Syracuse Utah Divorce Attorney
The east shore of the Great Salt Lake was surveyed in October 1855, and included land that later was to become the city of Syracuse. It was part of the “big range” of northern Davis County, which was a good place for raising sheep and cattle. However, the area did lack water, with only two springs between Kay’s Creek and the Weber River. With the Homestead Act of 1862 the land became available for settlement; however, the first person to plow and sow land in the area was David Cook in 1876. Joseph Bodily also homesteaded eighty acres and built the first log cabin in 1877. David Kerr, Joseph Hadfield, John Sheridan, and others came in 1878. By 1884 the extended Hooper Canal brought water from the Weber River to the area. With water, homesteads developed near the lake shore. Soon hay and grain grew in abundance. Dairy farming became important when a group of farmers built a cheese factory. Within twenty years of the first settlers, most of the available land was under cultivation. It did not take long before farmers near the lake realized that some of the land was suited for fruit growing. Artesian wells with cement holding ponds in conjunction with the Hooper Canal irrigated several hundred acres of apples, pears, peaches, and plums. By the turn of the century, this area had become the largest producer of fruit in Davis County. On the bench above the bluff, dry farming appeared about the year 1878. Alma Stoker, Richard Venable, and Richard Hamblin were some of the first who cleared the land. Deep wells were dug to water their livestock and small gardens. In about 1894 the Davis-Weber County Canal brought water to part of the land. Syracuse was always a farming community. With irrigation, new row crops were introduced: sugar beets in 1893, potatoes in 1894, tomatoes in 1898, and peas in 1902. The Syracuse Canning factory started up in 1898, canning tomatoes, pickles, and all kinds of fruits.
William Galbraith, who manufactured salt from the lake, printed the name “Syracuse” on his salt bags. The name came from a salt company he knew in Syracuse, New York. The name was later used by the Syracuse Bathing Resort, built in 1887 by Daniel C. Adams. He was determined to have the finest resort on the lake, which for a time it became; it was the only spot along the shore of the lake with a natural grove of trees. The Union Pacific Railroad branch, constructed in 1887 as the Ogden and Syracuse Railway, linked the Syracuse resort to the main line between Ogden and Salt Lake City. It also served farmers and the salt works. The first general store in town, which also adopted the name Syracuse, was built by Isaac Barton in 1888. In 1891 he sold his store to the Walker brothers. At one time the community also had a post office, which was commissioned on 10 November 1891. John Coles was the first postmaster, and the post office was set up in a room at the front of his home. Thomas and Clara Schofield later bought his farm, and Mrs. Schofield became postmistress until 15 May 1905 when the post office was discontinued. The general store and post office were located a mile east of the bathing resort. From the very beginning, baseball was the community’s favorite sport. The first known ballfield was across the street west of the church. Baseball was significant in unifying the community; every business would close on Saturday afternoon and the entire town would turn out to cheer the team on. With most of the land irrigated, the community of Syracuse took on a new look. Instead of log cabins, new frame and brick homes dotted the landscape. Gravel roads linked Syracuse to nearby communities. Goods and services improved, and almost anything a family needed could be ordered or purchased at the Syracuse mercantile store. After the turn of the century, the building of homes and barns continued to boom, and with the advent of World War I, good produce prices brought prosperity. The LDS Church played a prominent role in local “culture” through its amusement hall, which brought drama, band concerts, and athletic events to the community. The first telephone came in 1903 to the Walker brothers’ store in lower Syracuse. In 1913 electricity lighted the meetinghouse and amusement hall. In the fall of 1909 permission was granted by the Davis County School Board to open North Davis High School in Syracuse. It was an extension of the old red-brick school. But in 1925 school buses began hauling students to Davis High School, and the Syracuse school was closed. Syracuse became linked to Antelope Island State Park in 1969 with the construction of a causeway. Although the road was flooded in the 1980s, a new improved road to the island opened in 1993 brings tourists through the heart of Syracuse.
Divorce In Syracuse
A divorce is a court judgment ending a marriage. The court requires a “legal reason” for the divorce. In addition to legally ending your marriage, the court looks at other issues which need to be decided before the divorce becomes final. Married couples may choose to live apart from each other, but remain married, for religious, personal, or financial reasons, or for the sake of the children. You may decide to seek a Judgment of Separate Support or a Judgment of Support. A Judgment of Separate Support can decide custody.
The main difference is that a judgment of divorce ends the marriage; a judgment of separate support does not end the marriage. Although there are differences between them, a separate support judgment can address some of the same issues as a divorce, such as custody, parenting time, visitation, child support, support for one of the spouses. You file different kinds of papers in court if you are seeking separate support, support, divorce where your spouse was at fault, or divorce where neither spouse was at fault.
Some of the issues that need to be decided in a divorce judgment are:
• custody of children
• support of children
• parenting time or visitation with the children
• division of assets (for example, pensions, bank accounts or stocks)
• alimony (or support for the spouse)
• division of personal property (that is, who will get which personal property, such as the car or furniture)
• division of real property (what will happen to any real estate including the marital home)
• who gets to live in the marital home
• division of debts (for example, credit cards or electric bills)
• taking back the name you had before you got married
• possibly, an order for protection from abuse.
If these issues are not resolved by agreement of the parties, the judge decides the issues. You get a chance to present evidence that helps her decide.
You should speak with an attorney for advice and more information on the differences between divorce, separate support, and support. You may decide to have a written “Separation Agreement” between you and your spouse detailing the decisions and arrangements you have made while you are living apart.
“No fault” divorce?
A “no fault” divorce is a divorce in which the marriage is broken beyond repair but where neither spouse blames the other. In Massachusetts, the no fault divorce grounds is called “Irretrievable Breakdown of Marriage.” There are two kinds of “irretrievable breakdown” divorces.
Commonly Used Fault Grounds
Cruel and abusive treatment
This is the most common fault ground for divorce. You need to show that something your spouse knowingly did or didn’t do caused you harm or upset. Acts of physical abuse are cruel and abusive treatment. Sometimes certain forms of mental cruelty may be enough. You have to show it caused you physical harm, for example, your spouse’s drinking and staying out all night caused you headaches and stomach problems. How long it takes to complete a divorce varies with each case. (See question 23 for time line information.)
Utter desertion continued for one year
Your spouse left the marital home voluntarily and without your forcing him to leave. He or she left, has no intention of returning home, and has not lived with you for at least one year before the date of your filing the complaint for divorce.
Adultery: This means sexual intercourse outside the marriage. You will have to prove that your spouse had sexual intercourse with someone else. This makes adultery a difficult ground for obtaining a divorce.
Impotency: This means inability to have sex. This ground for divorce is rarely used.
Gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs: There must be a voluntary and excessive use of drugs or alcohol which has become a pattern. Gross or wanton and cruel refusal or neglect to provide suitable support and maintenance for the other spouse: This means that your spouse has refused or neglected to provide support and maintenance for you. To use this ground, you will have to show that your spouse has the ability to pay support but has refused or neglected to do so. You will also have to show that the refusal or neglect will cause injury to your life, limb or health or create a danger of such injury.
Sentence of Confinement in a Penal Institution: This means your spouse has been sentenced for life, or for five years or more. This ground is based on length of sentence, not how much time he actually spent in prison.
Where do I file for divorce?
You may file a divorce in Utah:
• if you have lived here for a year, or
• if the conduct that is the reason for divorce occurred in Utah and you have lived as a married couple in Utah, regardless of where your spouse now lives, or even if his address is unknown.
• You file a divorce in the Utah Probate and Family Court in the county where you and your spouse last lived together if either of you still lives in that county. If neither of you lives in the county where you last lived together, you may file in the county where you live, or you may file in the county where he or she lives.
How do I start the divorce process?
You file the Complaint for Divorce and other documents at the appropriate Probate and Family Court. If there is an Affidavit of Indigency in proper form, the clerk should approve it and stamp it, and give you a copy. You will also get a Domestic Relations Summons. Arrange for the sheriff to give a copy of the complaint to your spouse. When the sheriff does this, it is called “service of process,” meaning that the sheriff has served (legally delivered) the papers to the spouse. Before trial, either party may request that the court make temporary orders, for example concerning custody, child support, parenting time or visitation. Either party must request a pre-trial conference, or then there is a final hearing, the trial. Going to court too quickly can sometimes make the case take longer and be more complicated, contested, and expensive. In making your decision to live apart, to divorce or to contest certain issues, weigh the price you will pay with your time, emotional pain and money. Every case is unique. When children are involved, your relationship with your spouse does not end with the separation or divorce. You probably, but not necessarily, will continue to have contact with him regarding support, parenting time or visitation, and other parental responsibilities. You both will be grandparents of your children’s children. If it is appropriate in your situation, for the sake of your children, keep the lines of communication open, but only if it is safe to do so. If possible, put your children’s welfare ahead of continuing conflicts.
A DIY Divorce
You have the option of completing your divorce without the representation of a divorce attorney, as the courts never require you to have a lawyer. Although, most divorcees and attorneys strongly recommend against a DIY divorce. You may be able to muddle your way through a DIY home improvement project, but a divorce is no time to put your legal DIY skills to the test. The one advantage is less of an upfront cost. However, there are many potential disadvantages, including:
• Not having someone on your side to protect your rights
• Not having the representation of someone who is familiar with state divorce laws
• If your spouse has a divorce lawyer and you do not
• The potential for your spouse to hide assets from you
• More stress and anxiety over your divorce
Hire a Seasoned Divorce Attorney as Soon as Possible
No matter what kind of divorce method you want to use, you should always hire a seasoned divorce attorney to help you during this often-overwhelming time. Having the knowledge and experience of an attorney on your side can ensure that your divorce is fair to you with any method that you choose to pursue. Now is not the time to risk any part of your future by trying to handle your divorce on your own. Without legal representation, you could not receive the divorce settlement that you are entitled to, including custody or visitation with your children, spousal support, or child support.
When you need legal help with child custody, divorce, or other family law help in Syracuse 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