Do I Have to Endure a Long Court Battle to Get Divorced?

Do I Have to Endure a Long Court Battle to Get Divorced

There is no easy answer to this question. Every divorce case is different. However, the majority of divorce cases are uncontested. This means that the couple was able to agree on issues like alimony, child support, and custody without the assistance of the court. Uncontested divorces are resolved quickly and no court battle occurs.

People think every divorce ends with a long, drawn-out, and contentious clash that involves ridiculous theatrics. This occurs mostly on television, and rarely in the real world.

Child custody is an issue that may cause a divorce to require litigation. However, having an experienced and aggressive attorney by your side can reduce the chances of conflict with your spouse. If litigation becomes inevitable, the court will determine child custody primarily based on what is in the best interests of the children.

Another issue that may lead to litigation is the division of property and assets. However, in many cases, a couple can sit down with their respective attorneys and discuss who gets what without the need of a trial.

If you must go to trial, the cost and length of your divorce will depend greatly on the lawyers you choose to represent you. Avoid hiring a friend or family member who practices law. There are many different types of attorneys and the wrong kind can actually hurt your case. You need a law firm that has extensive experience handling family law and divorce cases.

Avoiding a Divorce

Divorce is a difficult process fraught with stress, anger, sadness, and grief. It can take a number of years and be costly if you are dealing with a spouse who refuses to be reasonable or who is vindictive. Some things that you can attempt to do to strengthen your relationship in the hope of avoiding the differences that lead to divorce include the following:

  • Communicate with your partner. Listen with an open mind. Have a dialogue about the things that bother you or that you need from your partner. Each partner needs to be able to talk openly.
  • Accept change. People grow and goals change over time. Unless you are willing to grow together, your relationship has a strong chance of dying.
  • Spend time together. You need couple time. The only way to know one another and to appreciate each other is to make time away from the demands of life. Some couples set Friday night or a Sunday morning as their time to talk and catch up.
  • Get the help of a professional. Marriage counseling can provide an opportunity for the two of you to talk openly about the things that are bothering you.
  • Bring back a little spontaneity and romance. Boredom can ruin a relationship. Ask your spouse to help you find something new that you can do together to make life more interesting to you both.

If you find you are unable to rescue your marriage, divorce may be the best option. A skilled divorce attorney is available to discuss your situation and advise you.

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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Impact of Divorce on Retirement

Impact of Divorce on Retirement

While divorce rates for Americans overall appear to be falling, older Americans are still getting divorced at fairly high rates. According to Bloomberg, this has led to some interesting outcomes in terms of how older Americans are working and retiring.

Approximately one in five Americans over the age of 65 are still working, a record numbers. In fact, this is twice as many as in the early 1980s, and by far the most since Medicare was launched in the mid-1960s. Many experts are linking these trends to the divorce rate in the Baby Boomer generation, as these later breakups are forcing people to delay their retirements.

Divorce Has a Greater Impact on Women

A joint study at Boston College and Mathematica Policy Research also indicates that this higher level of monetary stress is also playing a significant role in the numbers of older women who are returning to the workforce.

According to the study, the later a woman gets divorced, the more likely it is she will be working full time late in her life. The roughly 56,000 women in the study who divorced while in their 50s were about 10 percentage points more likely to be working full time between the ages of 50 and 74 compared to women who divorced before the age of 30.

Additionally, women who were born in the early 1950s were 19 percentage points more likely to be working full time after the age of 50 than women who were born in the 1920s, with factors such as race and education controlled in the study.

Men without Full-Time Jobs Most Likely to Get Divorced

A recent Harvard University Department of Sociology study has revealed that men who do not have a full-time job may be more likely to get divorced than their peers.

The study suggests that despite what many people think, factors like a couple’s current earnings or a wife’s ability to support herself post-divorce do not really play a role in whether a couple will get divorced.

Researchers looked at data on divorcing couples between 1975 and 2011. What they found was that whether or not husbands were engaged in full-time work outside of the home was strongly linked with the couple’s risk of getting divorced. However, couples who got married before that time period were more likely to be affected by the amount of housework being done by the wife.

This appears to mean that what matters is not the cash itself, but rather the employment status and division of labor at home — and their symbolic value. Researchers posit that these gendered expectations of each spouse have a significant impact on the health of a relationship.

Predicting the risk of divorce

Researchers analyzed data collected in the Panel Study of Income Dynamics, focusing on 6,300 couples in their first marriages. In marriages since 1975 in which the husband did not work full time outside of the home for any reason that was not his choice (including trouble finding a job or having lost a job), the average risk for divorce within the next year was 3.3 percent. That’s compared to just 2.5 percent for husbands who were employed full time.

Thus, while the idea of the “male breadwinner” might seem like it’s becoming an outdated cultural trope, it still appears to have an influence on the status of many relationships.

Free Initial Consultation with a Lawyer in Utah

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

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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Electronic Data in a Divorce

Electronic Data in a Divorce

In today’s digital-heavy age, it has become increasingly likely that electronic assets will become subject to a review during the divorce process. To that end, it’s important to think about what will happen to your emails, texts, Facebook posts, Tweets and other electronic communications and data.

You might consider having your legal team dig into your social media posts and electronic communications before your spouse’s attorney has the chance to do so. However, this can only do so much — going on a mass deletion spree likely will not reflect well on you in the eyes of the court. There are some steps you can take to mitigate the potential damage your online data could cause:

  • Limit your online activity: You might consider deactivating your social media profiles or simply scaling back how much you post and the types of things you share. Never post anything about new relationships, spending or anything that could reflect poorly on you in a divorce case.
  • Change your passwords and security questions: These steps will help you to ensure your spouse will not be able to access your accounts.
  • Use a brand-new email account: You will likely want to change your email address at some point anyway, especially if you plan on changing your name back to your maiden name. You might as well get ahead and use a new address to conduct your personal business that you know will be inaccessible to your spouse.

  • Tighten privacy settings whenever possible: If you do continue to use social media, make sure you limit the people who can see the things you are posting.
  • Control devices and storage: If you share devices or cloud storage accounts with your spouse, make sure you keep control of them as much as possible. It can also be a good idea to turn off location tracking functionality.

Backlog of Divorces Can Make It Harder to Get Divorced in Utah

For the last several years, the state of Utah has had a significant backlog of divorce cases clogging up its courts, making the process longer and more difficult for couples statewide.

According to information from the Utah Office of Court Administration, there were approximately 4,500 contested divorces left pending from last year — up by 10 percent since the year before. Some pending divorces take up to a year to process.

What’s causing the delays?

Divorce attorneys point to several factors that may have led to the increase in waiting times for contested divorces. Budget cuts are, of course, always a factor that must be considered.

Perhaps the most significant factor, however, has been a change to state law a few years ago that allowed couples in Utah to file for “no-fault” divorces. Previously, couples had to prove certain grounds for divorce, such as adultery or cruelty. Now that there is a more streamlined process and there are not as many restrictions on who can file for divorce in the state, there has been a notable increase in people getting divorced.

It’s worth noting that some experts point to improved economic conditions as a reason for the increase in divorce cases since 2010.

Because of a lack of resources, couples often must wait for months for a court to hear their case. This can be understandably frustrating for those who just want to get the process over with and move on with their lives.

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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Common Divorce Myths

Common Divorce Myths

People who are going through their first divorce never quite know exactly what to expect. We may know others who have gone through the process, but every divorce is different and there are many types of challenges that may arise.

There are a number of myths and misconceptions surrounding the divorce process that may make individuals even more anxious than they already would be. Here are a few of those myths:

  • Visitation can be denied. Just because a former partner falls behind on child support payments does not mean he or she may be denied visitation access. Visitation and child support are entirely separate issues.
  • Divorce itself can be denied. Although you do need to file a divorce petition with a judge, the judge cannot deny your request. There are certain steps you will have to go through, but if you want a divorce, you will most likely get it.
  • Mothers always get custody. While it is true that more mothers get primary custody than fathers, this is not because of any inherent bias in the law. The judge will give custody to whichever parent is deemed more fit to have full or primary custody of the children.
  • Child support may be avoided. Every child has a right to financial support. You cannot avoid this responsibility, and attempting to do so could land you in serious legal and financial trouble.
  • Adultery drastically affects a divorce outcome. Although cheating on a spouse could lead to the divorce happening in the first place, it does not mean you are more likely to lose out during the division of marital assets and property.
  • Assets will be split down the middle. Assets are split equitably — not necessarily equally. There are many factors judges consider when it comes to dividing property, and in this case, “fair” is not necessarily “equal.”

Annulment: When is it an Option?

Just like a divorce, a civil annulment ends a marriage. However, the effect of an annulment is that the law will not recognize the marriage as ever having existed.

It is not easy to get an annulment. Your marriage can only be annulled on certain grounds, such as:

  • One spouse was not of sound mind at the commencement of the marriage and was thereby unable to give consent due to mental impairment or the influence of alcohol or drugs
  • One spouse was forced into the marriage against his or her will, whether by threat of physical force or some form of extortion or coercion

  • One spouse made fraudulent statements, without which the other spouse would not have agreed to marry that person
  • One spouse had a physical impairment unknown to the other spouse that prevented the couple from being able to consummate the marriage
  • The marriage itself was illegal and automatically invalid for reasons such as bigamy, one spouse being under the age of consent or the marriage being incestuous

Advantages and disadvantages of annulment

Before you consider seeking an annulment, it is important to consider the pros and cons of doing so.

In terms of advantages, the law will treat the marriage as though it never existed, which means you will not have to worry about issues such as property division. If children are involved, the court will still have to consider support and custody arrangements, as annulments do not affect whether children born during the marriage are considered legitimate.

The major disadvantage of an annulment is that proving you have the grounds for one can be difficult and expensive. You must be able to prove, without question, that one of the above grounds existed at the time of the wedding, which could take some significant investigation and court time. There are also time limits on annulments, meaning your opportunity may have passed.

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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Can I Divorce My Spouse If He or She Is In Jail?

Can I Divorce My Spouse If He or She Is In Jail

The short answer is yes.  Yes, you can divorce your spouse if they are in jail.  According to Domestic Relations Laws in Utah, incarceration in prison does not preclude an individual from filing for divorce against a spouse or having divorce filed against him or her by a spouse. In fact, imprisonment for three continuous years or longer is acceptable grounds for divorce in Utah.

There are two options for divorcing a spouse who is imprisoned:

  • If the sentence is for three years or longer and at least three years have been served, the non-incarcerated spouse can file for fault-based divorces on grounds of imprisonment.
  • If the sentence is for less than three years or if less than three years have passed, the imprisonment grounds are not yet valid. But either spouse can file on no-fault grounds, citing irretrievable breakdown of the marriage (or the non-incarcerated spouse can wait the full three years before filing).

Additionally, the non-incarcerated spouse has up to five years following his or her spouse’s release from prison during which the incarceration grounds remain valid, if at least three continuous years of the sentence were served.

How do I initiate divorce from my incarcerated spouse?

First and foremost, in order to obtain a divorce from an incarcerated husband or wife, you must meet residency requirements in Utah. As the spouse filing for fault-based divorce, you’ll have to serve your incarcerated spouse with the appropriate documents — a Summons, a Complaint and an Affidavit of Service — all of which your attorney can help you prepare.

Filing for divorce while incarcerated

If you are in prison and wish to divorce your non-incarcerated spouse, you can do so by citing irretrievable breakdown, or, if you have reason to believe that fault-based grounds such as adultery occurred, you can cite that. It should be noted that you are entitled to a court-assigned divorce attorney if you cannot afford representation on your own.

Understanding Your Children’s Legal Rights

Minor children under the age of 18 years old are afforded certain rights to protect their best interests as they grow up. It is important that divorcing parents understand the legal rights of their children so that they can report any violations to their attorney or local authorities. The following are several key legal rights of kids:

  • Right to proper care: The state of Utah has laws in place that protect the fundamental needs of children. When an individual becomes a parent, they are responsible for providing proper shelter, food, clothing and health care to their child. Parents who do not provide these necessities for their children may have parental rights taken away.

  • Right to education: All children have a right to attend school. In the case of disabled children, schools must provide special education for the child whenever possible. Divorced parents are responsible for ensuring that the child is properly enrolled in school and facilitating all necessary transportation and financial support needed to secure an education.
  • Right to legal representation: If you fear your child may be abused or neglected while in the other parent’s care, you may enlist the support of an attorney who can help you modify custody orders with the help of a judge. The court places the best interests of children as a top priority in all custody and child support proceedings.
  • Right to court-ordered visitation: When a judge grants a noncustodial parent visitation rights, it means that the child is legally permitted to spend time building a relationship with the parent. Parents with custody cannot interfere with visitation schedules or attempt to restrict the child’s access to the noncustodial parent.

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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Divorce Lawyer in Salt Lake City Utah

divorce lawyer in salt lake city utah

Divorce Lawyer in Salt Lake City Utah

You know, over the years, we have represented hundreds of people just like you in divorce cases. Divorce can be scary, emotional, hurtful, and one of the hardest experiences of your life. There is no doubt that a divorce will affect you emotionally and financially. Some never recover from what happens to them.

Whether you need help with your child custody situation: drop offs, pick ups, travel time, schedules, homework, progress reports, traveling, sick days, etc. We get it. We have kids too. We know life can get hard and overwhelming when you are neck deep in divorce.

We want to help you through this tough time in your life.

There is no doubt that you can make it through. You can do it. We are here to help.

When you need a trusted legal adviser to help you through your divorce or custody matter in Utah, be sure to give us a call. We want to help you navigate the divorce case in Salt Lake City Utah.

Free Initial Divorce Consultation

We know you have questions. We have answers. Call us today at (801) 676-5506 to schedule your free, no hassle, no obligation, initial divorce consultation with a licensed attorney at Ascent Law, LLC. You’ll be glad you did.

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

Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews


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