Park City Utah Divorce Attorney
The Park City Mining District comprises a tract that lies between the steep wall and ledges that mark the crest of the mountain range on the west and the mountain meadows of Heber, Kamas, and Parleys Canyon along the eastern foothills. Some thirty miles southeast of Salt Lake City, Park City is situated on an intermediate belt that sits upon a spur which extends from Dayton Peak, in the main range to the east, and which forms the head of East Canyon, divides the Weber from the Provo river, and is the link between the Wasatch Range and the Uinta uplift. It is located in Summit County. On 23 December 1869 the Young American lode became the first recorded claim of the district. However, it was the discovery of the rich Ontario mine that initiated efforts to mine lode ores and acted as the catalyst for Park City’s rapid growth and reputation as a great silver mining camp. In 1872, shortly after its discovery, the mine was sold for $27,000 to George Hearst of San Francisco, and was run by R.C. Chambers until 1901. It reportedly produced some $50,000,000 of ore. The Pinon, Walker and Webster, Flagstaff, McHenry, Buckeye, and other area mines also shipped small amounts of ore. By 1879 the Ontario mine was flourishing, with houses springing up near the mine and lower down the canyon–the site of Park City. As a camp began to form, primarily with wooden structures erected to service the growing population, a fire destroyed several of its principal buildings in December 1882.
In 1884 Park City incorporated as a city. In August 1885 another fire claimed another building. Mining operations continued to develop in the late 1880s and early 1890s. In 1885 John J. Daly formed the Daily Mining Company, and later the Daly West. The Daly-Judge (John Judge) Mining Company was formed in 1901, and consolidated its holdings in 1902. In 1892 David Keith, W.V. Rice, Thomas Kearns, A.B. Emery, and John Judge acquired a lease on the Mayflower claim; while working the interior they found that it extended into Silver King property. The Silver King Mining Company soon was incorporated for $3,000,000 and the well-managed property quickly attained high ranking among bonanza silver and lead mines. Park City boomed, and personalities such as the Silver Queen (Susanah Bradford Emery Holmes) added to the city’s style and lore. The Panic of 1893 slowed economic growth, but Park City’s expansion was decisively halted by a devastating fire. On 19 June 1898 fire raged through the Park City commercial district. The blaze was the greatest in Utah history. Main Street lay in ruins, with only a few gaunt walls remaining. Losses were estimated at over $1,000,000, and some 200 business houses and dwellings perished. With community support, however, the town rebuilt, replacing stone and brick structures with wood buildings, which were later improved again to brick and stone. Commercial activity flourished in Park City. Utah business directories reveal that in 1892-93, 112 businesses (including physicians and lawyers, but not mining companies) were listed; while in 1903-04 approximately 136 concerns operated in the town. By 1918-19 the number had declined to 87; and in 1920-21 only 75 such entries were listed. As elsewhere, the Great Depression of the 1930s halted development. Political activity and public life in the city were embodied in City Hall, quickly rebuilt after the 1898 fire.
During the Great Depression of the 1930s, the WPA erected the War Memorial Building that served the recreational needs of the community. Social halls, saloons, and theaters all marked life in Park City. The Odd Fellows, Elks, and Masons contributed to the town’s social life. Mining activity slowed greatly because of various depressions. By the 1950s Park City was almost dead; but due to the increase in winter recreational activity (especially skiing), the town experienced a rebirth in the 1960s and thrives as a key resort town in northern Utah and the West. The Deer Valley area was added to Park City’s development in the 1980s, and has added to its reputation as an excellent winter skiing area, as has also Park West resort. In 1976 Park City’s local government passed a Land Management Code, delineating historic districts and instituting preservation ordinances. In 1978 the Park City Main Street Historic District was listed in the National Register of Historic Places. Other listings followed as the historic character of Park City was viewed as a key element in the town’s colorful past and part of its attraction for the future.
Utah Divorce: Dividing Property In Park City, Utah
When a couple divorces in Park City, they must divide their marital property equitably. If they’re not able to negotiate a settlement, they’ll have to ask the court to divide the marital property. The rule about equitable division doesn’t mean the division must be equal. Instead, the court has wide latitude to decide on a fair division based on each spouse’s contribution to the marital property and on each person’s projected future needs.
Marital Property and Separate Property
In a divorce, the distribution of property depends on which property belongs to the marriage marital property and which property belongs to each of the two spouses separate property. Generally, marital property is property acquired or earned during the marriage, including earned income. Property used for the benefit of the marriage, even if it started out as separate property, may also be considered marital property. Separate property includes anything that belonged to one spouse before marriage and was kept separate throughout the marriage. It could also include property given only to one spouse during the marriage, like a gift made to the husband alone or an inheritance that the wife received from a member of her family. The most common types of property divided at divorce are real property like the family home, personal property like jewelry and clothing, and intangible financial assets like income, dividends, and benefits. All of the marital property must be divided between the spouses when the marriage ends, and marital debts must also be divided. The spouse who owns separate property gets to keep that property it can’t be awarded to the other spouse.
Equitable Division of Property
Rather than rely on a hard and fast set of rules when splitting property between spouses, judges in Utah have discretion to consider a variety of factors unique to each marriage. Despite the court’s relative freedom to decide what is fair, it should always consider the length of the marriage and how the spouses acquired the marital property. It should also look at the conditions each spouse will face 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 taking these factors, and others, into account.
Alimony Determined as Part of Equitable Division
In Park city, courts consider alimony as part of the equitable division of marital property. Alimony is a payment from one spouse to the other to help the recipient spouse maintain a lifestyle as close as possible to the standard of living the parties enjoyed during the marriage and specifically, at the time they separated. If it is more equitable, the court might base alimony on the standard of living at the time of trial. The court also has the option to base alimony on the standard of living at the time of marriage if the marriage was short and there are no children. To determine the amount of alimony due, the court may consider either spouse’s fault in the deterioration of the marriage. The court also evaluates the recipient spouse’s financial resources, earning capacity, and whether that spouse worked in a business owned or operated by the obligated spouse (the one who has to pay). Additionally, the court looks at the obligated spouse’s ability to pay, the length of the marriage, who has custody of the children, and whether the obligated spouse’s earning capacity increased because the recipient spouse contributed to education or training during marriage. If one spouse is at the threshold of a major change in income because of the collective efforts of both spouses, that change also will be a factor in how the court divides the marital property and in the alimony award. Conversely, for a short marriage, the court could attempt to put the spouses back where they started as newlyweds, in terms of financial resources. Generally, alimony payments can last only as long as the number of years the marriage existed.
Marital Settlement Agreements
Throughout the process, divorcing spouses have opportunities to agree between themselves on what is a fair division. They can decide to sell certain assets and divide the proceeds, while allowing each spouse to keep certain other assets. Whatever agreements the spouses make, they can submit a marital settlement agreement to the court and a court will generally accept the agreement without further involvement. On the other hand, if the spouses cannot work together, or if there are certain items of property that they cannot agree on, then the court will decide for them.
Advantages That Comes With Divorce
Divorce is viewed as a taboo by many people. This is because you vowed to stick with each other for better or worse and sometimes couples do fear on how the public will judge them. Well, here’s the thing… divorce can happen to anyone! Yes, it is quite painful and difficult to live apart with someone you loved, had a family with and lived with as well, and it gets even nastier when there are property, children, and businesses involved, as there is chaos on who should take what and who should have the custody of the children. Well, if your marriage is not working there is no need to stick around as there is an option of getting a divorce. Some advantages come with divorce include:
You get the chance to relax.
Marriage comes with so many responsibilities whereby you end up not getting enough time for yourself. You have to worry on what to prepare for dinner, how your children will get to school and if the children did their homework. After a divorce, you will realize that you have the time for yourself whereby you can invite your friends over for some drinks or even go hiking on the weekends.
You get your freedom.
When was the last time you went out to have some drinks with your friends or go to a spa or even go to the salon to have your hair done? When married, all you think about is your family and on how to save money, so your family does not lack anything. If you cannot get the chance to enjoy such activities especially with your spouse, you might consider getting a divorce. No one is going to limit you whether or not you come home late from your painting lessons or judge you if you drink the tequila the proper way or not. Everyone deserves to be happy, and if you are not satisfied while married, you can always ask for a divorce.
You can realize your dreams.
You might realize that your dreams are conflicting with the desires of your spouse. With divorce, you can work on making your dreams come true since you have the time and freedom to do your things.
You get your happiness back.
You may find that while married you were not happy, especially if you were in an abusive marriage. What is the problem of one pursuing their happiness? If divorce is the only way out of the abusive marriage and the key to your happiness you should not fear to get a divorce.
The person is not right for you.
You may have stuck with a person with the belief that they are the right person for you. Even after the many issues you have you still believe the person will change. After a divorce, you can realize and know what you expect in a marriage and how you should be treated as well.
There is always a person for you.
There is no need to stick in a marriage that is not working. If you are not happy in your marriage, it is okay to file for a divorce as there is always the right person for you out there. You might even end up meeting the person who makes you happy and complete.
You get to love yourself.
Due to the many chores that you have to do in the house, you may find that it‘s hard to get the opportunity to work out or even cook healthy meals. You completely forget about yourself and all you think about is your family, and yet it is not a happy marriage. The divorce will lessen the chores you were performing making it easy for you to get enough time to take care of yourself.
You reunite with your friends.
It can be a lonely life, especially when you don’t get time to meet up with your buddies. You might find that your spouse does not allow you to go out and all you have to do is stay at home. After a divorce, you get the opportunity to meet up with your friends and play Uno cards or try out foosball.
Better relationship with your ex.
Did you know that some people get to have a better relationship with their ex-husband or wife after a divorce? This is because there is a mutual respect that is developed and you realize that you are better off being friends than married, as it works better for you.
You become a better parent.
Bad marriage drains away your happiness and energy whereby you are not able to look after your children as all your thoughts are on your marriage. After the divorce, you may realize that you have time to take care of your kids as you can get time for yourself as well.
Legal Separation versus Divorce
Before we compare the two, it is important to understand the difference between living apart from your partner and making your separation legal. In simple separation, the spouses may live apart from each other, and no documents are filed with the courts nor does this require any written agreement. Separation can help keep things hidden as their status of separation may stay unknown to everyone except them.
A divorce, on the other hand, is in which the couple asks the court to identify their separated status. This requires a formal written agreement along with submission of the appropriate documents in the court. Divorce requires the couple’s assets to be divided, matters regarding child custody to be resolved and child support terms and alimony to be noted in the contract. Legal separation can be a better option even if it is only temporary for a number of reasons. For example, many people give in to religion in which divorce may be strongly discouraged. Getting separated can allow them to remain married without living together.
Pros of separation
Separation appeals to some couples for a number of reasons;
• They have ethical or religious objections to getting divorced.
• They hope to fix their marriage problems someday but need to live apart for some time.
• Separation allows one partner to receive insurance coverage from the other partner’s provider.
• Separation also helps in providing tax benefits before the couples finalized their financial situation and got divorced.
• It also allows one spouse to be qualified for social security benefits and even pension of the other spouse before getting divorced.
Cons Of separation
Separation does have some drawbacks that can make divorce seem like a much better option. These drawbacks include:
• Not all insurance policies provide coverage to a spouse once legal separation is finalized.
• Couples that are separated are not allowed to get married again until they are divorced formally.
• If couples have a joint account or are together in any agreement such as a mortgage, then each spouse will have access to those accounts and in turn is also liable for any debts they have as a couple.
Pros of divorce
Since divorce can be the end of your relationship and even messy, it only has few advantages-
• Divorce can help you get free; you no longer have to live with someone who is constantly controlling you.
• Divorce makes separation 100% legal and official. It is the final nail in the wall of your relationship.
• Divorce is a permanent decision, and the separation is not just physical, unlike legal separation. Instead, divorce provides you with physical and mental separation.
• You can always remarry after a divorce.
Cons of divorce
Just like every other decision, you have to weigh the pros against the cons. Similarly, divorce has some cons as well that include-
• Divorce is expensive because you have to cover the legal fees and other expenses that come along with getting a divorce.
• Divorce can get you mentally exhausted and can take a heavy toll on you as a single person.
• Divorce can reduce your living standards because now only one person will be earning and you will have to remain on a budget.
• It can also lead to a change in personal relationships as some friends can pick sides and you may also want to stay away from your married friends.
Ending your marriage is never an easy option nor is living apart. It is important to remember that if love is still there, then you may choose to reconcile one day which is possible with separation and not a divorce. However, with a divorce, you can always remarry.
When you need legal help with a divorce in park city 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