Murray Utah Divorce Attorney
Murray City, originally known as South Cottonwood, lies eight miles south of Salt Lake City between Big and Little Cottonwood Creeks. It is named for Eli Murray, territorial governor from 1880 to 1886. Although first settled in 1849, Murray was not incorporated until 1902. Its central valley location and plentiful water have allowed Murray to evolve from an agricultural to industrial to suburban community. Murray was settled as part of the initial expansion south of Salt Lake City. Early residents in the area divided the grasslands south of Salt Lake into homesteads or parcels where they raised cattle and cereal grains. Most of the cattle provided dairy products, while wheat, corn, and some rye were grown to feed the family and animals. Construction of the Woodhill Brothers’ smelter in 1869 initiated Murray’s industrial history. Murray produced the first silver bars smelted in Utah in 1870. The smelters continued to dominate the local economy until the close of the ASARCO lead smelter in 1950. Business and commercial enterprise prospered along with the smelter industry. Murray was praised as a shining example of cooperation between business, industry, and government early in the twentieth century; it was hailed for its own water plant, lighting system, smelter, canning factory, flour mills, and brickyards. Murray’s industry was hard hit by the 1930s depression. The smelters began to close in 1931, and major industry had all but vanished by 1940. Murray was quick to take advantage of various federal projects to compensate for this economic loss. The city actively sought federal money to refurbish its twenty-two-acre park and buildings and to purchase an additional twelve acres of fairgrounds. By 1939 Murray was the site of the annual Salt Lake County Fair. Even though the smelters, brickyards, and flour mills that fueled Murray’s industrial economy either closed or moved between 1930 and 1950, its central location makes Murray an ideal bedroom community and area of small businesses and service industries. The present population (31,282 in 1990) is employed in office, service, and industrial jobs throughout Salt Lake Valley. From 1950 to the present, Murray’s population has continued to expand and prosper.
Should I Consider Filing for Divorce First In Murray, Utah
It doesn’t look like your marriage is going to work. You brought up an uncontested divorce. She didn’t respond, or you couldn’t agree on the terms of the divorce. What should you do next? You have a feeling, or worry, it’s going to be a divorce war. Should you filed the divorce first? Divorce can feel like a battle, which causes people to think strategically. You are not going to be like you brother, or your co-worker who got taken to the cleaners. If she wants an ugly divorce you are going to be the first to hire a divorce lawyer and to file. Okay, you may need a strategy. But, let’s slow down for a moment and discuss if filing the divorce first is a good strategy for you. Typically, filing for divorce first does not typically provide a huge advantage. Here are our thoughts on some of the advantages, and disadvantages of filing your divorce before your spouse.
Benefits of Filing for Divorce First
1. Control: In being first, you will slightly control the case more. It’s like holding the serve in tennis. You control when to send the ball over the net. If you file first, you control when the divorce gets filed. You can decide to cancel the divorce, as long as she hasn’t filed a response. You have until your spouse files an answer to your complaint to cancel the divorce. By filing first you are the plaintiff and she will be the defendant. At trial, if your divorce case goes that far, you would go first. In deciding when to file you don’t need to worry about a reason. States use to require you to have a reason to file. This is no longer the case. All you need to show the court is you both have “irreconcilable differences.”
2. Timing: By filing first you get to choose the timing of the divorce. You force your spouse to hit the proverbial tennis ball back. Filing papers while your spouse is away on vacation, although considered aggressive, is a strategic move. Please keep in mind what we said in the beginning about unethical moves and that they can work against you.) By law, your spouse has 20 days to contact a divorce lawyer and prepare a response to your filed papers. If they fail to file the response, you may get a default divorce. It’s a small victory though. Default divorces are easily dismissed and the 20-day deadline reset. The bigger victory is you forced your spouse into reacting without being able to fully prepare. You don’t have a deadline because you filed first.
3. Surprise, I’m Divorcing You: Not everyone sees the divorce coming. Surprise can be unsettling and may give you an advantage. You have had time to plan, hire a divorce attorney, open new bank accounts, apply for new credit cards, plan where you would live, plot out custody schedules, etc. You have a head start. Plus you are mentally prepared. When divorce papers are filed, the court orders a Joint Preliminary Injunction (JPI). A JPI prevents either spouse from selling or encumbering assets. Basically a JPI prevents either party from making any unusual financial moves without the court’s permission. You, with your planning, already made your moves.
4. Choosing Your Battleground: If you and your future ex live in different states, then you get to choose the state where the divorce will take place. States have different laws applying to alimony, division of marital assets and debts. One state may offer more favorable spousal support numbers, or business valuation laws. A quick call to a divorce attorney can give you the information you need before choosing. There are a few sticking points to this strategy. If your spouse hasn’t lived in a state long enough, then the court may not allow the case to be filed there. If the children don’t live in that state, or haven’t lived there long enough (typically 6 months), the court will not allow the case to be filed there.
5. Preparing: Filing first gives you the opportunity to prepare. So you have longer to get everything together than the 20 days you have to reply if your spouse files first. It’s important to use this time to get copies of all financial records, account numbers, and gather evidence if you think you’re in for a custody battle. This is also a time to ensure you are financially prepared for the divorce. If you don’t have a job or a credit card, we strongly recommend you start on both before moving forward.
6. Prevent Your Spouse From Hiding Assets: Like we talked about in the preparation stage, it is important to double check that your spouse isn’t hiding any assets. Sometimes they transfer property to friends or relatives. Other times they might move money into an unknown account. Make sure you have all the information relating to assets and finances in order to make sure all community property is split equally when the time comes.
7. The Last Word: When filing first you are the plaintiff and get to speak first. Your spouse is the defendant and has a chance to respond. The plaintiff gets to reply to the defendant’s response. The defendant only gets one chance to make their arguments. The plaintiff receives two, the first and the reply. So, in a way you get in the last word before a judge makes a final decision. This can be good and bad. It depends on those last words. Were they important as well as on point or just filler?
8. You Might Just Feel a Little Better: There is a whirring loss of control when a divorce turns your life inside out. Or maybe you haven’t felt in control of your life in years. Taking control of the situation can give you that small confidence boost you need to get yourself back. Filing for divorce first means you are taking charge of your life and your future.
Disadvantages of Filing for Divorce First
Statistically, there are no major advantages either way. But here are a couple disadvantages we have come across.
• You Show Your Hand: As the filing spouse, you file the first document. This is called a Complaint for Divorce. You must state exactly what you want in the divorce papers. Now, your spouse has a list of all your demands. Divorce is a negotiation, so you will typically ask for more than you want. But, by asking for too much more may cause your spouse to over react. This can cause your spouse to dig in and refuse to negotiate. When filing first, don’t be over aggressive.
• You Pay More: Because you filed first you must serve your spouse with the Complaint for the divorce. To properly serve your spouse you will need a process server. Process servers cost around a hundred dollars. Your spouse doesn’t need to serve her response to your Complaint. She only needs to mail it back.
While leaving a spouse is never an easy decision, there are a few things to note before you start filing the paperwork, especially if your partner is sick or there are children in the picture, as both of these factors play a large role in the two major types of marital abandonment. It also may be helpful to understand these two different types of abandonment if you think your spouse may leave you, whether you are sick or have kids. It’s important to figure out whether your state is a at-fault or no-fault divorce state. In an at-fault divorce state, if you’re claiming abandonment, you’ll have to prove certain things to the court. Arm yourself with information and find out exactly what marital abandonment really is, and how it can affect your divorce.
One major type of marital abandonment is criminal abandonment. This occurs when one person stops providing for the care, protection, or support for their spouse who has health problems or children who are minors without “just cause.” For example, if your spouse suffers from cancer and you no longer feel capable of being their caretaker, the court will not recognize your desire to leave someone who is dependent upon you as grounds for a divorce. However, that doesn’t mean you won’t be able to get a divorce. You can still be granted one in a no-fault state because laws are in place to make sure anyone who wants a divorce is able to get a one. There is a catch, however. While you are free to walk away from a sick spouse, the courts will see your partner as financially dependent upon you. Because of this, you’ll still be financially responsible for helping maintain their medical care. Additionally, according to the law, if you have children, you have a legal and financial responsibility to care for and provide for them, even if you leave your spouse. By the same token, if your spouse leaves you and you have children together, they are still responsible for financially supporting your kids.
Murray Constructive Abandonment
This type of abandonment occurs if you are able to prove in a court that your spouse makes life unbearable and that your only option was to leave the marriage. In other words, you would need to have “just cause” to leave the marriage for reasons like domestic abuse, infidelity, withholding sex, or refusing financial support. Although filing for divorce is generally easy (in most cases), proving marital abandonment in court can be a challenge. However, since you can get a divorce with or without your spouse’s permission in no-fault states, filing on the grounds of abandonment doesn’t hold much legal water these days. In other words, the courts can’t force you or your spouse to stay in a marriage. The one who abandons the marriage will not be forced to return, but they will be held financially responsible for things such as child support, spousal support, and property division via a divorce court order.
The Pros And Cons Of A Litigated Divorce In Murray Utah
While most divorcing couples choose a collaborative divorce path (i.e. mediation), there are still situations in which litigation is either necessary or more appropriate. In fact, some divorcing parties may fare better during a litigated divorce. For others, it may be the only way to ensure a fair ruling.
Potential Disadvantages of a Litigated Divorce
Since the risks of a litigated divorce can sometimes outweigh any potential benefits of litigation, divorcing parties are highly encouraged to consider the disadvantages before examining any possible benefits of this divorce path. In particular, parties should know that:
• Litigated divorces are usually more costly. Not only do you have to cover the court costs, but your legal fees will probably increase as well. The more contentious the proceedings become, the more your divorce is likely to cost. If money is a factor in your case (either because you have a high net worth and at are a risk for extreme financial loss or are simply concerned about your financial future), you may want to consider a collaborative divorce over litigation;
• Litigation is an inherently adverse path to divorce. It puts you and your spouse at opposing sides, so arguments and contention are far more likely to occur, and as mentioned previously, this is likely to cost you more money;
• There is always the risk that you will not agree with the ruling. While judges try to be fair and follow the law, they do not have the time or ability to fully understand your situation; and
• Litigated divorces are less customized, which can be especially problematic if there are children or pets involved. In contrast, collaborative divorce can offer parents and pet owners more options when it comes to custody and visitation.
Potential Advantages of a Litigated Divorce
Although there are many potential disadvantages to a litigated divorce, there are also some distinct advantages that parties should know, such as:
• Not having to compromise or communicate with your ex during the divorce process, which can be highly beneficial for parties in a highly contentious divorce, as well as those in a marriage where financial or domestic abuse was an issue;
• Judges rule according to the law, which can sometimes work to your benefit. For example, if you have a spouse that is refusing to compromise and making unreasonable demands, a litigated divorce can help to ensure you are not left disadvantaged or with an unfair ruling (the same can be said for the best interests of children);
• Children may receive more protection in a litigated divorce. In situations involving child abuse or neglect, this added protection could be critical for the child’s future well-being;
• Judges have subpoena power, and that can be used to your benefit if financial data is being withheld from you.
Murray UT Divorce Lawyer
When you need legal help with a Divorce in Murray Utah, please call Ascent Law LLC 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