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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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

Ascent Law LLC

4.9 stars – based on 67 reviews


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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

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

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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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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

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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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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

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