6 Ways to Protect Yourself During a Utah Divorce

6 Ways to Protect Yourself During a Utah Divorce

Sometimes a divorce is the only option. But don’t rush into it without doing a few things to protect yourself. If you are still communicating with your spouse, it may be smart to discuss a mediated divorce. If not, keeping the following in mind can help:

  • Speak with an attorney. Many divorce attorneys offer free consultations. This is your time to meet with various attorneys not only to decide which lawyer to hire, but to get a better idea out of what you can expect in your divorce.
  • If you have children, don’t move out. Moving out could ruin your chance of gaining custody in the future.
  • Do not sign anything that you’re unsure of. Even informal written agreements can come back to haunt you in court. Always speak with your lawyer before signing anything.
  • Cancel joint credit cards. Be sure to tell your spouse you are canceling a credit card, but also protect yourself against any ludicrous charges that might be made after the separation.
  • Secure records. It is a good idea to secure and make copies of your financial records, including tax returns, credit card statements, loan applications and pay stubs. Also, protect important personal records such as Social Security cards and birth certificates.
  • Make a budget. Divorces aren’t always easy on your wallet. Consider making a budget to help you keep your finances under control during the proceedings.

A Study Finds that 79 Percent of Separations End in Divorce

A new study from researchers at Ohio State University reveals that approximately 79 percent of married couples that separate end up getting divorced.

According to researcher Dmitry Tumin, the majority of separations in America last for one year or less, though some can drag on for many years. While some separations remain unresolved and a few lead to reconciliation, the vast majority end in divorce. I’ve personally seen this as a divorce lawyer. It is very common practice, even in Utah.

The researchers found that the average amount of time for a first separation is approximately four years. For respondents that divorce after separating the average length is three years, and for those who reunite, the average length is two years. There was not a single instance in the study of a couple reuniting after three years of separation. Correspondingly, those separations that last for less than a year are significantly more likely to end in couples reuniting, which means that the longer the separation goes, the more likely it is that a divorce will eventually occur.

These findings, while not particularly surprising, may be of interest for people who are considering separation. Many people separate in hopes that time apart will do their relationship some good, but in reality, it would seem that not much changes during the course of a separation.

There can be some benefits to a separation, including tax breaks and less financial and emotional strain due to divorce court proceedings. However, for some people, separation may seem as though they are simply delaying the inevitable.

What Are My Options If I Want to Get a Divorce?

Most people fear divorce. They do not know what to expect and they are afraid of what may happen during and after the dissolution of their marriage. They are afraid of the costs of divorce and of the large amount of time that may be needed to end their marriage. So instead of facing the problems in their marriage, some choose to stay in a loveless relationship that drains them emotionally, physically and financially. But that only works for a time.

If you reach the point where you would like to get out of your marriage, you should understand that there are a number of ways to go about getting a divorce. While the process may be difficult, it is usually worth the effort.

But forceful attorneys know how to negotiate for a fair resolution of these difficult issues. Sometimes, mediation is the best approach, and experienced divorce lawyers can guide you through the mediation process keeping you out of court while protecting your rights and doing what is best for your family. Most divorces do not go to trial, but with a skilled divorce attorney in your corner you can make sure your rights are protected throughout the divorce process.

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 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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Avoiding a Contentious Divorce

Avoiding a Contentious Divorce

It can be a harrowing experience to bring up the idea of divorce with your spouse. At some point, if you believe divorce is imminent, the conversation is going to have to happen. However, there are certain things you should never do or say during this conversation, as it could hurt you later on.

The following are a few examples:

  • Never make promises about your assets: Avoid promising to leave the home and move elsewhere, or make promises about certain pieces of property you have. Breaking these promises — or making promises you never intended to keep — could come back to haunt you. Only discuss these specifics with your divorce attorney.
  • Never discuss value of specific property: No matter the type of item, you should never offer opinions as to what a specific piece of property is worth. There are many complications that could arise if you do so. Instead, a lawyer will help you get objective appraisals of the value of your property.
  • Never discuss child custody or visitation: Regardless of what you want to happen regarding child custody after your divorce, you should never attempt to discuss this issue during the initial divorce conversation. These decisions are best made by a judge or in formal negotiations in the presence of your attorneys and a trained mediator.
  • Don’t let your emotions get the best of you: This is much easier said than done, as the conversation is likely to be emotional in nature. It can be tempting to hurl insults or yell, but keeping your cool will prevent your spouse from being able to claim you are emotionally unstable and/or unfit to have custody of your kids.
  • Don’t say anything on social media: Keep everything related to your divorce off social media. In fact, consider avoiding social media as much as possible during your divorce, as even innocuous posts could be taken out of context by your spouse’s legal team to be used against you. You can temporarily disable your accounts until your divorce is finalized.

How You Can Navigate a Contentious Divorce

Divorce can be a complex legal process commonly wrought with emotional and financial stresses. Ideally, you would be able to negotiate a divorce settlement quickly and easily, but unfortunately that’s not always possible.

If you have reason to believe your upcoming divorce will be contentious in nature, there are a few things you can do to make sure you get through the process as efficiently as possible.

Always Take the High Road in Divorce

First, be sure to avoid responding to threats — as this is exactly what your ex-spouse wants you to do. If threats become severe or harassing, reach out to the police and have law enforcement officers deal with it rather than responding.

You should also establish a no-contact rule, except for email. You are more likely to react to verbal screaming and insults than you are text-based communication. Plus, through text, you always have a record of what your spouse is saying. If he or she acts abusive in an email, it will reflect poorly on him or her in court.

Rely on your Divorce Lawyer For Help

Don’t be hesitant to have your attorney serve as your intermediary. This can be the best way to navigate a contentious divorce, as it allows you to remove yourself — to some degree — from the emotional stresses of the divorce. Be sure to hire a divorce attorney who is patient and who will answer your questions and address your concerns quickly.

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

Ascent Law LLC

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Reasons People Get Divorced

Divorce can occur suddenly or over the course of many years. I’ve seen it time and again as a divorce lawyer. Some couples decide that it is time to call it quits after many years. Other couples part ways after a few short weeks.

Reasons People Get Divorced

Every divorce case is different. The following list explains some of the most common reasons that people divorce:

  • Infidelity. Some couples manage to get over an instance of infidelity. Others never recover from the break in trust.
  • Communication breakdown. Many marriages end simply because of poor communication.
  • Financial issues. Unfortunately, for spouses throughout the country, love is not enough. Numerous marriages end because of financial difficulty.
  • Sexual incompatibility. A number of marriages end because a couple does not discover until after they are married that they are sexually incompatible.
  • Cultural or religious differences. Such differences can eat away at a marriage until a couple ultimately needs to separate.
  • Lack of children. Some people get married and expect to immediately have children. However, when conception is not possible for whatever reason, they file divorce papers.
  • Substance abuse. When one spouse abuses drugs or alcohol, the chances of divorce increase substantially.
  • Difference in priorities. In some cases, a marriage may end because one spouse has certain priorities and expectations in life that conflict with those of the other spouse.

Couples get divorced for a wide variety of reasons. Sometimes even the couple does not know exactly why their marriage did not work out. But whatever the reason for your divorce, you can benefit from experienced, aggressive legal representation.

How to Recover from Divorce

The time period after a divorce can be very stressful. Although you are likely going to be focused on all the logistics of starting off on a new path by yourself and helping your children cope with the major change in their lives, it’s important to take some time for yourself so you can heal emotionally.

The following are a few tips to help you recover from the stress of a divorce:

  • Let it all out. It’s completely normal to mourn. Divorce is a difficult process, and you cannot truly recover from it before you have given yourself space to do so. Embracing the grieving process helps you to avoid bringing baggage into your life and future relationships.
  • Explore your interests. Spend some time rediscovering who you are as a person. Reserve time to explore your interests and get involved in things that spark your passions. The best way to get started is to ask yourself what you enjoyed doing by yourself before you were married.
  • Do not rush into new relationships. Many recently divorced people want to get into a new relationship as quickly as possible. But by spending time alone and taking it slow in regard to new relationships, you are able to become more comfortable with yourself and more ready to engage with someone new.
  • Spend time with your children. Make sure your children are also recovering from the divorce in a healthy, positive way. Spend time with them, but do not lean on them as friends or confidants. Just make sure they know they are loved and that you are still going to be there for 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 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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Choosing Day Care Because of Divorce

Choosing Day Care Because of Divorce

For parents who have just gone through a divorce or currently going through a divorce, it can be a challenge trying to figure out what they will do to care for their young children, especially if they work long hours. Many divorced parents opt to send their young children to day care. However, when you begin looking into day care facilities, it’s important that you do your due diligence in analyzing them so you can find the best fit for your children.

Some things to look for in any day care include the following:

  • Licensing. Day care centers should be licensed by or registered with a state agency. Look for facilities that are regularly inspected by state officials for health and safety and that have workers that have specialized education and training. These are all good indicators of the kind of quality you’re getting out of a day care center.
  • Staff to child ratio. How many children are watched by caregivers at once? Will your child get the individual attention that he or she needs? Good guidelines are that there should be one adult for every three to four infants, for every four to six children under three, for every 10 children between three and five and for every 12 children five and older.
  • Policies. You should look for day care centers that fall in line with your views regarding discipline. Also investigate how the center handles sick children, and if members are trained in first aid.
  • Safety. Day care centers should be in good neighborhoods, have fire alarms and smoke detectors, perform regular fire drills, have safe playgrounds and equipment and have clean, disinfected toys. Doors should be locked at all times to prevent unwanted visitors.
  • Staff. Do the people who work at the day care center seem like people that you would trust your children with? Sometimes, this gut instinct can tell you a lot about a facility.

Divorce Papers Served Through Facebook

For years, Facebook has been used as a way to connect people, but recently it became the vehicle to sever the bonds of marriage.

While admittedly a nontraditional approach, a Brooklyn judge recently approved the use of Facebook to serve divorce summons. The summons was sent via a private message from a 26-year-old nurse’s Facebook account to the defendant who apparently does not want a divorce.

In this case, the defendant communicated with the plaintiff almost exclusively via Facebook and cell phone. He appears to have no fixed address or place of employment and was unresponsive to other attempts to contact him. According to the ruling, he used a prepaid cell phone with no address. Even the Department of Motor Vehicles had no record of the man. A private detective also unsuccessfully attempted to locate him.

The ruling underscores a sea of change in the way people communicate, with many people almost exclusively communicating through social media sites and cell phones. Allowing service process via the Internet is likely to become more common, according to legal experts. In his opinion, the judge called this type of delivery “the next frontier” and that while it’s a new approach, it accomplishes the goal of ensuring that the defendant is made aware of the fact that he is being sued.

Although this case is unusual, a precedent may already exist for serving legal documents via Facebook. A Utah family court recently approved the delivery of a child support order to an ex-spouse through social media. Before this, notices were left at the last known address or published in a newspaper with no guarantee the defendant would see 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 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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Successful Divorce

For divorced parents (as with any parents), managing the children’s daily routine and long-term welfare poses an ongoing challenge. As a Long Island family law attorney, I see the sad impact that even well-meaning parents can have when the children are put in difficult or uncomfortable situations. And I see the remarkable difference it makes when both parents are on the same page, with their children’s needs at the forefront.

“Divorce in itself will not destroy your children. It is your reaction to the divorce that has the power to destroy their coping mechanisms,” advises Elinor Robin, Ph.D. in her e-zine article, “Divorce Doesn’t Have to Destroy Your Kids…” In fact, that gem is just one of 50 tips the article provides for divorced and divorcing spouses. My personal favorites range from #1, “Call a truce with your ex…” to #46, “Divorce is not an event, it is a process. Allow yourself, your ex-spouse and your children at least two years for readjustment.”

The article also features great notes for:

  • Navigating the perilous waters of being the non-custodial parent
  • Addressing how to make your time together special without spoiling the youngsters
  • Staying connected over the miles with the help of today’s technology
  • Dealing with teens who would rather spend the weekend with their friends than with the source of their child support

For the best way to handle the transition from one parent’s house to the other, see #7 – “… if possible avoid the dreaded switch by structuring your time sharing so that weekends start Friday after school and end with school drop-off on Monday morning.” Brilliant!

Second Time Around: What About a Prenuptial Agreement?

In a marriage without a prenuptial agreement, the assets and liabilities of divorcing couples are split equitably. If you’re considering a second marriage, you should consider a prenuptial agreement to protect your financial well-being.

While the divorce rate is high for first-time couples, it’s even higher for those who marry a second or third time. When you marry for the second time, you may already have children or have received an inheritance or expect one. Creating a prenuptial agreement the second time around gives you a chance to define what is yours and safeguard your wishes for the estate you have built. Think about the following:

  • Be sure both parties to a second marriage understand the need for financial stability during and after marriage. Instead of presenting your future spouse with an agreement to sign, consider using mediation to develop your prenuptial agreement that ensures both parties have equal say — and equal power — to protect assets and make fair agreements. The experience will give you insight into the financial habits of your intended and put both parties on the same page moving forward.
  • Make sure your agreement is strictly and specifically worded to protect assets you intend to bequeath to your children and others. Hold separate all property and assets you do not want to see split if the marriage does.
  • Discuss and define the present debt of both parties and how that will be managed.

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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