Kaysville Utah Divorce Attorney
Kaysville is located between the foothills of the Wasatch Mountains and the shore of the Great Salt Lake. The first city in Davis County to incorporate and the sixth incorporated city in Utah, Kaysville is 16.6 miles from Ogden and about the same distance from Salt Lake City. Its elevation is 4,294 feet. In 1847 Hector C. Haight built a herdsman cabin northwest of where the Lagoon resort stands today. He is credited with being the first settler in Farmington and Kaysville area. The second settler was Samuel Oliver Holmes, who settled northwest of the Haight cabin. In the fall of 1849 Edward Phillips and John Hyrum Green tried to travel between Salt Lake and Brown’s Fort (Ogden). They were turned back by heavy snows and wind; but they returned in the spring, with their families and the William Kay family to settle permanently in the west Kaysville/Layton area. By 1851 there were more than 300 settlers in the area. The Kays LDS Ward was established in September 1851 with Kay as bishop and Phillips and Green as his counselors. The boundaries of the ward went from Farmington on the south to the Weber County line on the north. Few people lived outside of the immediate area around the city center of present-day Kaysville. The incorporation of Kaysville on 15 March 1868 helped solidify the small-business climate. General merchandise stores lined Main Street from the mid-1860s until the Great Depression. One was ZCMI, an LDS cooperative store. The names of other local merchants included Williams, Sheffield, Burton, Stewart, Barton, and Bowman.
The Bowman family still operates a grocery store in Kaysville. Barnes Banking Company, another business that is still functioning, was founded by John R. Barnes in 1891. He also was instrumental in founding the Deseret Milling Company (which is still in operation), Inland Printing, and the Kaysville Canning Company. Kaysville was a typical farming community. Besides hay, grains, and cattle, farmers raised truck vegetables and fruits for the Salt Lake and Ogden markets and for local canneries. Sugar beets were also an important crop. Davis County Central High, located on the north/south center point of Davis County, opened in the fall of 1914. In 1978 the Davis Area Technical College opened on a large campus just east of Davis High School. While Kaysville was becoming an established community, a smaller city, Fruit Heights, was developing to the east. Known for its cherry orchards, Fruit Heights incorporated in 1939 to enable the people living in the unincorporated parts of the county to bond for a water system. Today Fruit Heights has a population of more than 4,300 people. The 14,000 current residents of Kaysville are generally well-educated, and a large percentage of them work in professional jobs. The city-owned business park is beginning to attract light manufacturing industries, thereby expanding the economic base. Kaysville is the only city in Davis County to operate an independent library system, and is one of only a few cities in Utah to own a municipal power system.
If you are married or in a common-law relationship, certain laws apply when you separate and no longer live together as a couple. Under these laws, your legal rights and responsibilities may continue after the relationship is over. Most laws Kaysville concern rights and obligations between spouses and their children. A spouse is someone who:
• is married to another person; or
• has lived in a marriage-like relationship with another person for two years; or
• has lived in a marriage-like relationship with another person for less than two years, but who has a natural or adopted child with that person.
A marriage-like relationship between two people who are not married is called a common-law relationship. A common-law relationship begins as soon as you are living together, but you have very few rights and obligations to each other until you are considered spouses. If you have a spouse and have been living in a common-law relationship, then no legal steps are required to end the relationship; however you still have obligations to your spouse and children which must be resolved as part of a separation agreement or court order. A marriage does not end when you separate. Although you and your spouse may no longer live together, you are legally married until you are divorced. When separating, you must reach a separation agreement regardless of whether you are married or in a common law relationship.
When separating you and your spouse need to make decisions in order to reach a separation agreement. Your separation agreement will then form the basis for a divorce judgment if you are married. A separation agreement must be in writing, signed and witnessed. Your separation agreement covers your decisions on issues such as:
• where your children live and how they will be raised;
• how your property and financial assets will be divided; and
• how much financial support is required by your spouse and children.
If you and your spouse can agree on terms, your separation agreement will reflect your situation and you will have made the decisions. The decisions you and your spouse make should be written out in a separation agreement and signed.
The Department of Justice offers a mediation program where you and your spouse can meet with a neutral mediator to help you reach an agreement. The mediator doesn’t take sides or make decisions for you – instead they will assist you with reaching and preparing a written agreement.
Divorce Negotiation By Lawyers
Sometimes you can reach an agreement with your spouse with the help of a lawyer who negotiates on your behalf. Your lawyer will meet with you to find out what kind of custody, access, property and support you want. He or she will then negotiate with your spouse or their lawyer and advise you as the negotiations proceed. Negotiation can also take a more collaborative approach where you, your spouse and the lawyers meet to negotiate a solution.
If you cannot reach an agreement with your spouse by other methods, you can have a judge make some or all of the decisions for you by going to court. Going to court is expensive, but is often your only option. You have no say in the decisions made by the judge, but you can still decide to resolve issues by agreement after starting the court process. No matter what method you use to reach an agreement with your spouse, you should always have a written agreement to record the terms of the agreement. The agreement should be reviewed by a lawyer before you sign it. If you go to court, the judge may make decisions for the short term called interim orders providing temporary answers to questions of financial support and who will care for your children while you are negotiating a separation agreement. Some of the biggest questions in a separation are about children. Your separation agreement should include custody and access arrangements setting out where your children will live and who is allowed to see them; as well as the amount of child support provided by both spouses. If you and your spouse can agree on these issues, you will have an arrangement which works for you and your children. If you go to court over issues of custody and access, the judge will decide based on what they think is in the best interest of the child.
Applying For A Divorce
Divorce is the process of dissolving a legal marriage. Divorce proceedings are governed by the Kaysville Utah Divorce Rules. To apply for a divorce you or your spouse must have lived in the Kaysville for one year. You must also show that grounds for divorce exist that your marriage has broken down and that:
• you have been separated for one year; or
• your spouse has committed adultery; or
• your spouse has treated you cruelly.
A simple, uncontested divorce proceeds as follows:
• A petition for divorce is filed at a court registry, and served to the other spouse (the respondent).
• The respondent has 25 days to file an answer or counter-petition if served within the Northwest Territories, or 30 days without.
• If no counter-petition is filed, the person seeking divorce provides the court with an affidavit outlining the facts and circumstances of the marriage, separation, the children of the marriage, and other facts.
• A judge examines the documents and will grant a divorce judgment if satisfied that ground for divorce exist and appropriate arrangements have been made for your children.
• The divorce judgement is sent to the respondent, who has 30 days to appeal the judgment. If no appeal is filed, the judgment becomes final on the 31st day, and you can request a certificate of divorce from a court
Division Of Property
The process of dividing up the items you and your spouse own together is called division of property. This includes your house, car, savings, bank accounts, pensions, and other valuable possessions. Usually all the property you and your spouse got during the relationship is divided equally, but some things can’t be divided – like a car or house. Instead, the total value of the property is added up and divided in half. If one of you wants to keep more than half of the property, he or she may have to pay money to the other spouse. Sometimes one spouse will have to pay spousal support to the other. This amount is separate from child support and money exchanged during division of property; and reflects how you supported each other during the relationship, how long you were together, and whether or not you are each capable of supporting yourselves after the relationship ends. You can agree on the amount of support due during separation, or let a judge decide. It is not required that you hire a lawyer to get a divorce. If you and your spouse communicate well and are not disagreeing on major topics, you can get a divorce without a lawyer. If you do not have children and minimal assets, it is even easier. You can complete a divorce worksheet together to decide on how assets and debts will be divided. You may also benefit from working with a mediator, which are much more affordable than lawyers. If you and your spouse are disagreeing on major topics such as child custody and division of large assets, you may benefit from hiring a lawyer. A lawyer can also help you discover assets and debts you may not have been aware of, which can be greatly beneficial if spouses have large variances in income and assets.
How much does it cost to get a divorce In Kaysville, Utah
Divorces can be financially and emotionally costly; however, some are actually quite low-cost. State filing fees vary, but a simple divorce may only cost you and your soon-to-be former spouse a few hundred dollars.
Additional divorce costs may include:
• Filing fees: $400+
• Mediator: $100-$300 per hour
• Child custody evaluation: ,000+
• Lawyer (flat-fee, uncontested): $3,000 to $65,000
• Legal fees (contested, 5+ per hour): ,000+
Many factors that contribute to how long it may take for a divorce to finalize. Even if you and your spouse agree on everything, you still may be subject to mandatory “cooling off” or waiting periods and the time it takes the court to process your case. Sometimes the waiting period can be as long as six months.
The time for a divorce to be finalized may be affected by:
• Your state laws
• Contention over the terms of the divorce
• The time it takes to discover all assets and debt
• The time it may take to assess property values
• How long it takes to create an agreeable parenting plan, if applicable
• The court schedule
• A spouse filing a fault-based divorce
• Inability to locate one of the spouses
• Not satisfying the states residency requirements
How is spousal support calculated?
State laws dictate how much spousal support may have to be paid, if at all. A spouse can also refuse spousal support which should be in writing before final divorce papers are filed. If it is decided that spousal support should be paid, the judge may calculate the amount due based on a variety of factors including,
• Wages of each spouse
• Emotional and physical health of each spouse
• Standard of living during the marriage
• Length of the marriage
• Earning capacity of each spouse
The payments may be required for a set amount of time, until the courts declare an end date, or until the receiving spouse remarries. Often the time is based on how long it may take the lower earning-spouse to be able to earn a living wage.
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!
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506