Complex Divorce Issues

The law requires both spouses to provide the other with all information related to their property, income, assets and debts. This is called Full Disclosure. Failing to fully disclose all relevant information or concealing information can have serious consequences. It’s important to be precise in listing assets and debts.

HEALTH INSURANCE: Unless it is agreed upon and included in a marital settlement agreement, one spouse covered by health insurance is not required to pay health insurance premiums for the other spouse after divorce. However, the spouse without coverage has the right to continue the insurance coverage at his or her own expense for up to 3 years at the same or similar rates. To take advantage of this right, the non-covered spouse must notify the other spouse’s insurance plan administrator within 90 days of the final judgment.

FILING COST: Mandatory court filing fees for divorces average $100. If a response is filed, an average of $100 will also be required.

ALIENS and NON-U.S. CITIZENS: Resident aliens who divorce less than two years after marriage may lose resident status. In addition, any children may be deported. Consult an attorney for more details.

CONFIDENTIAL COUNSELING: Some counties have a Conciliation Court. These courts are designed to provide free or inexpensive counseling for couples who want it. Your first visit is usually free, but counseling is never mandatory.

COMPLEX ISSUES: If your divorce involves complex issues, you should seek an attorney or other professional to assist you. Examples of complex issues include the following – Assets and Debts – One spouse transferring assets to themselves without permission. An unequal division of assets. Assets being sold without permission. The possibility of hidden assets. Valuing stock options and pension plans which require a certain length of employment. Excessive debt or considering bankruptcy perhaps. Spouses that are in immediate threat of harm to you or your children. One spouse does not agree that a child is theirs. You and your spouse cannot agree to divide property or decide on the best interest for your children, even after numerous attempts. Active military service. Failure to agree on a date of separation. One spouse putting the other through school or training.

Custody of Minor Children in a Divorce

Both parents must decide on the custody of minor children under the age of 18. Divorce courts are concerned about the well-being of any children born naturally or adopted by the parents.

There are four basic types of child custody recognized under state laws.
Sole Physical Custody: Sole physical custody means the children shall reside with and under the supervision of one parent. The court must approve the parent’s plan for the other parent’s visitation rights.

Joint Physical Custody: Joint physical custody means each of the parents will have significant periods of physical custody. In other words, both parents will have more or less continuing contact with the children.

Sole Legal Custody: Sole legal custody means one parent shall have the right and responsibility to make decisions about the health, education and welfare of the children. The other parent retains visitation rights. Although the courts favor joint legal custody, sole legal custody is the most common custody arrangement.

Joint Legal Custody: Joint legal custody means both parents share the right and the responsibility to make decisions about the health, education and welfare of the children. The law presumes that joint legal custody is in the best interest of minor children when the parents can make it work and submit a workable “parenting plan.” However, joint legal custody is not always easy. It requires both parents to cooperate and lay aside all differences.

Visitation Rights in a Divorce

In recent years, lawmakers have realized visitation rights do not translate easily into laws. The law does state that any person having an interest in the children’s welfare is entitled to reasonable visitation. What is reasonable in one circumstance is not necessarily reasonable in another. That’s why parents are left to define reasonable visitation standards for grandparents and others.

Free Consultation with Divorce Lawyer

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.