree, is when your divorce becomes final.
Mediation
Additionally, many people go through the mediation process when seeking an uncontested divorce. It is important to talk with an attorney even if you intend to mediate. Mediators do not represent individual parties and are not able to give legal advice to individual parties. You may be waiving rights without knowing it if you mediate without consulting an attorney. Whether in mediation or in informal negotiations, attorneys can guide you through the divorce process.
Residency and Where to File
In order to file for divorce in Salt Lake City Utah, the party filing for divorce must be a resident of Utah and the county for at least 3 months. The case must be filed in the District Court in the county where the residency requirement is met.
Procedures
The simplest procedure is an uncontested divorce where you and your spouse reach an agreement about the division of your property, and, if you have any children, what arrangements will be made for them. You begin the divorce procedure by filing a Complaint for Divorce, along with various supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Divorce.
Collaborative Divorce
Utah offers this process where each party hires a lawyer to assist them in trying to reach an agreement on all issues. There may also be a facilitator involved, to help focus the discussion. It is similar to mediation. Both parties must agree to this process, and either may stop it at any time. Any agreement will be signed by the parties and submitted to the court to be incorporated into a judgment or decree.

Grounds for Divorce
Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Utah, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds. To get a no-fault divorce in Salt Lake City, you need to state in the Complaint for Divorce that “there are irreconcilable differences in the marriage,” or the parties have been living separate and apart without cohabitation for 3 years under a judicial decree of separation.” The fault-based grounds for divorce are: impotence, adultery, willful desertion for more than 1 year, willfully neglecting to provide the plaintiff with the common necessities of life, habitual drunkenness, conviction of a felony, cruel treatment to the extent of “bodily injury or great mental distress,” and incurable insanity. However, in most cases, there is no reason to use any of these, since they add complexity to the process by requiring proof.
Property Division
A divorce involves dividing property and debts between you and your spouse. Utah divorce law provides that all property is marital property, regardless of how or when it was acquired. Absent an agreement of the parties, the judge is directed to divide the property “equitably.”

Alimony in Salt Lake City, Utah
Absent an agreement of the parties regarding alimony, the court is directed by Utah alimony law to consider the following factors in determining alimony:
• the financial condition and needs of the party seeking alimony,
• the earning capacity or ability to produce income of the party seeking alimony,
• the ability of the party paying alimony to provide support,
• the length of the marriage,
• whether the party seeking alimony has custody of minor children requiring support,
• whether the party seeking alimony worked in a business owned by the payor,
• whether the party seeking alimony directly contributed to any increase in the payor’s by paying for education, or enabling the payor to attend school during the marriage,
• the parties’ standard of living, and
• the fault of either party.
“Fault” means committing adultery; knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children, knowing and intentionally causing the other party or minor children to reasonably fear life-threatening harm, or substantially undermining the financial stability of the other party or the minor children. If the marriage is of short duration, and there are no children, the court may restore the parties to their condition at the time of marriage. Alimony is limited to a period of time equal to the number of years of marriage, unless the court finds extenuating circumstances. Alimony terminates upon the death or remarriage of the party receiving alimony, or upon evidence that the party receiving alimony is cohabitating with another person.
Child Custody in Salt Lake City, Utah
If you and your spouse have any minor children, there will have to be a custody determination, which basically comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. If you and your spouse can reach an agreement on custody, it will be accepted by the judge unless it is determined not to be in the child’s best interest. If you cannot reach a custody agreement, the judge will decide the issue, after considering all relevant factors, including:
• each party’s past conduct and demonstrated moral standards,
• which party is most likely to act in the best interest of the child, including allowing frequent and continuing contact with the other party,
• the extent of bonding between each party and the child,
• whether a party has intentionally exposed the child to pornography or harmful material,
• whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal and physical custody,
• each party’s ability to give priority to the welfare of the child, and reach shared decisions,
• whether each party is capable of encouraging a relationship between the child and the other party,
• whether both parties participated in raising the child before the divorce,
• the geographical proximity of the parties,
• the preference of the child, if the child is of sufficient age and capacity to reason,
• each party’s maturity and willingness and ability to protect the child from any conflict between the parties,
• the past and present ability of the parties to cooperate and make decisions, and
• any history of, or potential for, child abuse, spouse abuse, or kidnapping.
There is a presumption in favor of joint custody, unless it is shown not to be in the child’s best interest, or there is such physical distance between the parties so as to make joint decision-making impractical. In evaluating whether to award joint custody, the court is to consider.
How Long Does It Take To Get Divorced in Salt Lake City?
Determining Factors
Divorce is a complex process. People need to understand that no two divorces are the same, and even though the same rules and regulations apply to everyone, the length of a divorce process is never the same in two cases.
There are several factors that may determine the full length of your divorce in Utah:
• Have you come to an arrangement with your spouse?
• Are you going to waive minimum waiting period?
• Does your spouse plan to file an appeal?
• Do you have any children?
• Can you obtain a default judgment?
Once everything is taken into consideration, the whole process may last up to a year or even longer. In Utah, there is a 90 days minimum waiting period before a divorce can be complete. But the chances are that one of the parties will extend it by filing an appeal, a petition or doing something else to extend the divorce process.
Consult with Salt Lake City Divorce Attorneys before you file for a divorce. You are going to need all the help you can get. Choose to divorce without legal representation, and lose so much more than just your spouse. Some of the things you can lose are:
• Custody over your children
• Your home
• Your assets
• Everything (in rare cases)
It is mandatory nowadays to have a seasoned and experienced attorney by your side when going through a divorce. Keep that in mind, as it may save you from losing everything.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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What Are The Six Stages Of Divorce?

What Are The Six Stages Of Divorce?

The emotional stages of divorce can be overwhelming, frustrating, and difficult to deal with. Everyone reacts differently to divorce, and having an understanding of these different emotional stages can help you make a sense of all the confusion you are feeling. Developing a positive attitude and staying hopeful for a better life is key factors to making your recovery easier. Some of the emotional stages of divorce that you will experience will be easier to get through, while other stages will be more difficult. It is heartbreaking and difficult for anybody to go through the grief of losing a marriage. Even when the legal process of divorce is finished, many people still find themselves troubled about what actually went wrong in their marriage.

Here are reasons you may find yourself troubled as you go through the emotional stages of divorce:
• There was once a lot of love between divorcing couples, or that love may even still present as they file for a divorce. Letting go of someone you love is never an easy process.
• After spending many years together, it is likely that you held a special, trusting bond with your ex. With a lot shared between you two ever the years, ending it all with divorce is not going to be pleasant. All the physical and emotional intimacy will now be lost, and thinking about that is sure to fill you with negative thoughts.
• There will be changes in your daily routine and lifestyle which will simply be alien to you. When you lived with your spouse, you had a planned life, dreams, and ambitions together. The sudden absence of your spouse will result in drastic changes to your daily routine. Such drastic changes can be overwhelming, difficult, and stressful to deal with.
The Stages of a Divorce
1. Denial: It can be difficult to finally accept that you are in the middle of a divorce. You may think that it was your inability to solve your own marital troubles. This can send you into a whirlwind of emotions and thoughts which prevent you from accepting the truth. You may even believe that there is something you can do to get back with your partner. You find it hard to believe this is happening to you. You refuse to accept that the relationship is over and struggle with trying to find solutions to the marital problems. You spend time believing that if you do or say the right thing your spouse will come home. You hate feeling out of control of the destiny of your marriage. You are convinced that divorce is not the solution to the marital problems. Denial is a powerful coping tool some use to keep from facing the reality of their situation.

2. Shock: You may act in a way that is simply not normal. The sheer shock of the divorce will create different emotions inside your head which can make you panic. This shock becomes more pronounced when you realize how much time you invested in your marriage and family. You feel panic, rage, and numbness. You may feel like you are going crazy. You swing between despair that your marriage is over and hope that it will be restored. It seems impossible to cope with these feelings. Fear is common when considering a life alone; you may wonder how you are going to survive after your divorce. Many feelings and questions seem impossible to shake, but the most important thing is to remember that they are temporary.
3. Contrasting Emotions: It will be difficult to keep your emotions under control. From feeling hope to feeling simply nothing but despair, you will try your best to make sense of all that has happened leading up to this point. You may also find that all you think about is the failure of your marriage. Depression is a danger at this stage and you may cry at the drop of a hat. You can’t seem to settle your feelings and thoughts. You swing from being hopeful to feeling utter despair. During this stage, you try to break down what has happened in order to understand your pain and make it go away. This can lead to many destructive thoughts, from how things could have gone differently to placing the blame entirely on yourself.
4. Bargaining: You are still hopeful that your marriage will work out. You are willing to do anything to change yourself and just make things work. You may resort to drastic measures just to get your ex to change his or her mind. What you will need to realize at this point, though, is that you cannot control the feelings of other people. Bargaining only delays the harsh reality of divorce.
You still hold onto the hope that your marriage will be restored. There is a willingness to change anything about yourself and if you could just get it right, your spouse would return. The important thing to learn during this stage is that you can’t control the thoughts, desires or actions of another human being. The left behind spouse the one who didn’t want a divorce is likely to linger in this stage longer than the spouse who chose to divorce.

5. Letting go: When you realize that nothing you say or do will bring your marriage back, you stop blaming your ex-spouse and start to understand your faults and what contributed to the end of your marriage. You may also feel a sense of freedom and a better outlook about what the future holds for you. You can finally let go and move on. During this stage, you realize that the marriage is over, and that there is nothing you can do or say to change that. You become more willing to forgive the faults of your ex-spouse and take responsibility for your part in the breakdown of the marriage. You begin to feel a sense of liberation and hope for the future.
6. Acceptance: The negative emotions finally stop. You feel that you are finally fit to lead a life that is filled with happiness and satisfaction. This stage will accompany a time period of growth. You will finally understand that there is life after divorce, and that there are more positive things to look forward to in your life. The obsessive thoughts have stopped, the need to heal your marriage is behind you, and you begin to feel as if you can have a fulfilling life. You make plans and follow through with them. You open up to the idea of finding new interests. You no longer dwell on the past, but are emotionally prepared for the future. This is a period of growth where you discover that you have strengths and talents to build on and you are able to go forward in spite of your fear. Your pain gives way to hope and you discover that there is life after divorce.
Why Do People Grieve After a Divorce?
Why grieve the loss of your marriage? There are three reasons you may enter the grieving process during and after your divorce.
• You’re still in love or can’t let go. Loving someone means you were attached to that person being part of your daily life. Losing a spouse via divorce is equal to losing a spouse to death.
• You relied on your spouse. Your spouse, for years, was someone you could count on. You both gave and received many things from each other and your relationship. Due to divorce, you are losing both the physical and emotional aspects of the relationship you had with your spouse and came to depend on. Sexual intimacy will come to an end as will their emotional support.
• Lifestyle changes. You shared a home and family together. You had plans together and dreams of the future. Whether the relationship was stable or not, divorce means giving up the lifestyle you had (or hoped for) with your spouse and adjusting to dramatic changes in your life.
Pros of Divorce
While divorce isn’t a cure-all for every one of a marriage’s shortcomings, it does have its advantages. Here are four positive outcomes of divorce to consider.

An End To Physical and Psychological Abuse
If you’re married to a violent individual, then divorce via family court is your absolute out: No one should endure domestic abuse physical or otherwise. Even if your S.O. isn’t hitting you, they may be abusing you nonetheless. If they’re also incessantly screaming and yelling at you, name-calling and ridiculing, threatening you, and/or is overly controlling, then you need to end such maltreatment immediately and divorce is, therefore, your best option.
Freedom to Live Your Best Life
You only have but one life to live, and priorities change. The things that we once were okay with sacrificing for the good of the marriage, say, a lucrative job with extra-long hours away from home or even the general freedom to come and go as we please, can become our deal breakers. Thus, compromises we’ve made can seem more like bleak prison sentences than loving commitments to one another. Getting divorced may positively affect your life if you’re completely miserable in the marriage and your spouse is no longer willing to meet you halfway.

New Relationship Opportunities
Many people fall in and out of love at different points in their marriages and some relationships aren’t able to go the distance. If one or both of you realize you’re no longer in love maybe you’ve worked on it and failed to get the spark back, for example, or you simply aren’t willing to resolve your differences an amicable divorce is a viable option that will allow you to rebuild a healthy, rewarding life with someone new. Infidelity, too, is a good reason to divorce (albeit disagreeably) and splitting up will help open a new door to a relationship with someone you can trust.
Happier Kids
Divorce can actually be a breath of fresh air for your children if you’re constantly ducking it out with your S.O. Whether your kids are often caught in the middle or merely present during your fiery disagreements makes no difference: If they’re constantly exposed to your fighting regardless of how old they are your home is no longer a happy place that feels safe.

Cons of Divorce
Divorce isn’t a panacea for everything that’s wrong in your life. It definitely won’t solve all of your problems and it could even create more issues.
Unhappier Kids
Make no mistake: Divorce is as hard, if not harder, on children as it is on their parents and it can cause severe negative impact. You and your spouse can lessen the burden on your children by making their needs your number-one priority both during and after your divorce. Although a divorce that’s devoid of outward animosity isn’t always easy to promise, acting civilly during the process will help them navigate the changes your familial unit will undergo.
Financial Drain
Divorce is costly. Both parties will incur attorney and legal fees and they only add up when children are involved. The primary parent will often be entitled to child support and in some cases, spousal support, and even the most robust household income will, in essence, be halved. Possessions, earnings, real estate holdings, and sometimes even debt, get divided between divorcing couples, which can take quite a significant financial toll.
Adverse Emotional Ramifications
Even if a divorce is somewhat civil, you aren’t immune to negative, even devastating, feelings that may follow. It’s also impossible to know beforehand when, and how hard, they’ll hit you. And regardless of the problems you two had, you’ll still harbor psychological attachments that can be difficult to shake. Loneliness, sadness, self-blame, and worry, albeit normal, can be notoriously tough to bear, too.
Process Involved in Getting a Divorce
Filing of Forms
The form that officially begins the process is the divorce or petition. This legal document sets out the reason why one of the parties is pursuing a divorce and also establishes that one or both of the parties meets the requisite residency requirement. A summons may also be required. The actual court where the case has been filed may require that specific forms be filed with the court.

Financial Disclosures
Either at the same time as filing the other forms with the court or within a timeframe provided by the court, the complaining party may be required to complete certain documents pertaining to their financial information and file them with the court. These forms often disclose information about the spouses’ assets, debts, income and tax returns. The other spouse may also be required to complete such disclosures. The spouses must complete this step within a certain timeframe designated by the court, such as 60 days.
Discovery
If both spouses have attorneys, the attorneys may engage in discovery. This is the process of gathering information about the other side in contemplation of litigation. In a divorce case, discovery may consist of asking the other party questions about the assets that they have their parenting and other issues related to the divorce. They may also ask for the production of certain evidence that they are legally required to obtain, such as financial documents, medical records or school records.
Mediation
Mediation does not necessarily occur in every case. However, some states require that the spouses first go through the process of mediation before they will hear the case in court. Mediation provides a way for the spouses to attempt to reach an agreement without court intervention with a neutral facilitator’s help.
Settlement
At this stage, the spouses may reach an agreement regarding material terms of the divorce. These issues may include decisions about child custody, visitation, child support and spousal support. They may also create an agreement pertaining to the distribution of their assets. If there is such an agreement, the spouses will present this agreement to a proposed judgment in the case.
Default Judgment
In the event that the defendant did not provide an answer as required, the other party may have to wait a requisite period of time. Then, the complaining party may ask for a default judgment for all of the relief that he or she requested in the divorce complaint.

Contested Cases
If the other party has provided an answer but the spouses are not able to reach an outside agreement, the case proceeds to trial. A court date will be set on the docket. You may have additional forms that you need to complete before your case is heard, such as requesting the judge to make orders concerning property or custody. A judge is usually the tier of fact. He or she may be responsible for establishing that the spouses have met the grounds for divorce, which parent should be awarded custody, the amount of child support, the amount of spousal support (if any) and how the property should be divided. If the spouses agree on certain issues, the judge may include this agreement in the order and decide the rest of the case.
Temporary Hearings
Some states recognize that divorces can take a long time and individuals need some clarity while they wait. As such, they may have temporary hearings to establish such issues as who should have use of the marital home, with whom the children should reside, how much child support should be ordered, whether orders should be made to restrict certain financial transactions and whether one spouse should be required to pay for the other spouse’s legal fees.
Separate Trial
Some jurisdictions also allow for a faster process to dissolve the actual marriage while not fully deciding other issues involved in the marriage, such as financial considerations. In these types of cases, the court decides whether or not to end the marriage while other issues are still pending.
Final Judgment
Once the judge makes a final decision regarding the divorce, the court clerk will mail it to each spouse with a file stamp on it.

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It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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