Divorce Lawyer Herriman Utah

Divorce Lawyer Herriman Utah

If you are seeking information on divorce, an experienced Herriman Utah divorce lawyer is your best friend. Utah divorce law is complex. American law in general is very complex.

Like a spider’s web, the web of law is very complex and, except to insiders, may seem entirely bewildering, but it has structure. Do not attempt to navigate the complex web of Utah divorce laws. Seek the assistance of an experienced Herriman Utah divorce lawyer.

The structure of the American legal web, and thus its complexity, is driven by the principles of separation of powers, checks and balances, and federalism. So, theoretically, the task of law is divided among lawmakers (the legislative branch), law enforcers (the executive branch), and law interpreters (the judicial branch). Of course, even theoretically, the edifice began to teeter right from the beginning because the Founders, in attempting to make “ambition … counteract ambition,” added checks and balances to the mix, giving the lawmakers power over the enforcers and interpreters, the law enforcers power over the makers and interpreters, and the law interpreters power over the makers and enforcers. Moreover, they threw federalism into the mix, resulting in the whole system replicating itself over (today) fifty additional systems. Thus, even in its most pristine, original form, the structure of American law is very complicated.

Court Organization and Structure Herriman Utah

In many ways, although courts tend to be the most mysterious of our governmental institutions, they tend to be the most familiar part of the legal system. When we think about the law, we usually have courts in mind. This tends to be the case even though most of us do not have much experience with courts. You may serve on a jury or go to traffic court or go through a divorce, but very few laypeople, except, of course, for jurors and a few litigants, have ever experienced a real live trial. Moreover, when we move beyond the trial courts up to the level of appeals courts, generally only lawyers and judges are directly involved.

On the other hand, almost everybody has watched a TV or movie trial. Litigation has been a staple of American entertainment since the time of the Founders. Whether it comes packaged as the real thing (in the forms of gavel-to-gavel O. J. Simpson coverage, or the endless leaks and rumors that made up the news of President Clinton’s legal/political woes, or the full platter of murders and romantic misadventures that constitute the daily fare offered by Court TV), as the semi-real thing (in the ever stern but fair judgments of Judges Joe Brown and Judy), or as pure fiction (in such forms as Scott Turow novels, John Grisham movies, or any one of the many lawyer-centered dramas that have been a mainstay of television since the 1950s), the media is where most of us get our impressions of the system and structure of our courts.

Now there is certainly nothing wrong with court based entertainment—indeed, it can be absolutely riveting, sometimes a lot of fun, and occasionally even educational. It is riveting and fun because court-based entertainment tends to focus on the unusually dramatic, the unusually glamorous, and the unusually horrific. It is occasionally educational because it offers us a slice of law, usually in easily digestible form. At the same time, however, these entertainment-oriented attributes can be very misleading. As unusual as the entertainment bill of fare is, the real work of courts, more often than not, is the stuff of everyday life, and as simple as TV makes it all seem, the American court system is incredibly complex—a huge web of detailed yet overlapping jurisdictional boundaries.

Indeed, let us begin with the term jurisdiction for it is key to the organization and work of the courts. Jurisdiction has to do with the legal limitations on the types of cases a court may hear and decide. Jurisdiction may be set by a constitution, or, in the case of supreme courts, largely by the court itself, but the most common source of court jurisdiction is the legislature. Thus, as much as we may like to think of the law as being above politics, in fact, even on this most basic point—the kinds of cases courts can hear and decide—legislative politics is the starting point.
How do legislatures, or constitutions, or sometimes courts, classify jurisdiction? Generally, according to three kinds of considerations: geography, subject, and function.

First, courts are authorized to hear and decide conflicts that arise within specific geographical jurisdictions. For instance, a Utah court has no jurisdiction to try a person accused of committing a crime in California. Further, a court’s political boundaries (i.e., its geographical jurisdiction) are typically drawn along the lines of other governmental bodies such as cities, counties, or states. Hence, the trial court for Herriman, Utah would generally not have jurisdiction over a crime or civil suit arising in Salt Lake City, Utah.

Jurisdiction is also determined by subject matter. For example, state trial courts of limited jurisdiction are restricted to hearing a circumscribed category of cases, typically misdemeanor crimes and civil suits involving small amounts of money. In contrast, trial courts of general jurisdiction are empowered to hear all other types of cases (generally speaking, cases the legislature deems more serious such as criminal felonies and civil claims with no dollar limitations). In addition, certain types of cases are not allowed to be brought to court. For instance, courts have no jurisdiction to decide church disputes over doctrinal matters. Or, for another example, the U.S. Supreme Court will not hear cases involving so-called “political questions,” although, as we discuss below, what constitutes a political question changes from Court to Court and era to era.

Finally a court’s jurisdiction is set by functional considerations. Functionally, a court may have either original jurisdiction or appellate jurisdiction, and some courts have both. Most courts in this country are courts of original jurisdiction, which means they have the authority to hear and decide a case in the first instance—in other words, if there is to be a trial, here is where it occurs. Appellate jurisdiction, on the other hand, means that a court has the authority to review cases that have already been decided by a court of original jurisdiction or a trial court.
The principal difference between a trial and an appeal is that a trial focuses on determining facts, whereas an appeal focuses on correctly interpreting the law. Obviously, both sets of courts are dealing with facts and law, but the principal focus is different. So, for example, if a person is charged with committing murder, the trial court’s primary job is going to be to consider and weigh evidence and witnesses about the alleged facts of that murder—whether the defendant could be placed at the scene of the crime, whether the weapon used was hers, whether she had a motive, and so on.

Now, let’s say that our ill-begotten friend is convicted of the abovementioned crime. A criminal defendant who loses at trial can appeal her case. She would appeal alleged legal errors. She might claim, for example, that the police seized the weapon from her home illegally and then, further, that the court compounded the error by allowing the weapon to be introduced at trial. Or she might claim that the judge gave biased instructions to the jury, or that the judge allowed the prosecutor to proceed in a prejudicial manner. These are all questions of law and these are the kinds of questions an appellate court would consider. To take some well-known real life examples, had Mr. Simpson been convicted, he would have appealed, for instance, the judge’s allowing his friend to relate the content of a dream in court. He would have contended that as a matter of legal procedure—of law—Judge Ito should not have allowed a witness to talk about what he claims the defendant related to him about a dream. Similarly, Timothy McVeigh appealed his Oklahoma bombing conviction on grounds of “juror misconduct, unfair exclusion of evidence that ‘someone else may have committed the bombing,’ prejudicial pretrial publicity and inflammatory testimony by victims’ relatives” (“McVeigh Conviction, Sentence Upheld,” 1998). Appeals courts consider these kinds of questions, and only rarely do they go over the facts again.

Because of this difference in function, trial and appeals courts operate very differently. In appellate courts, no witnesses are heard, no trials are conducted, and juries are never used. Indeed, the appeals process is often entirely conducted on the basis of paper records and briefs, although in some cases the lawyers representing both sides will present their arguments orally. In addition, instead of a single judge deciding, which is the norm in trial courts, groups of judges generally make appellate decisions.

Our system of federalism, too, has jurisdictional implications. We are blessed (or cursed, depending on your perspective) with a dual court system in this country: one national system and fifty state systems—in other words, fifty-one court systems. To put it in overly simplistic terms, federal courts have exclusive jurisdiction over federal laws and state courts have exclusive jurisdiction over state laws, but this is indeed an oversimplification. The basis for federal court jurisdiction is the U.S. Constitution. Over the years, this vague jurisdictional outline has been fleshed out by Congress in numerous detailed statutes. While these rules are very complicated, it is possible to boil federal jurisdiction down into three broad categories:

• Federal question jurisdiction is based on the subject matter of cases. Federal courts are entitled to hear all civil and criminal cases that are based on the U.S. Constitution, on treaties with other nations, and on federal statutes.
• Federal party jurisdiction consists of cases in which the federal government is a party. Nearly all cases brought by or against the federal government, a federal agency, or a federal officer can be heard in federal court.
• Diversity jurisdiction is based on geography. Federal courts can hear cases in which there is a diversity of citizenship between the parties (if they are citizens of different states or if one is a citizen of a foreign nation), as long as the suit is for $75,000 or more.
Some disputes involve both state and federal law. For instance, narcotics possession or transporting kidnap victims across state lines violate both federal and state laws, which means the accused could be tried twice. Or, a particular act may violate one set of state laws and an entirely different set of federal laws. An obvious example of this would be the police officers involved in the infamous Rodney King beating. They were accused of violating a variety of state assault laws; they were also accused of violating the federal civil rights law—same act, but two different sets of laws were at issue and two different jurisdictions involved. Indeed, dual jurisdictional crimes have been increasing at an enormous rate over the past decade, as Congress has moved to federalize more and more criminal activity, involving a substantial number of crimes that previously were the sole domain of state justice systems—everything from narcotics possession to car jackings to failure to pay child support. This congressional tendency to nationalize sanctions for bad behavior contributes mightily to the federal courts’ caseload, encourages jurisdiction shopping by aggressive prosecutors, and the blurs lines of sovereign authority and accountability, “threatening,” according to Chief Justice William Rehnquist, “to change entirely the nature of our federal system” Still, although (literally) millions of cases move through the federal courts every year and the number of these cases is increasing, the fact of the matter is that for most of us who find ourselves in court because of an unhappy marriage, an altercation with a neighbor, or an unlucky highway encounter with a state trooper, our legal adventures will begin and end in a state court system. In fact, of all the cases in the litigation universe, state courts will hear about 98 percent of them. Divorce courts in Herriman are part of the Utah state courts system.

State court systems—and the federal system, for that matter—are organized hierarchically. Thus, most state systems feature a series of minor trial courts, major trial courts, a smaller number of intermediate appeals courts, and a single supreme court. To all four of these court prototypes there are exceptions and a great deal of variation, but this four-level pyramid is the general rule.
In general, we can break the business of the law down into two very broad processes: that which deals with civil issues, and that which is concerned with criminal problems. One of the first cuts one needs to make in talking about work in the legal web is the distinction between substantive law and procedural law.
Substantive law is concerned with actual content—the real meat of the law. For example, the substance of a criminal law would tell us, as it did when Timothy McVeigh bombed the Murrah Federal Building in Oklahoma City, killing 168 people, that use of weapons of mass destruction and first-degree murder are punishable offenses and that the punishment for those offenses is imprisonment or death. Or the substance of a civil lawsuit might say that if one person causes the death of another he is monetarily liable to the survivors of the victim. Thus, in the most famous such suit in recent memory, the survivors of Nicole Simpson and Ronald Goldman sued O. J. Simpson for so-called wrongful death and were awarded millions of dollars. Those kinds of things make up the substance of law or the content of law and they are generally defined by legislatures, although you will also find lots of substantive law in constitutions, in executive orders, and coming out of judicial opinions.
Procedural law has to do with the operation of law, that is, with the manner in which law is applied. It is the rules of law itself. In a sense, law is rules, but these rules themselves are bound by other rules—rules of process. These rules of process make the law manageable by ensuring its efficient administration. Even more important, they supposedly ensure that the law itself will be applied evenly, consistently, and fairly to everybody. Thus, when Timothy McVeigh unsuccessfully appealed his conviction, he claimed that he had been denied due process of law by such procedural errors as jury misconduct and the exclusion of mitigating evidence at trial All law has elements of both substance and procedure. If, for instance, you look at the Constitution you can clearly see both the substance and procedure of law. As a matter of substance, the President has to be thirty five years old or older, he has to be a natural-born citizen, he is the chief executive officer, he is the commander-in-chief, and he is to be elected. As a matter of procedure, the Constitution tells us the manner in which he is to be elected, how he might be removed, and, in important respects, it tells him the manner in which he is to carry out some of his duties.

A second obvious cut we can make in talking about kinds of law is that between criminal and civil. Simply stated, criminal law deals with activities that have been forbidden by government—this can mean anything from a parking violation to murder. In the American judicial process, the violation of a criminal law is a violation not simply against another individual or group, but against government itself. Government acts as a proxy for the individual victim. This is why in criminal litigation you always see cases referred to as State v. Smith (or, in some states, as People v. Simpson or Commonwealth v. Woodward), or U.S. v. McVeigh. Thus, legally, Timothy McVeigh committed a crime against all of us, not just against the unfortunate victims in the Murrah Federal Building. In order to convict someone of a criminal act, the government needs to convince a judge or jury that the defendant is guilty beyond a reasonable doubt.
Civil law, on the other hand, generally governs relationships between individuals in the course of their private affairs. Hence, civil law deals with matters such as contracts, property, wills, divorces, and personal relationships. Unlike criminal prosecutions where the government is always an active participant, the government’s main interest in civil cases is to provide a forum (the courthouse) and process (the rules) for the peaceable resolution of disputes. Thus, theoretically, in civil cases the government does not care who wins a dispute as long as the dispute is settled peacefully. The government cares a lot in a criminal case because it is always a party to the case. But, unless the government is a party to a civil case (which it sometimes is), it theoretically it does not care about the outcome. In order to find a person liable in a civil case, the plaintiff or plaintiffs (the person or group bringing the complaint) need only convince a judge or jury that the defendant’s wrongdoing has been demonstrated by a preponderance of evidence. Divorce is part of civil law.
It is possible for a single action or set of facts to give rise to both a criminal and a civil action—and this is becoming increasingly prevalent. For just about every criminal action, there is also a civil remedy. For example, if you were to run a red light and go crashing into another’s car, the police, presumably, would issue a ticket based upon the criminal act of ignoring a traffic signal. Of course, there would still be the matter of your victim’s damaged car, and damage to property comes under the civil law of tort—on top of having to pay a hefty fine to the state, you could find yourself paying out-of pocket or insurance expenses to the person whose car you totaled. Or, take the more famous case of O. J. Simpson. Of course, he was prosecuted by the people of California for the criminal act of murder—an act of which he was acquitted. Subsequently, however, Mr. Simpson was sued by the survivors of his ex-wife and her friend for the civil act of wrongful death and for this act he was found liable. Clearly, the act of murder and the act of wrongful death are analogous—in nonlegal terms, they are the same thing. However, the former is a crime, prosecutable by the state, subject to proof beyond a reasonable doubt, and, if proven, punishable by imprisonment or death. The latter is a civil wrong, argued by individuals, subject to proof by a preponderance of evidence, and, if proven, punishable by compensation to the victims. At times, the criminal and civil processes may even be launched simultaneously.
The Civil Trial Process
When litigants do take their cases the full nine yards, the civil trial process looks, in many respects, like the criminal process—that is, the case may be brought before a jury or the bench (a judge sitting alone); the plaintiff presents her case first, followed by the defendant; and judgments are rendered after the case is concluded. There are, however, some important distinctions, a few of which are worth noting here. For example, those bringing civil suits—the plaintiffs—do not seek verdicts of guilty as the prosecutor would in a criminal case. Rather, civil plaintiffs urge the courts to find defendants liable for their wrongdoing. In turn, civil proceedings do not result in sentences, but rather, where the plaintiff is successful and the defendant is found liable, in remedies, usually assessed in the form of monetary damages.

As is the case in criminal cases, losing civil litigants have the right to appeal. Again, it is important to note that most potential civil grievances are probably never filed in court and of those that are, relatively few go to trial.
The decision to appeal is also related to the financial wherewithal of litigants. Appeals are quite expensive: generally speaking, lawyers must be paid, trial transcripts prepared, briefs printed, and filing fees paid. Unlike criminal appeals, where indigents are afforded these necessities free of charge, the burden of civil appellate costs is borne solely by the appellant, except in rare cases of legal pro bono work or the ever decreasing assistance of legal aid.
Legal Stipulations on Marriage
The traditional popular understandings and legal stipulations governing marriage in the United States have roots in Judeo-Christian religious views and church law. The English common law became the basis for the marriage laws of most U.S. states, and it reflected the tenets of marriage promulgated by the Anglican (and before it the Catholic) Church. When jurisdiction over marriage and children was transferred from church to common-law courts, for the most part “public law simply echoed what had been church doctrine.” Marriage was both an indissoluble and a hierarchical relationship. In the church’s view, marriage was a covenant, like God’s covenant with the Jews and later Christ’s covenant with the church (the community of the faithful). Christian marriage was thus an unbreakable bond. Marriage was to be lifelong, and marital faithfulness was to include monogamy.
In addition to being indissoluble, marriage was regarded as a hierarchical relationship, and one in which husband and wife played complementary, not similar, roles. The man was given authority as the head of household. Blackstone, the eighteenth-century legal authority, explained that since Genesis declared husband and wife to be “one flesh” in the eyes of God, they were to be “one person” in the eyes of the law, and that person was represented by the husband. This suspension of the wife’s legal personality was known as the doctrine of spousal unity, or “coverture.” Under coverture, a married woman could not sue or be sued unless her husband was party to the suit, could not sign contracts unless her husband joined her, and could not make a valid will unless he consented to its provisions. As a correlate of these powers and his role as head of the family, a husband was obligated to support his wife and children. And since he would be held responsible for her actions, a husband had a right to correct his wife physically, and to determine how and where their children would be raised. As late as 1945 a New Jersey court wrote:
The plaintiff husband is the master of his household. He is the managing
head, with control and power to preserve the family relation, to protect its
members and to guide their conduct. He has the obligation and responsibility of supporting, maintaining and protecting the family and the correlative
right to exclude intruders and unwanted visitors from the home despite the
whims of the wife.
Marriage was to be a structure in which spousal roles were distinct and complementary, with the husband acting as wage earner, protector, and public actor, the wife as protected, private homemaker.
The husband was expected to govern his household without either interference or help from the state. By and large police turned a blind eye to violence between spouses; in most jurisdictions wives could not prosecute their husbands for marital rape because the law assumed that by marrying, spouses gave blanket consent to sexual relations; and judges enforced obligations of support only if spouses separated, not in an ongoing marriage.
The result of all these stipulations was that when people married, they consented to enter a relationship the terms of which are set by the state. This is what it means to call marriage a “status” relationship. Consent was necessary to enter the married state, but the agreement to marry brought with it rights and duties that were not set by the partners but were considered to be intrinsic to the state of being married.
The unequal and restrictive provisions of marriage law became the object of reform efforts in the mid-nineteenth century. Reformers attacked laws that granted divorce only for a wife’s adultery, and not that of her husband, and added other wrongs, particularly physical cruelty and domestic violence, as grounds for dissolving the marital bond. Marriage, they said, must not make the home a “prison” for unhappy and wronged spouses, depriving them of essential personal liberty. Feminist reformers also invoked equality in their campaigns to pass married women’s property laws that would allow wives to hold property, sue and be sued, and enter contracts in their own names. By the end of the nineteenth century, a number of states had passed married women’s property statutes, freeing married women from many of the legal effects of coverture.
While this first wave of marriage law reform increased both the freedom to leave unsatisfactory marriages and equality between husbands and wives, many people were dissatisfied with the state of the law in the midtwentieth century. The grounds for divorce were restrictive, and law still treated married men and women differently. Several states granted divorce only for adultery. Many states imposed alimony only on husbands, a stipulation that assumed, and perhaps helped to perpetuate, women’s exclusion from the paid labor force. The age at which females could marry without their parents’ consent was often younger than that for males, suggesting that boys needed to stay in school longer or learn a trade before marrying and that girls did not. Custody laws varied widely but often contained a preference for mother’s custody, again assuming that the mother was and would in the future be the better caregiver.

In the mid-twentieth century, a variety of factors converged to spark a second wave of marriage law reform. Demographic changes since 1900 were dramatic: life expectancy for women was forty-eight years in 1900 and seventy-eight in 1980; increased life expectancy meant that most parents had years as “empty nesters” after their children left home, whereas in 1900 parents lived most of their lives with their children; and at midcentury women began childbearing at an older age and bore fewer children than had women in 1900. In the decades following World War II, economic changes led women, including married women and women with children, into the paid labor force in unprecedented numbers. This drew women out of the home for part of the day and gave them greater economic independence. The introduction of the birth control pill in the 1960s gave women more control over whether and when they would become pregnant. Greater ability to plan the timing of their children encouraged women to work outside the home and to think of “careers” rather than temporary jobs. All these changes predated the resurgence of feminism. Only beginning in the late 1960s and the 1970s did the ideology of equal rights developed by the black civil rights movement of the 1950s and 1960s help revitalize feminism, spurring the women’s movement to insist on equality between men and women as spouses as well as individuals. Also drawing on the legacy of civil rights and liberation struggles of the 1960s, in the 1970s gays and lesbians insisted on an end to legal discrimination against homosexuals and an end to the ban on same-sex marriage.
The dramatic transformation of divorce law that occurred between 1965 and 1974 took place independent of feminist influence. The adoption of no-fault divorce is seen as a “silent revolution,” a series of “radical changes in legal expectations about family life” that came about through “routine” (as contrasted with “conflictual”) public policy processes that avoided becoming the focus of media and public attention.
In the mid-1960s, lawyers in California began the push for no-fault divorce in large part to get rid of the subterfuge in many divorce proceedings that took place when couples tailored their stories to make them fit the legal requirements for divorce. Although California courts were lenient in granting divorce, to obtain a divorce a husband or wife had to prove that the other had committed a marital offense like adultery, cruelty, or desertion. In most cases, the wife was the plaintiff and usually charged her husband with “cruelty,” which could range from disparaging remarks to physical violence. “The testimony was often arranged and fake, disguising a mutual or negotiated decision to end the marriage. It was this element of dishonesty that provoked some of the proponents of change to seek a no-fault statute.”10 No-fault divorce enabled a spouse to obtain a divorce without proving wrongdoing by the other. The reformers’ goal was to eliminate the perjury that had become common and to decrease the level of conflict between divorcing spouses. Neither greater equality for women nor greater choice among alternative family forms was among the aims of those working to enact no-fault divorce laws.
Proponents of no-fault divorce did not intend or anticipate what many called the “demographic watershed” in U.S. families that the introduction of no-fault divorce brought about. In the wake of no-fault legislation, the divorce rate rose dramatically. The changes in marriage were reflected in the fact that in the last quarter of the twentieth century only one-quarter of U.S. households fit the supposed “norm” of husband wage earner and homemaker wife, living with their own biological or adopted children.
Dramatic though these demographics are, from a person seeking a divorce, it is more important to notice that no-fault divorce marked a sea change in the way people began to think about and conceptualize marriage. The idea that the marriage partners themselves, rather than the state, could decide to end their marriage was revolutionary. It affected thinking about both the permanence of marriage and the nature of the marriage relationship itself. It seemed as if the observation of Henry Maine, the nineteenth-century legal historian, that “the movement of the law in the nineteenth century is a movement from status to contract” was finally coming to be true of marriage.
Origin of Divorce
The divorce procedure is described—and approved of, in a qualified way—in Deuteronomy. The grounds for divorce are that a husband find “something shameful” in his wife. In the Middle Ages the grounds for divorce were tightened considerably, making divorces almost impossible to obtain. People could get divorces of bed and board—what we today would call a separation. They would live apart but could not remarry.
The tribulations of King Henry VIII led the English, in 1534, to allow individuals to appeal to the House of Lords for a divorce. This procedure was cumbersome, though, and it wasn’t until 1801 that a woman petitioned for a divorce. In 1857, England allowed courts to grant divorces, but this did not open the divorce floodgates: by 1886, British courts were granting only 400 divorces per year. (By way of contrast, in 1890, U.S. courts granted 33,461 divorces.)
In the United States, divorce has been around since the Puritans. In 1639, James Luxford’s wife asked for a divorce because Luxford already had a wife. The Puritans had what were, for the time, rather liberal divorce laws. Acceptable grounds for divorce included female adultery, male cruelty, bigamy, desertion, failure to provide, and impotence. Divorce hearings, besides deciding whether a divorce would be granted, determined which party to the divorce had been responsible for the breakup of the marriage. The guilty party was fined, whipped, or put in the stocks. Puritans were also likely to forbid remarriage by the guilty party. Such a person had, after all, shown incompetence in matters matrimonial and had no business trying to form another family.
In the early 1700s, Connecticut accepted the notion that when divorces happened, someone was to blame and should be punished, but added a unique twist: if both marriage partners were guilty, then no divorce would be granted. The implication is that in such cases, the appropriate punishment was for the partners to be forced to live with each other.
By the 1830s, divorce was easier to get in America than in Europe, with some states having more liberal divorce laws than others. In Virginia in 1827, acceptable grounds for divorce included adultery, cruelty, and just cause of bodily fear. In South Carolina, on the other hand, divorce was impossible until after the Civil War.
In the course of the nineteenth century, states kept adding to the list of acceptable grounds for divorce, sometimes with unintended results. Indiana accidentally turned itself into a divorce mecca when, in 1852, it allowed judges to grant divorces on grounds they found “proper.” This alone would have made Indiana a desirable place to get a divorce, but what really did the trick were three other features of Indiana law. First, Indiana had a minimal residency requirement. Indeed, your own affidavit was regarded as sufficient proof of residency, so that an unscrupulous person might establish his residency in Indiana without actually residing there. Second, Indiana law allowed notification of divorce proceedings to be served through publication. This meant that you could, by putting an ad in an Indiana newspaper—which people in other states and certainly in other countries would be unlikely to read—satisfy the law’s requirement that you inform all relevant parties of your intent to divorce. Third, under Indiana law, divorce decrees were irrevocable. In theory, a person could go to Indiana, declare residency, put an ad in a paper, and in short order be divorced. The spouse might not even find out about it until months later, and protests of unfairness would be met with the reply that the divorce was irrevocable. In 1873, Indiana tightened its divorce laws and thereby closed the Pandoras box it had inadvertently opened. This was Americas first encounter with “migratory divorces” on a grand scale.
Indiana is not the only place to gain infamy for its divorce practices. Thereafter, Utah gained a reputation as a divorce mill, followed by the Dakotas, Oklahoma Territory, and of course Nevada.
The No-Fault Divorce Revolution
After World War II, divorces became easier to obtain. By the mid1960s, several states included- “living apart” among the acceptable grounds for divorce and specified the amount of time that a couple must live apart. Finally, in the late 1960s, even this almost groundless ground was dropped when California became the first state—indeed, the first place in the Western world—to adopt “no-fault” divorce. The “grounds” for a divorce became “irreconcilable differences” causing the “irremediable breakdown” of a marriage. What proof was required that irreconcilable differences existed or that a marriage had broken down irremediably? None, other than the declared opinion of one party to the marriage that they did and it had. The most breathtakingly revolutionary feature of California’s nofault law: it allowed unilateral divorce. The wife of a man seeking a divorce could claim that the differences were not irreconcilable or that the marriage could be saved, but these claims counted for nothing in a court of law. If the husband wanted to go, there was nothing she could do to stop him. There was, in short, no right to remain married.
Unilateral divorce tips the balance of power in favor of the person who wants out of a marriage. From the legal point of view, their spouse’s behavior was irrelevant to determining whether or not a divorce should be granted; and if a divorce was granted, the spouse’s behavior was irrelevant to determining how the couple’s property should be divided and whether the wife should get alimony. Under no-fault divorce laws, marital property is divided equally, and alimony is granted on the basis of need rather than on the basis of marital guilt. No-fault divorce did accomplish one of its original goals: it made the divorce process less acrimonious. In a traditional divorce the two parties typically battled each other, dragging out their spouse’s every fault, both real and imagined, for all the world to see. They declared emotional war on each other, and the legal system aided and abetted their acts of war. Under no-fault, though, it didn’t matter what your spouse had done to you. The courts no longer wanted to hear about it.
California was not alone in making the move to no-fault. In 1971 the Supreme Court, in Boddie v. Connecticut, ruled that divorce is a citizen’s fundamental right. By 1980 all but two states had no-fault divorce laws. To be fair, not all these states went as far as California in liberalizing their divorce laws. By the mid-1980s about a quarter of the states still required mutual consent in divorces. States also differed in whether property divisions and alimony awards could be affected by “guilt” on the part of one of the married persons.
If you are seeking a no fault divorce in Utah, speak to an experienced Herriman Utah divorce lawyer. Utah law allows you to seek divorce on no fault grounds. Under this concept, a divorce may be granted on grounds such as incompatibility, irreconcilable differences, or an irretrievable breakdown of the marriage relationship. The court examines the condition of the marriage rather than the question of whether either party is at fault. This type of proceeding eliminates the need for one party to accuse the other of a traditional ground for divorce.
By 1987, all fifty states had adopted no-fault divorce exclusively or as an option to traditional fault-grounded divorce. No-fault divorce has become a quick and inexpensive means of ending a marriage, especially when a couple has no children and relatively few property assets. In fact, the ability to end a marriage using no-fault procedures has led to criticism that divorce has become too easy to obtain, allowing couples to abandon a marriage at the first sign of marital discord. At least one state legislature has responded by allowing couples to set their own terms for divorce at the time of their marriage. Louisiana’s “covenant marriage” statute leaves the no-fault system in place for those choosing a standard arrangement, but allows individual couples to set the bar much higher if they wish.
In 1971, the Supreme Court came very close to declaring a right to divorce (Boddie v. Connecticut, 401 U.S. 371), striking down Connecticut’s inflexible fee structure as an impermissible denial of access to the poor to state proceedings required for obtaining a decree of dissolution. When a state provides no alternative but to utilize its forums, it cannot restrict admission on the basis of income.24 Note also that only the state can grant a divorce which releases the parties from the contract that binds them legally together. The divorce decree is another contract of sorts that also often comes with strings attached, such as alimony distributions, division of property and assets, child custody arrangements, and the like, which are enforceable by state power. Churches have no such authority, although some, like the Roman Catholic Church, refuse to recognize divorce.
Child Custody
Child custody decisions in American law have always been heard exclusively in state courts. (Indeed, federal courts, under a judicially declared exception to the otherwise applicable jurisdictional statutes, have long refused to hear family law cases, even when federal jurisdiction is otherwise present.) As a result, when the parties to a custody proceeding all are from the same state, only the law of that state applies. It is a different matter, however, when a judge is asked to enforce a custody order entered by the court of a sister state. At that point, the Full Faith and Credit Clause—and legislation adopted by Congress under the authority given to it by that clause—enter the picture.
The PKPA and the UCCJA (UCCJEA)
The Parental Kidnapping Prevention Act (“PKPA”), 28 U.S.C. § 1738A, adopted by Congress in 1980, dealt with a very serious problem: conflicting custody orders entered by courts in different states. The problem generally arose when a parent, not satisfied with a custody/visitation order entered in one state would take the child to another state and seek a more favorable order there. The new court generally was in the unhappy parent’s home state, and often inclined to favor the local voter and taxpayer, giving that parent a strong “home court” advantage. Afterwards, armed with the new (and more favorable) custody order from a court in his domicile, the newly happy parent would refuse to give the child back, and the result would be a morass of litigation, crisscrossing contempt citations, and so forth.
Although custody disputes would seem to be the quintessential problem for state resolution, the federal government’s intervention in the area through the adoption of the PKPA was eminently proper for two reasons. First, the problem of interstate custody battles was one that was caused by the very existence of a federal system; no authority other than Congress existed to resolve conflicting custody orders issued by different states. Thus, it was appropriate for Congress to solve a “local” problem at the national level. Second, the problem was made worse by a flaw in the full faith and credit system itself. That flaw is that custody orders can always be modified prospectively; traditionally, therefore, they were never treated as “final” judgments for enforcement purposes. For that reason, courts could (and often did) disregard the custody orders of other states.
Congress solved the interstate custody problem by passing the PKPA pursuant to its implementing authority under the Full Faith and Credit Clause. The act, primarily designed to solve the problem caused by the lack of finality to custody orders, requires certain custody orders be treated as final; because those orders are now considered to be final they are entitled to recognition under the Full Faith and Credit Clause. And because the PKPA was enacted by Congress pursuant to its authority under the Full Faith and Credit Clause, the mandate of the PKPA became the law of the land under the Supremacy Clause. Thus, under the PKPA properly entered custody orders are entitled to the same respect in other states as would an order in any other type of case.
The important question for Congress in adopting the PKPA was to determine which orders required recognition; in doing so, Congress made a very wise decision. The PKPA largely tracks the provisions of the Uniform Child Custody Jurisdiction Act (“UCCJA”). First promulgated in 1968, and eventually adopted in every state, the UCCJA, provides, generally speaking, that the orders of only one court will control establishment and modification of child custody, thus defeating the “snatch and run” strategy employed by disgruntled parents under the prior custody regime. The UCCJA, in other words, established a regime sometimes referred to as the “one controlling order system.” That regime can be summarized briefly: When a court with proper subject matter jurisdiction enters a custody order, only that court—and no other—can change the order.
Because a finding of subject matter jurisdiction is so important under the UCCJA, the act establishes a hierarchy of jurisdictional possibilities for entering the original (and controlling) order. The first jurisdictional priority goes either to the state which is the child’s “home state” (the state where the child lived for six months before the custody petition was filed) or to a state that both has a “significant connection” with the child and the contestants for custody and is the location of substantial evidence relevant to the custody decision. Other possibilities are “residual jurisdiction,” which is available when no state meets any of the other criteria, and “temporary emergency jurisdiction,” which is exercised when the child is present within the state and is abandoned or threatened with mistreatment. The UCCJA also encourages judges in different states to consult with one another and to refuse to exercise jurisdiction if another court has begun proceedings or is otherwise better able to hear the case.
Finally, and most important, the UCCJA provides that any modifications to the order can be made only by the state that entered the order. No longer can there be multiple orders involving the child; instead, there is only “one outstanding order.” The combination of “one outstanding order” feature of the UCCJA with the full faith and credit mandate of the PKPA has largely ended the “snatch and run” abuse and has made interstate post-divorce family life more orderly and humane.
The PKPA illustrates the proper use by Congress of its constitutional power to enforce the Full Faith and Credit Clause. The act addresses a serious national problem created by our federal system, and it attempts to solve that problem by making custody orders final and entitled to recognition. By tracking the UCCJA, the PKPA largely federalizes the Uniform Act.
Thus, the UCCJA performed the state function of regulating family law, and the PKPA performed the federal function of regulating interstate enforcement of judicial orders. The two laws together have helped solve the problems presented by parental “kidnapping” across stale lines.
The UCCJA was superceded in 1997 by the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). The new law was designed better to harmonize the stale law of custody with the requirements of the PKPA. The UCCJEA, however, does not disturb the basic outline of the UCCJA, especially its one outstanding order requirement.

Child Custody Herriman Utah

The federal and uniform acts do not eliminate all interstate custody problems. One vexing issue that has not yet been resolved is whether the state entering the custody order must have personal jurisdiction over both spouses.
At one time, that was not a problem. Parents did not migrate with children from one state to another, so custody was a purely local concern. When the rare interstate case did arise, the continued indulgence of the historical fiction that the dispute was one in rem (with the child as the res) meant that a court with the child before it could adjudicate all interests in the res. That meant that the court did not need personal jurisdiction over both spouses in order to render a constitutionally permissible decree.
As our nation became more migratory, however, fairness questions arose over that treatment. Why should a person be forced to come to a distant and perhaps hostile forum in order to protect his rights as a parent? Moreover, by coming to the forum, the absent parent exposed himself to the possibility that the forum would assert personal jurisdiction over him, and thus acquire power to enter child or spousal support orders. This fundamental dilemma—stay out of the forum and lose the child; appear and lose your wallet—mirrors the dilemma faced by the stay-at-home spouse following the decision in Williams I. That dilemma, of course, was resolved by the invention of the concept of the “divisible divorce,” which preserved the fiction of the res (the marriage) thus permitting the ex parte divorce, while still protecting the financial interests of the absent spouse with the personal jurisdiction requirement. A similar concept, which might be styled “divisible custody,” has evolved in the custody area.
Divisible custody works this way. Custody orders can be entered by a court at the situs of the res—remember that the child is the res—that is, the child’s “home state,” but financial decrees—child support—can be entered only by a court with personal jurisdiction over the putative support obligor. Necessity is the justification for permitting a court without personal jurisdiction to issue a custody order, and the argument is compelling. If the rule were otherwise, a parent who wished to deny effect to a custody order would simply avoid all contact with the forum. As a result, if personal jurisdiction—over both parents—were required, often no court would be able to enter a valid custody order. And that would be a disaster for the child who badly needs stability.
It is not surprising, therefore, that neither the PKPA nor the UCCJA requires personal jurisdiction over both parents as a condition to the entry of a valid order. (In an emergency, any state has the power to issue a temporary order.) Moreover, neither case law nor the commentary of academics shows much enthusiasm for requiring personal jurisdiction over the absent parent. There is only one flaw in this rosy scenario: It is not clear whether the Supreme Court agrees. Twice the Court has had the absent parent issue on its plate, and twice it has punted on the issue.
The first opportunity came in the case of May v. Anderson (1953) in which a Wisconsin court entered an ex parte order giving custody to the father. The father then took the order to Ohio where the children were living with their mother. The Ohio courts gave full faith and credit to the Wisconsin order, and the mother appealed. The case eventually made it all the way to the Supreme Court; that court reversed.
Unfortunately, the holding in May is quite murky. The majority opinion by Justice Harold Burton can be read as saying that custody rights are like other property “rights” which can be extinguished only by a court with personal jurisdiction over the defendant. On the other hand, the opinion may simply have said that the Ohio court could, but was not required to, recognize the Wisconsin decree; plausible readings of Justice Burton’s majority opinion can support either position. Even worse, the concurring and dissenting opinions disagreed as to what the majority had really held in May. In short, Justice Burton’s opinion in May is a real mess.
Thus, with respect to the first possibility—that custody is like any other property right—Justice Burton stated the issue to be whether the Wisconsin court could eliminate the mother’s right to custody, “without having jurisdiction over her in personam.” Moreover, Burton closed the opinion by noting that “[r]ights far more precious to [the mother] than property rights will be cut off if she is to be bound by the Wisconsin award of custody.”
The second possibility—discretionary recognition—derives support from the failure of the majority to mention the Due Process Clause, the source of whatever rights the mother might have had. Further, Justice Burton framed the issue in terms of whether Wisconsin should have the right, “as against Ohio,” to decide the mother’s custody rights. That is, the majority opinion could have been treating the question as one of states’ rights rather than one involving individual rights. Justice Frankfurter’s concurrence also supports the second interpretation, staling explicitly that personal jurisdiction over both parents is not necessary for a court to render an enforceable decree in a custody case.
A generation after May, the Supreme Court had an opportunity to clarify the situation. Once again it blew the analysis. Shaffer v. Heitner (1977) was a major opinion on the relation between the Due Process Clause and personal jurisdiction, the first issued by the Court in twenty years. The holding in Shaffer, that the personal jurisdiction test (“minimum contacts/fairplay and substantial justice”) also applies to attachment jurisdiction has little relevance to custody. Nevertheless, the Shaffer Court made an effort to explain the effect of its holdings on other problem areas of jurisdiction. Those efforts, although certainly dicta and made in footnotes, have been taken seriously by courts and commentators.
In footnote 30 to the Shaffer opinion, the Court observed: “We do not suggest that jurisdictional doctrines other than those discussed in text, such as the particularized rules governing adjudications of status, are inconsistent with the standard of fairness.”33 In other words, Shaffer does not affect “status” determinations such as those made in custody cases, and, therefore, in rem treatment of custody proceedings can survive the holding, although the opinion had invalidated other uses of the in rem fiction in jurisdictional cases. That argument is strengthened by the fact that divorce is still treated as an in rem action, suggesting that the concept of status has not lost all of its utility in cases involving family law. Further, the Court did not refer to May at all, a lacuna perhaps suggesting that Shaffer does not jeopardize the in rem treatment of custody proceedings.
A final point of persuasion on this issue can be found in the fact that Congress, when it adopted the PKPA, agreed that a valid custody order-—one entitled to recognition throughout the nation—does not require jurisdiction over both parties. And a large majority, but not all, of the state courts that have wrestled with the issue have held that custody decisions may be made by a court lacking personal jurisdiction over both parents.
Finally, the state where the child has a real home—the “home state”—has a strong interest as a sovereign in looking out for the best interests of one of its children, the basic test in all custody litigation. When that interest is coupled with the practical need to have at least one court where the custody issue can be authoritatively resolved, we can prophesy that the Supreme Court, when it gets another chance to address the issue, will hold that the forum where the child and one parent are located can resolve a custody dispute without personal jurisdiction over the absent parent.

Child Support in Herriman Utah

Child and spousal support matters, like child custody, historically have been decided under state law. The Full Faith and Credit Clause, however, does play a role in the enforcement of interstate support orders. The law of support follows closely the pattern established with custody orders—a uniform act adopted by the states, which has been given stronger teeth by a federal statute adopted pursuant to congressional authority under the Full Faith and Credit Clause.

The success of the PKPA in the area of interstate custody encouraged Congress to seek statutory solutions for interstate child support orders. As a result, Congress in recent years has passed several major pieces of legislation dealing with interstate enforcement of child support orders.
The first of these laws, known as the “Bradley Amendment,” adopted in 1986, brought state child support orders under the Full Faith and Credit Clause. Before the Bradley Amendment took effect, child support orders (like custody orders before the adoption of the PKPA) were generally held not to be entitled to full faith and credit because they were modifiable, according to state law, both prospectively and retrospectively, and thus were not considered to be “final judgments.” The result was that if the noncustodial parent had fallen $1,000 behind on her payments, those arrearages had to be sued upon in another action and reduced to a judgment in order to be sufficiently final to be entitled to preclusive effect in another state. The Bradley amendment changed that cumbersome and difficult process by requiring each state to adopt legislation making child support arrearages nonmodifiable. A state that did not adopt that legislation could have lost enormous sums of federal money. Thus, any time the obligor parent falls behind on her support payments, she owes a sum certain to the custodial parent, a sum, which, because of its certainty, can then become the subject of an immediate enforcement action. Although Congress did not use its Full Faith and Credit Clause power when it adopted the Bradley Amendment, the law fits within the spirit of the Clause in making enforcement of support orders across state lines easier to obtain.
More recently, in the Full Faith and Credit for Child Support Orders Act (the Act has a very uneuphonious acronym, “FFCSOA,” usually pronounced fic-sóa), Congress placed the Full Faith and Credit Clause squarely behind the enforcement of interstate child support orders. FFCSOA closely resembles—and deliberately so—the enforcement model established by the PKPA. That is, federal law now mandates enforcement of orders entered pursuant to a Uniform Act. That act in the case of child support is the Uniform Interstate Family Support Act (“UIFSA”). UIFSA follows the “one-child, one-order” concept pioneered in the custody field by the UCCJA, and described in the proceeding section.
The basic idea behind UIFSA is that only one court can have the subject matter jurisdiction needed to enter a valid support order; that court is the one in the “home state” of the child, which UIFSA defines as the place where the child lived for the six months before an order was sought. Once home state jurisdiction has been established, an order from a court of that state must be respected: Only the court that entered the support order can modify that order, unless either that court has lost jurisdiction because all of the persons involved, both parents and children, have left the state, or the parties have agreed to locate the order elsewhere.
FFCSOA requires the recognition by other courts of an order properly entered under UIFSA. Because the latter served as the basis for the substantive provisions of the former, the practical effect of FFCSOA is to constitutionalize the “one-child, one-controlling-order” regime of UIFSA for purposes of entering a support order entitled to recognition.
FFCSOA, like the PKPA, is a perfectly proper use of the full faith and credit powers given to Congress. First, interstate enforcement of support orders is a major national problem, one that only Congress has the power effectively to resolve. Second, uncertainty about multiple orders had made the enforcement of any order problematic. Third, Congressional intervention did not require widespread involvement with inherently local activities; the statute is expressly limited to enforcement of orders across state lines. Thus, FFCSOA provides a textbook illustration of the proper use of federal regulatory authority in an area normally reserved for state authority. But that, of course, was what the Full Faith and Credit Clause was all about.

Although the law and practice have come a long way in the past two decades, a major obstacle stands in the way of further progress. That obstacle is the Supreme Court’s opinion in Kulko v. Superior Court (1978). In that case, a New York family had entered into a custody agreement, which gave custody of the two children to their father. Later, with his permission, the children moved to California to live with their mother, and she later obtained a California support order. When she sought to enforce the order, the husband resisted, on the ground that the California court lacked personal jurisdiction over him.

The Supreme Court agreed. Justice Marshall’s majority opinion applied the well-known “minimum contacts” test concerning personal jurisdiction to the question and found that the test had not been satisfied. In so holding, Justice Marshall made two troubling observations: He first noted that the litigation arose “not from the defendant’s commercial transactions in interstate commerce, but rather from his personal, domestic relations.” It is difficult to understand the relevance of this attempted distinction. After all, if the children are not properly supported in California they will suffer demonstrable—and foreseeable—harm in that state. When viewed in that light, it is easy to see how the facts of Kulko could have been found to satisfy the minimum contacts test. Moreover, the fact that the case involved a “domestic relations” problem rather than a “commercial transaction” argues in favor of finding personal jurisdiction. If the type of problem matters, as the majority suggests, than it is hard to understand why commercial matters are more important than domestic ones.
The second point emphasized by Justice Marshall was that California had not “attempted to assert any particularized interest in trying [child support] cases in its courts.” Here, Justice Marshall apparently was referring to the fact that California did not have a long-arm statute that expressly provided for specific jurisdiction over support obligors. Although many states have so-called “enumerated” long-arm statutes, which specify the types of problems over which jurisdiction may be asserted, California had a general long-arm statute, which asserts jurisdiction over any matter that the constitution permits. It is extremely difficult to understand why California should be penalized for having a broader long-arm statute than most slates.

Finally, the Court referred to the fact that the then-existing Uniform Act dealing with interstate child support (“URESA”) provided an alternative method for obtaining child support from an out-of-state obligor. That reference makes no sense. URESA was such a cumbersome and ineffective method of obtaining relief that it eventually was discarded in favor of UIFSA, discussed above. It can only be assumed that the Court was thinking that it did not have to address more general issues of long-arm jurisdiction when the petitioner would suffer no harm as the result of the decision. If that was indeed the Court’s thinking it was dead wrong; URESA was a poor substitute for obtaining relief directly through longarm jurisdiction.

The Kulko decision has met with heavy resistance in the states. The drafters of UIFSA expressly included a provision for asserting jurisdiction over an outof-state obligor that is flatly inconsistent with Kulko. Section 5 of UIFSA provides that a court may exercise jurisdiction in a support matter if “the child resides in this State as a result of the Acts or directives of the defendant.”

Obviously, it is widely believed that Kulko is both bad policy and likely to be overruled when the Court gets the question again. Both suppositions are correct. Kulko certainly is bad policy; it is hard to understand why failure to support a child does not permit the child’s state of residence to exercise jurisdiction over the obligor in order to protect the child (as well as the treasury of the state, which will be forced to support the child if the parents do not). Surely that exercise of jurisdiction satisfies the minimum fairness test, which is the basis of all modern exercises of long-arm jurisdiction.

Herriman Utah Divorce Lawyer Free Consultation

When you need help with a divorce in Herriman Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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False Accusations of Abuse During Divorce

False Accusations of Abuse During Divorce

In some particularly contentious divorces, it is all too common for one spouse to make false allegations of abuse in order to gain an upper hand. The presence of abuse by one spouse can have a huge impact on divorce litigation, especially insofar as determining custody of minor children, and can lead to criminal charges in some cases.

While wise Utah divorce lawyers strive to keep discord to a minimum when negotiating a divorce, allegations of abuse change the entire character of the process. Abuse allegations can be very difficult to conclusively disprove and, as a result, often make divorce litigation unavoidable.

If you are involved in a divorce and your spouse has turned to false accusations of abuse, you need to act quickly to prove your innocence. Our experienced divorce lawyers in Utah have seen nearly everything that can happen during the divorce process. We have the investigation and litigation skills to deal with false accusations of abuse and are prepared to handle anything your spouse can throw at you.

We understand that it is important to confront allegations of abuse immediately. Experience has taught us that negotiations may still be salvageable if we can disprove allegations early.

It is much more common, however, for such allegations to signal the end of any chance at a peaceful resolution. That is why we are always prepared to go to trial if necessary to defend the reputations of our clients and their rights to their children and property.

Splitting Up After a Long-Term Marriage: Why?

In 2010, former Vice President Al Gore and his wife, Tipper, announced their separation. By all outward appearances, the couple was happy and comfortable, and the announcement came as a shock even to close friends. Many asked why they were separating.

As a firm dedicated to the practice of divorce and family law on Long Island, we hear and understand the reasons men and women of all ages, in marriages of all lengths, decide to divorce. For long-term, stable couples, divorce oftentimes brings few fireworks, no accusations and oftentimes no infidelity. What contributes to the demise of a long-term marriage?

Consider this:

  • Al and Tipper Gore separated after 40 years of marriage. They raised children, sought and found adventure, and following a process of long and careful consideration, they decided to separate. From their statements, it seems clear they still love each other as friends, but chose to pursue their lives separately.
  • While the end of a long marriage can come rudely, it may also come as an emotional relief. As people live longer and healthier lives, fewer people are willing to accept an empty marriage that lost its love and intimacy long ago. In a recent paper from Bowling Green State University, researchers found the divorce rate for those over 50 has doubled between 1990 and 2010.
  • Divorce after decades means careful consideration about wealth, and often retirement monies as well. While two people can live together less expensively than two can separately, more women and men are choosing to go it alone, understanding the financial difficulties and potentially lowered quality of life that may follow.

By all accounts, the Gores remain happy with their decision and the new opportunities pursued by each party. While causes of divorce are many, changes in time and relationship often spell the end of a marriage.

Free Consultation with Divorce Lawyer in Utah

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 fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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Dating After Divorce

Dating After Divorce

Getting back into the dating world after a divorce can be exciting — as well as incredibly frightening. Before you decide to take this next step in your journey, there are a few questions you should ask yourself to be completely sure you are ready to date.

What outcome do I hope to achieve in this relationship?

What kind of relationship are you looking for? Are you all-in on looking for a new long-term partner, or are you simply looking for something light and fun? You do not have to have a desired outcome set in stone, but you should at least consider what your intentions are and what you hope to achieve.

You don’t have to have a serious intention with a relationship, but it’s good to at least set reasonable expectations so you can be more comfortable if you start to get serious with a new partner.

Have I taken enough time to heal after my divorce?

It can take some time to emotionally heal after a divorce. You should reserve some time for reflection and to get over the tough times you’ve recently experienced. If you are still feeling a lot of pain, hurt or anger, you may need more time before you seriously begin dating again. This is just as much for your potential new partner’s sake as yours — it is unfair to use another person as a means to get over your divorce.

What will I tell my children?

You should not give your children any details they do not need to know. It can be understandably difficult to bring up a new relationship to your kids, but you will not be able to hide it forever. Be as honest as you can, and speak with a counselor if you’d like further advice.

What to Know About Equitable Distribution in Utah

In Utah, the standard for divorcing couples is that their property will be divided in an equitable manner. Note that this does not necessarily mean an equal division, but instead a fair one. When making decisions regarding asset distribution, courts will consider what each spouse brought to the marriage and what each will need once the marriage has ended.

Some of the factors a judge will consider include the following:

  • The income and property each spouse had at the time of marriage and the time of the divorce filing
  • The length of the marriage
  • The age and health of each spouse
  • Any pension, inheritance rights and health insurance either spouse will lose due to the divorce
  • Whether the court has awarded or will award alimony
  • Whether the marital property is liquid or non-liquid
  • Each spouse’s likely financial circumstances in the future
  • The tax consequences of the divorce and asset distribution to each spouse
  • Whether either spouse has purposefully wasted marital assets
  • Whether either spouse has transferred marital property to another person or entity as a means of avoiding distribution

Only property acquired during the course of the marriage is divided by the court, with a few exceptions, such as inheritance or gifts. Examples of marital property include any income earned during the marriage by either spouse, the property purchased using that income, other properties purchased while married, retirement benefits either spouse earned during marriage and the appreciation of any assets (such as real estate or valuables) accrued during the marriage. Businesses and professional practices are also subject to equitable distribution if they can be classified as marital property.

Free Consultation with Divorce Lawyer in Utah

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 fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Why You Need an Attorney for Divorce

Why You Need an Attorney for Divorce

When you file for divorce, you are required to provide the court with certain information. For example, you must give the court the legal authority to actually process your case.

divorce petition — occasionally also referred to as a divorce complaint — allows you to present certain facts that indicate you meet all jurisdictional requirements for the divorce. These conditions vary depending on the state in which you live.

If you have somehow made a mistake regarding the requirements for filing the divorce petition, a court will instantly dismiss it. Your case could also be dismissed if you fail to include any required item in the petition.

That’s not the only way you could make your case more difficult on yourself by improperly filing the petition. You must inform the court on what you are seeking in your divorce. If you do not understand the divorce laws in Utah, you could accidentally leave out requests for benefits to which you are legally entitled, which means you will not get that benefit once the divorce is finalized.

Importance of properly filing your divorce petition

For your divorce proceedings to begin, you must serve your spouse with a copy of the petition. However, you are not allowed to mail it. Instead, you may have a police officer or process server deliver the petition in person. This individual will also deliver what’s called a “summons,” which notifies your spouse of the due date by which he or she needs to respond.

What to Expect as a Witness in a Divorce Deposition

Divorce depositions, like those associated with most other civil cases, involve parties making sworn statements about certain elements of the case in question. This could include information on finances, assets or a variety of other issues.

In some situations, third-party witnesses might get called in to be deposed, as well. Attorneys representing either spouse could reach out and ask to speak to a witness directly to get key information. These witnesses may also sign an affidavit, a sworn written statement that contains information on issues relevant to the divorce case.

What happens at a divorce deposition?

To call in a witness to a divorce deposition, attorneys must serve that witness with a subpoena, either personally or via a police officer or process server. This subpoena will specify when and where the deposition will occur (typically in the office of the deposing attorney). At the deposition, a court reporter will be on hand to record everything the witness says. Both spouses and their divorce lawyers may also be present.

Witnesses in these depositions also have the right to legal counsel. This is especially important if a witness will be asked questions that would be protected by doctor-patient privileges or other sensitive issues. Because there are no judges present, lawyers have the ability to ask just about any question. Witnesses are required to answer honestly, unless an attorney instructs them not to answer at all.

To that end, it’s a good idea to at least speak with a family law attorney ahead of time if you are to be a witness at a deposition. This will give you an opportunity to go over the types of questions you should avoid answering (if applicable) and will give you a better feel for what to expect in this process.

Free Consultation with Divorce Lawyer in Utah

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 fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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4.9 stars – based on 67 reviews


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What Not to Do if You’re About to Get Divorced

What Not to Do if You’re About to Get Divorced

When you’re about to get divorced for the first time, you may start to feel more than a little overwhelmed. Those who are unfamiliar with the divorce process and do not receive proper advice often make some key mistakes that could impact them in the long term.

To that end, the following are some things you should never do before and during your divorce:

  • Speak with financial advisors you cannot trust or understand: You need to be able to get your financial affairs in order before your divorce begins. Any financial advisor you work with should be someone you can trust implicitly and who can explain your financial situation to you in a way you can fully understand.
  • Acting based on your emotions: It’s completely understandable if you feel like an emotional wreck during your divorce. However, you should never let your emotions dictate your actions. This is, of course, much easier said than done, which is why it’s so important to have an attorney who advises you on the strategy that’s right for you.
  • Attempt to conceal your assets: Many people mistakenly believe they can get away with concealing their assets to reduce the amount of their money or possessions subject to the division of assets. This is illegal and could impact your ability to receive a fair settlement if caught.
  • Try to stick to the same standard of living: One of the biggest errors people make during and after their divorce is trying to stick to the same standard of living. Your new financial situation may force you to be much tighter with money than you were previously, at least in the short term. It’s a good idea to get used to your new lifestyle before your divorce than to try to suddenly adjust to it afterward.

Tips for Navigating the Holidays When Dealing with Divorce

The holiday season can be a tough time for families dealing with divorce or separation, especially if there are children involved. There are, however, some ways you can navigate the challenges that come during the holidays in a way that minimizes potential conflict.

Below are a few tips to help you through this time of the year:

  • Consider starting new traditions: Just because you have celebrated one way in the past does not mean you have to repeat those traditions each year. Consider starting new traditions to which you and your family members can look forward.
  • Be flexible: If there are certain traditions you and your former spouse are both unwilling to part with, consider how you can compromise so that you can both enjoy them.
  • Consider what the kids want: Although your children should not be able to make the sole decision as to what you’ll do over the holidays, at least consider their wants and needs. Will they feel cheated if they don’t get to see a certain family member? Are there certain holiday traditions that are particularly meaningful to them?
  • Be transparent about your plans: If it’s going to be impossible for your children to spend time with both parents over the holidays, but you and your former partner have come to an agreement on how you will split holidays moving forward, be sure your children know that next year will be different.
  • Set rules for gifts: Communicate with your former spouse about how much money you will spend on gifts and the budget with which you’ll be working. Substantial differences in the gifts children receive from each parent can breed resentment.

Free Consultation with Divorce Lawyer in Utah

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 fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Negotiating Divorce in Utah

There are some situations in which only one spouse will take part in the divorce proceedings. This could be for a variety of reasons — one spouse may live in a different state, for example, or simply be resistant to the divorce occurring. When only one spouse participates in court, the process is called an ex parte divorce. The divorce will still be valid, so long as you meet certain requirements.

Negotiating Divorce in Utah

First, you must meet the residency requirements of a divorce. You must file your divorce within the state or county that you permanently live, or where you have been present for a certain period of time according to state law. This time period could be anywhere from six weeks to a full year.

Under an ex parte divorce, you have an exception to the normal rule of jurisdiction. This means that the divorce court can have power over a person’s legal rights even if they lack a relationship with the state in question.

Next, you must give notice to your spouse of your intent to file divorce. A person working as a “process server,” typically a local law enforcement officer, delivers this notice. If you do not know where your spouse is currently located, you may have to look into other options to ensure that they get notice of the divorce action.

Once the process has been completed, courts are required to honor divorces that were obtained even in another state.

How to Negotiate a Fair Alimony Arrangement

Like any other aspect of your divorce, you can negotiate an alimony arrangement outside of the courtroom. Doing so allows you to have more control over your future, while also avoiding the expensive, time-consuming process associated with litigation.

Each spouse in a divorce must provide certain financial disclosures at the outset of the divorce, even if it’s obvious which spouse will be making the alimony payments. To determine an appropriate amount of alimony, you will need to consider the following:

  • Separate assets your spouse owns: You are entitled to know the value of any assets your spouse owns independently of you. This includes any assets gained before the marriage.
  • General income and expense reports: A detailed income and expense report will give you a clear picture of how your spouse is spending money. Major disparities in spending and income must be addressed in alimony discussions, especially if one spouse has a lot of money to spend on luxury items.
  • Bonuses and benefits: Additional income is available from overtime and bonuses. This may be unpredictable, but should still be included when calculating alimony. Know if your spouse receives certain work-related benefits such as sick pay, unused vacation pay, health insurance benefits, vehicles paid for by the company or any similar benefits.
  • The needs of the person receiving alimony: The purpose of alimony is to provide the spouse receiving payments with the support he or she needs to maintain a reasonably decent standard of living. Just because there is a large disparity of income does not mean the recipient is going to get large sums of money each month.

Free Consultation with Divorce Lawyer in Utah

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 fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Do I Need a Family Lawyer to get Divorced?

Do I Need a Family Lawyer to get Divorced

Divorce law falls under the umbrella of family law. Very few people are able to effectuate a divorce without the assistance of a lawyer, as this is rarely possible or practical. The best way to protect your rights and your relationship with your children is to seek out the assistance of an attorney who handles family law on a daily basis. An experienced lawyer knows the ins and outs of the process, and can explain each step of the way to you while fighting to protect your interests.

Getting a divorce is more than signing a piece of paper that splits you from your spouse. You may think that there are no bones of contention between you and your spouse, but what often occurs as you move toward final separation is extreme emotion takes over and causes a serious roadblock. Certainly, parties who have legal representation meet these roadblocks too. But the difference is that a skilled divorce attorney knows how to defuse many of these situations and can guide you on which battles are best fought and how to fight them. The right family law attorney will handle your divorce with the proper mix of compassion and aggression in a cost-effective manner.

In the process of your divorce, you can expect to deal with the following issues:

  • Spousal support
  • Division of property and debt
  • Child custody
  • Child support
  • Visitation
  • Prenuptial agreements
  • Postnuptial agreements

How Does the Child’s Preference Affect Custody Proceedings?

When parents divorce, asking children to choose which parent they want to live with can be traumatic for all involved. In some cases, however, children are sufficiently mature to express a reasoned preference. In such cases, the child’s preference can be an important factor in shaping the custody arrangement.

Utah courts determine child custody based on a number of factors intended to protect the interests of the child. A child’s preference is not binding on the court, but judges have discretion to consider it. They often give it significant weight if the child can articulate cogent reasons for the choice. Issues to consider when a child expresses a custody preference include:

  • The older a child is, the more likely a judge is to give weight to the child’s opinion. The judge, however, is likely to independently assess the child’s maturity, regardless of age.
  • Judges are vigilant for signs that a parent has tried to influence the child’s preference. Coached testimony from the child will not only be disregarded, but also may work against the parent who pressured the child.
  • Judges are not required to accept a child’s preference, even if the child is mature. In fact, giving undue weight to a child’s preference in custody proceedings can be grounds for reversal on appeal.

Temporary Spousal Support During Your Divorce

While you are going through a divorce in Utah, temporary maintenance may be awarded to ensure that a lower earning spouse has an adequate standard of living during the time it takes to finalize the dissolution of the marriage. Sometimes, as a divorce lawyer, I see people don’t even think about this. Temporary maintenance (also called spousal support or alimony) is the term used in many states, but the law uses different terms such as temporary alimony or temporary spousal support.

In Utah, the law provides a formula for assessing the amount of temporary maintenance to be paid. By law, temporary maintenance is mandatory when the income of one spouse is two-thirds or less than the income of the other spouse. Temporary maintenance guidelines only apply when this requirement is met.

If the formula kicks in, the higher earning spouse will be expected to pay temporary maintenance. There is a maximum cap for utilizing the formula on the income of the payor.

Under the guidelines, to determine an appropriate amount of temporary maintenance, the court selects the lesser figure that is arrived at by the following calculations:

  • 30 percent of the income of the higher earning payor minus 20 percent of the income of the lower earning spouse
  • 40 percent of the combined income of both spouses. The income of the lower earning spouse is subtracted from this figure.

Free Consultation with Divorce Lawyer in Utah

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 fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Types of Alimony in Utah

Types of Alimony in Utah

When a couple divorces, they are occasionally on uneven ground financially. This may be due to their unequal earning potential or because one has foregone their career aspirations to care for the couple’s children. Under some circumstances, one of the spouses may be required to support the other one financially. This support can be temporary in nature, long-term or even permanent.

Under Utah law, a spouse may seek spousal support to address any number of situations. For some, the need for support is temporary in nature and should last only a few months. For others, however, alimony is required in the long term due to inability to financially provide for his or herself in a manner to which the spouse is accustomed.

Temporary maintenance is sometimes ordered to be paid for a spouse who needs support while the divorce is being finalized. Generally this support is meant to be for only a few months and the obligation terminates once the divorce is final. Once this happens, a judge may decide if the support should continue and may then order the other to pay permanent alimony.

Permanent alimony, on the other hand, is designed to continue, usually on a monthly basis, without stopping unless and until the supported spouse gets remarried. To decide if permanent alimony is warranted, a judge will look at a number of factors. These factors may include the length of marriage, the spouses’ ages, each of their present and future earning potential and the contributions each spouse made during the course of the marriage. Not every judge will order alimony, but the longer a couple is married, the more likely a judge is to order alimony payments.

How Does Infidelity Affect Divorce?

For many couples, infidelity is an unforgivable act of betrayal. It can negatively affect a marriage to the point where divorce is the only option. Each year, a large number of couples end their marriage because one person is unfaithful.

Utah State recently adopted a no-fault divorce law. As a result, Utahers who wish to end their marriage for any reason, including infidelity, may cite that their marriage as irretrievably broken down.

While you may be angry with your spouse for cheating, the court system has no interest in why your marriage failed. Divorce is not a criminal proceeding. As a result, the courts do not punish spouses for being unfaithful.

If your spouse cheats on you, do you get the house? Does cheating affect equitable distribution? You may be surprised to know that equitable distribution is not affected by infidelity. Cheating can devastate an entire family, emotionally harm your children, and end your marriage, but the court is only concerned with obtaining a fair resolution to your marital dissolution. The court views marriage as an economic partnership. As a result, it divides the assets of a marriage equally between each partner.

The only time infidelity can affect equitable distribution, and as a result a divorce proceeding, is if the cheating spouse diverted funds from the marriage to further his or her extra-marital relationship. The court may require the return of the funds used outside the marriage. A skilled and aggressive attorney can fight to determine the amount of those funds and help you retrieve them.

Free Consultation with Divorce Lawyer in Utah

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.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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Financial Planning After Divorce

After a divorce, it can take some time to adjust to your new financial situation. There is less money coming in, but still plenty of expenses to monitor. To that end, it’s important to sit down and closely analyze how a divorce will affect you financially before it is actually made official.

Financial Planning After Divorce

Here are some financial planning considerations to keep in mind as you prepare for life after divorce:

  • Thoroughly analyze your expenses. Many people do not completely realize the financial impact of their divorce until after it happens. To avoid being shocked, sit down and list out every one of your sources of income and your expenses. This will give you an accurate picture of what you can expect your financial state to look like after your divorce.
  • Consider your career. Are you going to need to find another job or embark on a new career to make ends meet? If so, you should start looking into your options right away so you are prepared once the divorce is finalized. Also consider any training you might need for a new career.
  • Figure out your living situation. It might not be realistic to hang on to the family home. Thus, you need to consider where you are going to be living. Will you rent an apartment? Do you have another place lined up? Will you be able to sell the home quickly?
  • Consider what you are losing. You’re not just losing an income. You are also potentially losing health insurance and a variety of benefits, including retirement benefits. All of these benefits should factor into your detailed financial analysis.

Tips for Keeping Your Divorce Relatively Inexpensive

In addition to being stressful for a variety of reasons, divorce can be an expensive process. Between the legal fees, property division, debt responsibilities and other costs, it’s possible you will come away from your divorce with some work to do in terms of rebuilding your financial health and stability.

However, there are some tactics you can use to help keep costs down in the divorce process. The following are just a few of them:

  • Negotiate as much as possible: This might be easier said than done in a contentious divorce, as your former spouse might not be willing to negotiate on certain (or any) issues. But whenever possible, negotiating allows you to compromise and avoid some expenses.
  • List your priorities: Create a full list of priority issues in your divorce, and determine how much you want to negotiate on those issues. This helps you form a plan of action for your negotiations and allows you to set priorities.
  • Be thorough with your record keeping: With the large amount of paperwork associated with a divorce (and marriage), it’s easy to lose track of some items. Be as thorough and meticulous with your record keeping as possible, and keep track of all correspondence, research, court orders, notes and other documents.

Seeking an Annulment in Utah

We’ve written about the difference between getting an annulment or divorce as well as an annulment in Utah. Though annulments have the effect of ending a marriage, they are different in various ways from divorce. Divorce dissolves a marriage, while an annulment declares it void.

Marriage is a legal contract. Just like any other contract, there are certain requires that the contract must meet in order for it to be considered valid. If one of the spouses can show that there was some material issue with the marriage contract, he or she may be successful in annulling the marriage.

Under Utah law, there are five grounds for annulment. The first is that one or both of the spouses was under the age of 18 at the time of the marriage. In order to legally enter into a contract, a person must be an adult (18 years old) at the time. If he or she is not, the contract is not necessarily void, but it is voidable.

A marriage can be annulled if one or both of the spouses was unable to consent due to mental incapacity. This can include any circumstances where one or both of the spouses is unable to give legal consent, such as if one were drunk at the time of the wedding, for example. If one of the spouses can prove that they were mental incapacitated at the time of the wedding, the marriage might be voided. In the same vein as mental incapacitation, if one of the spouses has been mentally ill for at least five years, the other may seek an annulment.

Sexual intercourse is considered part of the legal agreement of a marriage. If one of the spouses is physically unable to partake in sexual intercourse, the marriage may be annulled.

Finally, if a spouse can prove that the marriage was obtained through duress, coercion or fraud, it may be voided. For instance, if one of the spouses was threatened in order to obtain the marriage, this marriage would voidable.

Free Consultation with a Utah Divorce Attorney

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.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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How to Deal with an Angry Spouse During Divorce

How to Deal with an Angry Spouse During Divorce

In some cases, a divorce can get rather contentious. I’ve seen it as a family lawyer.

If you have reason to believe your soon-to-be-former spouse will react with anger, or if you have already experienced this response, it is important to know how to deal with these issues appropriately.

Here are a few examples of what you might expect from an angry spouse and how you should respond:

  • False accusations of abuse. In some situations, one spouse might falsely accuse the other of abuse and seek a restraining order as a means of gaining leverage in the divorce process. You can prevent this from happening by simply refusing to get into any sort of conflict, whether it’s in person, over the phone or via email.
  • Not fulfilling verbal agreements. You might believe you’ve reached an understanding with your spouse about a certain issue, but suddenly he or she reverses course. To prevent this from happening, get every agreement in writing and signed by your spouse. If the other person goes back on his or her word, the document then provides evidence.
  • Limit access to money or assets. Some individuals try to limit their spouse’s access to marital assets. Before you file for divorce, make sure your name is on all of the assets the two of you own together, including bank accounts, credit card accounts, retirement accounts and mortgages. Open your own credit accounts separately as soon as you can to avoid your former spouse damaging your credit.
  • Spying. Your former partner may be tracking all of your activities, including what you are doing online. Do not say or do anything that could compromise you or give your spouse ammunition to use against you during court proceedings.
  • Actual physical or verbal abuse. If your spouse’s anger escalates to the point where he or she becomes truly abusive, it’s time to get law enforcement involved. At this point, the situation has become more serious than you needing to protect your best interests in the divorce — you and your kids could be in actual danger.

Rules to Help You Communicate with Your Former Spouse After Divorce

Although many people who go through a divorce would very much like to never have to see or talk to their former partner ever again, this is unfortunately not a realistic scenario for most couples. If, for example, you have children together, you need to keep in touch regularly if you have any hope of consistent parenting.

Here are some ground rules that can help you to more effectively communicate after a contentious divorce in what is typically an awkward and unpleasant situation:

  • Be smart about how you communicate. Whenever possible, keep all communication in writing if you know there might be a disagreement. If you have to make phone calls, keep them as brief as possible and only talk about what you need to discuss. The longer the communication, the more likely an argument will occur.
  • Stay impersonal. Never discuss any personal issues, as this opens the door up to emotional entanglements. Keep everything strictly business.
  • Do not send messages through children. This can cause a lot of long-term emotional damage to kids. Any communication between the two of you should be conducted directly, rather through an intermediary like your children.
  • Have your own life. You are divorced, which means you no longer need to be concerned about where your former spouse is going, what he or she is doing or thinking or who he or she is seeing. Keeping your lives as separate from each other as possible is the best course of action, and will help you to stay businesslike during your communication.
  • Analyze your relationships with your former partner’s family. If you had been married for some time, it is understandable to want to maintain relationships with your former in-laws. However, it is important you never discuss your former spouse, and maintain the relationship primarily as a friendship.

Free Consultation with Divorce Lawyer in Utah

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 fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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