Divorce Information on the Internet

Divorce Information on the Internet

If you are reading this, I understand you are already looking for divorce information on the internet.  Here is something you should know:  the cases and the new developments in the law that are listed on the internet are the one in ten thousand rare exception and may not apply to your particular case.

For example, most recently, a Judge in one of our firm’s cases ordered joint shared parenting.  This is a very rare occurrence and was the subject of some internet blogs, and a second case reported by official legal publication.  Because this issue was so unique, it has brought a huge volume of comment and searches.  The “internet spiders” then listed this information as more relevant than all other father’s rights and joint custody information.  It has taken the very few (absolutely rare, one in 10,000 exception cases) and turned them into the most searched cases.  This is why people who are searching for divorce information on the internet must be careful.

On a daily basis we have clients come into the office.  It is important that we are aware of the new developments and we are most often way ahead of all other firms.   I say this with confidence because we have eleven attorneys that are in court every day.  We handle a wider amount of cases, and we are before more Judges than almost any other firm in Utah that exclusively handles matrimonial law.   Therefore, we know the statistics and we know the exceptions to every rule.   However, many of our new clients seem to only know the exceptions to the rules and are not familiar with the rule.

For example, if 10,000 cases are all resolving the same way, that is not news.  That is not something that is going to be picked up by Google searchers.  It is not something that is going to elicit a huge volume of texted, linked (in and out bound) and comments by news worthy sources.  It is only the exceptions to the rule that will be subject to link, sharing, in and out bound, together with a large volume of traffic.  Therefore, people who are searching for joint custody, unique child support problems, or even specific problems with respect to their case and their fact pattern, may only be getting the exceptions to the rule and not what “normally” occurs on a day to day basis in the courthouse.

Think about it, nobody reports on the day to day cases handled by a Judge.  Nobody reports on the law that is practiced daily throughout Utah State, to the same extent, that interest is generated on the exceptions to the rule.  Therefore, rather than spending a huge amount of time searching for information about divorces (and often coming up with just the exceptions to the general rules) it is best to contact an attorney.

It is our opinion and our experience that the larger the firm, the greater amount of cases that a law firm will handle.  Therefore, the law firm will have real and updated information concerning facts and circumstances affecting couples and children in that location.

Furthermore, it is important to note that when a case is “noteworthy” or “newsworthy” it is usually after the case has “lost” twice or more.   Cases in the very lower trial courts in Utah State (Supreme Court) often do not make the news or are newsworthy.   It is only after the attorney or the law firm loses the case, that it is appealed to the Appellate Division.   Thereafter, it may be appealed again to the Court of Appeals.  Then if the case is reversed, or the decision is different or unique, the decision will be noteworthy and it will be the one exception to the rule after a three to five year fight and tens of thousands of dollars.  Do not be mistaken, although the Appellate Division and the Court of Appeals will have precedence and may control future decisions, this takes years and there is usually a reason why the case that comes up first on the internet is different from the average day to day case.    It stands to reason that if there is one out of every 10,000 cases is newsworthy or notable, your specific case has a very poor chance of fitting into the very exact fact pattern.

When looking through various medical websites such as “Web, M.D.” people often see signs and symptoms that they personalize and feel are applicable to themselves.  When looking through the internet, people see just a sampling of the law and the practice of attorneys in matrimonial law.  That sampling is not representative of the average case.  In fact, it is usually just the exception to the rule.   A small amount of legal information is often worse than having a full consultation.  Take a full consultation.  You owe it to yourself and your children.

Free Initial Consultation with a Divorce Attorney

When it’s your divorce on the line, it needs to be done right. So call Ascent Law for your free consultation (801) 676-5506. We want to help you get your divorce done right.

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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Insurance During Divorce

Life insurance is one of the financial assets you must disclose during your divorce as part of the equitable distribution process. But the court can treat your policy any number of ways, depending on your family’s overall circumstances:

  • A piece of property — A whole life policy has cash value. The court may assess the surrender value of the policy and, if premiums were paid with marital property, treat it as an asset of the marital estate. If the policyholder took out the policy before the marriage and continued to pay premiums with separate property, the policy is separate property.
  • Security against support obligations — A court may use the policy as a means of indemnifying a dependent spouse/custodial parent for unpaid obligations.
  • Insurance against the untimely death of a supporting spouse/parent — If the court orders the policyholder to pay child support and/or alimony, the court can also order the life insurance policy maintained in case death prevents the policyholder from providing support.

There are many strategies a party to divorce can employ regarding a life insurance policy, including a restraining order preventing the policy owner from changing the beneficiary. This must be more specific than an order preventing a party from transferring property, because a change in beneficiary is not technically a change in ownership. This order can stay in place until the divorce is finalized and then be incorporated into the divorce decree.

However, if the court distributes the policy as property to the policyholder and does not specifically rule on beneficiary rights, the other spouse generally does not have a right to remain as beneficiary.

The Effect of Facebook on Divorce

A new study presents facts that seem to underpin the idea that a couple splitting up can influence their close friends toward divorce.

The new study looked at data from the Framingham Heart Study, a long-term longitudinal study that follows more than 5,000 residents of Framingham, Massachusetts. To examine factors of cardiovascular health, the original study group has been followed since 1948. Many spouses and children of the original cohort are enrolled in the study, providing substantial data for researchers studying the effects of social networks.

Findings of the study include:

  • The divorce of a close friend, or a friend once removed, significantly increases the possibility of divorce.
  • (In what seems a logical point for this day and age) divorcees are more likely to marry divorcees.
  • People with more friends in their social network are less likely to be divorced, possibly due to supportive friends who help them through the difficult times of any marriage.
  • Divorcees often become less popular when the social network of a couple divides.
  • Children did not prove a factor in divorce, and in fact, the presence of one or more children reduced vulnerability to divorce in a social network.

Because of the homogeneity of the background of participants in the study, the results cannot be considered applicable throughout the United States. For everyone, though, the study does make an important comment that “Divorce should be understood as a collective phenomenon that extends beyond those directly affected.”

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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Child’s School Consistency in Divorce

Child's School Consistency in Divorce

Although it’s somewhat rare, it’s not unheard of for one parent to enroll children in a different school without the permission of the other parent or the court. Obviously, this is usually a problem when the two parents are separated or divorced. In some cases, children even go entirely un-enrolled because the parents have such contentious arguments about which school a child should attend.

It is an unfortunate reality that children sometimes get caught in the crossfire of a contentious divorce. Parents must make every effort to keep their children’s lives as normal and stable as possible, especially when it comes to their education.

Below are a few basic rules all parents should remember regarding this issue:

  • Consistency is crucial: A school is not just the building at which you drop off your kids. It is filled with important relationships your children have built with friends, teachers and staff. Their comfort in their school can help them through what is, even in the best cases, a stressful and turbulent home life.
  • Keep children in their school, if possible: If you can, keep your children in the schools they were already attending, unless both parents agree a move is for the better. Again, having this consistency and maintaining those relationships that have already been built is crucial.
  • Consider expenses: If your children have been attending private school before your divorce, there is a chance you will have to move your children to public school. Private school is often one of the first expenses to be removed after a divorce, as it can become too much for parents to handle.

Study Indicates Living with Partner Before Marriage Increases Likelihood of Divorce

If you have wondered whether living together before marriage has an impact on the quality of marriage, a new study from the Center for Marital and Family Studies indicates that it does. According to the survey performed by the organization targeting couples that have been married for fewer than 10 years, there appears to be a greater likelihood of divorce among couples that lived together before marriage.

The men who responded in the survey rated themselves as being “considerably lower” in how much they are dedicated to their spouses. Other studies performed by the organization have yielded the same findings for women, though to a smaller degree.

Meanwhile, survey respondents that were committed to marrying each other before they began living together did not experience the same lower levels of commitment exhibited in the cohabiting partners.

Researchers at the center posit that some of the men surveyed may have married their spouse even though they might not have done so had they not lived together. The term used was “deciding, not sliding.” The group of people not cohabiting had decided that they were going to be married, whereas the people living together were more likely to “slide” into a marriage because it was the natural next step.

Other statistics reflect the same conclusion. In 2010, the divorce rate for couples cohabiting before engagement was even 8 percent higher than couples cohabiting after engagement but before marriage.

The problem with living together, according to the researchers, is that it seems to be more difficult to “disentangle” yourself from the relationship should it appear to be coming to an end. Therefore it’s easier for people to try to fix the relationship, even if it doesn’t appear that it’s going to work.

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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Family Home in Divorce

Family Home in Divorce

Here at Ascent Law, we’ve found that establishing separate living arrangements — including custody of the family home — is one of the most immediate concerns in divorces.  And since the home is often the couple’s most valuable marital asset, it also represents a significant property issue. This is something that you should speak with a family lawyer about right away if you are thinking about getting divorced.

For now, how do I get my spouse to leave so I can stay in or return to my home?

If you own a home together (or if both names on a rental lease), you can request a court order giving you exclusive occupancy of the marital residence while the divorce is in process. The judge is most likely to give occupancy to the party who needs it most — the person who is the primary caretaker of the children, for example, or the person who is least able to afford another place to live.

Will I end up having to leave my home?

If you and your spouse have a settlement agreement establishing the terms of the divorce – or an existing legal separation agreement – the home will likely be awarded accordingly. Otherwise, it’s up to the court to divide marital property, presumed to include your home, according to Utah’s Equitable Distribution Law.

The judge will want to establish the home’s value, the balance on the mortgage and the taxes. Each spouse’s probable future financial circumstances will be examined, including whether each has the resources to maintain the home independently.

The court may order that the home be sold and the proceeds divided between the spouses. This process can be delayed until a future date – for instance, after the children have graduated from high school.

Important Things to Know About Taxes After Divorce

One of the most important tasks to complete when going through a divorce is planning for your financial future. A part of this is determining your tax outlook after the divorce is finalized. If you live in Utah, or if you’ve been in Salt Lake County for more than 3 months and are thinking about divorce, make sure you call a divorce lawyer in Salt Lake City Utah for help with your situation.

Paying taxes is always at least somewhat complicated, but a divorce can make matters even more difficult. However, with the help of an experienced attorney, you will be able to navigate your taxes after your divorce without a problem. Below are a few issues you will need to consider:

Filing status in Divorce

If your marriage has not officially ended, you may file your taxes in several ways. These include “married filing jointly,” “married filing separately” or, in some cases, “head of household.”

You’re considered “married” or “divorced” based on your marital status on the final day of the calendar year. If you were single as of December 31, you were considered single for the entire tax year. If you are divorcing (but still married) as of December 31, you may file your taxes as married. This is typically the best option for both parties, as it offers the biggest tax breaks.

Exemptions in Divorce

If you have children, it might be helpful to file as the head of the household if you are the custodial parent. This offers you lower tax rates and allows you to claim your children as dependents.

Property ownership and Divorce

If you own joint property, you might wonder who is responsible for paying taxes on it. Any income from joint property is kept by the person who ends up with the asset, and so that person must also pay the associated taxes.

Deductions in Divorce

Legal fees connected to a divorce are not deductible — and neither are child support payments. However, alimony payments are deductible for the payer and taxable to the recipient, under certain conditions.

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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401k in Divorce

Retirement plans like 401(k)s are plans companies offer to their employees. This means that a 401(k) is not an asset you and your spouse jointly own — it is instead a benefit offered to one person by his or her employer.

401k in Divorce

A common question in divorce cases is whether you can split the payouts of a retirement account if you do not work for the same employer as your spouse. The answer is yes, but only if you meet the requirements of the federal laws pertaining 401(k)s, known as ERISA (the Employee Retirement Income Security Act of 1974) and the Internal Revenue Code.

Federal law does not allow an employee’s 401(k) to be assigned to another person, even a spouse. This law ensures the benefits will go to the employee upon his or her retirement.

There is, however, an exception for an “alternate payee.” If the proper procedures are followed in compliance with ERISA, the local divorce court may order distributions to the spouse.

How this process works

After the divorce court determines the 401(k) will be split, the court must approve a special order, called a Qualified Domestic Relations Order (QDRO). This is the tool used to transfer assets from the person who owns the 401(k) to his or her former spouse. This is the only means by which an individual can receive nontaxable payouts through his or her former partner’s 401(k).

In most cases, the portion of that 401(k) that goes to the spouse will be transferred to the spouse’s own individual retirement account (IRA) to avoid taxation. A QDRO may also be used to assign part of a 401(k) to a child or a dependent to satisfy child support obligations.

Tips for Summer Visitation for Divorced Parents

During the summer months, your children likely do not have nearly as much routine in their schedules as they do between the months of September and May. As such, you might find it necessary to adjust your custody and visitation schedules so that you can accommodate your children’s needs and your own work schedule.

Below are a few tips for summer visitation for divorced parents:

  • Prepare yourself for longer visitations: If you are the custodial parent, prepare yourself for your child to have longer visitation times with the other parent. This is a normal arrangement for divorced parents — your child might go on a vacation with your former partner, for example. Make sure you know where your child will be and how to contact him or her. Get an itinerary for the vacation and be sure the other parent knows your child’s capabilities for activities such as hiking, swimming and biking.
  • Keep in touch: When your child does go away for longer visitations during the summer, stay in touch. If he or she has a cell phone, you can call a few times per week to check in and make sure everything is going well. Unless you feel your child is in danger, don’t try to stay constantly connected to your child. Doing so could cause unnecessary conflict with your child and/or the other parent.
  • Prepare your child: Depending on your child’s age and how long you have been divorced, he or she might not have spent more than a couple days away from you before. For these longer summer visitations, be sure your child understands he or she will be with their other parent, and that you two will be together again soon. Do not say anything about the separation being difficult for you — focus instead on preparing your child to have fun.

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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Marriages fail for a variety of reasons. However, with the help of a tenacious attorney, you can rebuild your life. Divorce is one option. However, depending on the circumstances of your marriage, you may go through a contested or uncontested divorce.

Considering Divorce

I am Considering Divorce. Is Legal Separation an Option?

While an uncontested divorce is quick and cost effective, a contested divorce can last weeks and even months. For some people, separation is a better option. At first glance, legal separation looks a lot like divorce. You live in a different location from your spouse and you determine who gets custody of your children. However, on paper, you are still legally married. We’ve written about the different between divorce and legal separation on this page, this page, and this page.

Below are the benefits of separation:

  • Possibility of reconciliation. First, separation may be the right choice for you and your spouse if you are having problems but feel that divorce is too permanent. Separation allows you to reconcile with your spouse if after a period you are able to work things out.
  • Tax benefits. Since you are still legally married, you can continue to file your income taxes as a married couple.
  • Religious benefits. Separation is also the right choice for you if you or your spouse practices a religion that does not approve of divorce.
  • Insurance benefits. Lastly, separation is a good choice if a couple would like to retain employer-based health insurance benefits.

Legal separation may be the first step toward reconciliation or toward ending a marriage. Either way, though, you need an experienced and committed attorney who can advise you and protect your best interests throughout the process.

Alimony Tax Changes Could Make Divorces More Difficult

Figuring out alimony has never been a simple task for divorce attorneys. Alimony arrangements often become the subject of dispute during the divorce negotiation process. The new tax regulations signed into law by President Donald Trump in December could make determining alimony arrangements even more difficult.

For the past several decades, the rules with regard to alimony taxation were clear. Payers could deduct these payments from their taxes, while recipients were responsible for paying taxes on any payments received.

The Tax Cuts and Jobs Act makes significant changes to these rules. Now, in all divorces finalized after December 31, 2018, those paying alimony will no longer be able to deduct those payments on their taxes. And, individuals receiving alimony will no longer have to pay taxes on that money.

Effect of the tax changes in Divorce

It has only been a couple months since the bill was signed into law, and attorneys are still working to adjust and determine how their negotiation tactics will need to change.

The greatest expected impact of these changes is that settlement negotiations could become more complicated. Now that there is much more financial disparity at stake in alimony arrangements, those involved in a divorce may be much less willing to compromise with regard to spousal support issues.

Proponents of the changes say it levels the playing field between divorced and married couples, as some divorced individuals had benefited from tax breaks to which married couples did not have access.

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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Documents to Bring to Divorce Lawyer

Your divorce lawyer is there to help you through the divorce process. To assist you, your attorney needs to obtain a full picture of your situation. Why you want a divorce, what you expect out of one, and a snapshot of your financial situation are key to helping your lawyer understand how best to advise you on moving forward with your divorce. Before you meet with your lawyer, ask yourself some questions and examine your situation.

Documents to Bring to Divorce Lawyer

Your first meeting with your attorney will serve to flesh out your situation. Your lawyer will ask questions to obtain an understanding of your case. You need to express your intentions and answer honestly.

You should bring the following with you to help your lawyer understand and prepare your case:

  • Your contact information, including home and work addresses and phone numbers
  • Certificate of marriage
  • Pay stubs
  • Loan information, including any car loans
  • Tax returns
  • Information on mortgages
  • Any prenuptial agreement
  • Bank account numbers and statements
  • Adoption decrees, if any children are adopted
  • Credit card statements
  • Deeds of properties
  • Pension information
  • Trust information
  • A list of extremely valuable assets, such as art or jewelry

Your lawyer may request you bring other documentation, depending on your circumstances. Gathering this information and providing it to your attorney saves time in preparing your case and is a cost-effective measure.

Does Utah Still Have Lifetime Alimony?

Utah State recently reformed many aspects of its Domestic Relations Law, including rules for permanent alimony. The new law creates an advisory schedule for the duration of permanent alimony based on the length of the marriage:

  • From 0 up to and including 15 years — Alimony may last anywhere from 15 percent to 30 percent of the marriage’s length.
  • More than 15 up to and including 20 years — Alimony may last anywhere from 30 to 40 percent of the marriage’s length.
  • More than 20 years — Alimony may last anywhere from 35 to 50 percent of the marriage’s length.

The court is not required to follow this schedule and may consider other factors, listed elsewhere in the law, as the bases for deciding the alimony amount. A judge who declines to use the schedule must present a written decision citing the factors considered. When setting the duration of alimony, the court must also consider the impact that retirement might have on the available assets and benefits. Alimony of any duration terminates upon the passing of one of the spouses.

The new law seems to favor very short terms of spousal maintenance for marriages of short duration, while setting a maximum recommended term of 10 years. Since the law is new, it’s impossible to say how heavily judges will rely on the new schedule. However, the law does leave open the possibility of lifetime alimony in cases the court finds appropriate.

When Assets Go to Waste in Divorce

Which of these examples would be considered marital waste?

  • Upon being asked for a divorce, a spouse goes on a spending spree, running up the balance on jointly held credit cards.
  • Throughout the marriage, a spouse drinks to excess and gambles away the proceeds of an investment account held by the couple.
  • A couple separates when one spouse learns the other has been having an affair for several years, using marital monies to fund the relationship.

The answer is all of them. The marital estate comprises the possessions, assets, goods and liabilities a couple brings to the table during a divorce. In Utah, property is divided equitably. Reaching an agreement with your spouse during divorce that divides assets fairly benefits you both. Failing to do so means the court will divide your assets.

Sometimes a spouse unfairly uses, loses or wastes value of the marital estate. The court looks at marital waste as wasteful dissipation of marital assets and takes the unjust use of assets into account when making decisions about the division of property.

While some cases of marital waste seem obvious, others are less so. If one spouse takes out a business loan, struggles to make the enterprise work and loses the business in the end, the marital estate is diminished and possibly saddled with debt. Nevertheless, the undertaking was done in good faith with the idea of improving the economic condition of the couple.

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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In some cases, a divorce court may include stipulations stating that one spouse is responsible for paying debt on credit cards that were taken out in their former spouse’s name. Of course, the concern then becomes that the ex-spouse will take advantage of this arrangement and rack up massive bills in the hopes that you will not notice and will be responsible for these new payments, even if you are only legally responsible for paying off existing marital debt.

Divorce and Credit Cards

This can be a difficult issue to navigate, depending on how receptive and helpful the credit card company is. You might, for example, request to have all bills sent directly to you so you can see how much you owe and what is being charged (and when). However, credit card companies do have privacy rules you will need to navigate, and if the cards were taken out in your spouse’s name, it can be hard to get that information. You might also find it hard to close out accounts that aren’t in your name, especially if your former partner is being uncooperative.

What should you do about credit card debt?

Of course, it’s still important that you take the necessary steps to ensure you aren’t paying for anything more than the debts for which you are legally responsible through your divorce decree. The credit card companies don’t care where the money is coming from — they just want to be paid. So your best option is to go back through the court system.

Visit the judge who handed down your divorce decree. Ask the judge to order your former partner to deliver all copies of credit card statements to you immediately. This will provide you with accurate information about charges that were incurred during the course of the marriage and could also pave the way for you to be repaid if you paid anything more than what was necessary.

My Spouse is Disobeying Direct Court Orders — Now What?

Most of the time, you can trust that if a court hands down direct orders to your spouse on a divorce-related issue, that spouse will comply. However, there are plenty of circumstances in which divorcing spouses will either violate court orders or fail to obey them entirely. What do you do if this becomes an issue in your case?

If you let your spouse get away with violating a court order once, there’s nothing stopping them from trying to do it again and again. Therefore, if your spouse violates an order, it’s important to address it immediately. Contact your attorney as soon as you can and have him or her send a letter to your spouse (or your spouse’s attorney) to resolve the issue right away.

Additional steps may be necessary

If the letter route doesn’t work, you are going to have to go to the court to have the order enforced. Your attorney will file a document called a “motion to enforce a court order,” which serves as a written request for the court to intervene in the case. At this point, the judge could proceed in any of several ways:

  • Demanding your spouse follow the order immediately
  • Requiring your spouse to completely fulfill their obligations on overdue payments
  • Holding your spouse in contempt of court for a failure to meet the obligations of the original court order, which could result in fines or jailing (depending on the circumstances)
  • Ordering your spouse to pay you back for any attorney’s fees and other costs you incurred due to bringing the motion

There are some situations in which urgent matters might require immediate court attention, but in most cases, this is how you can expect matters to proceed if you’re dealing with an uncooperative individual.

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

4.9 stars – based on 67 reviews


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West Jordan Utah Divorce Lawyer

Divorce Attorney Utah

Dіvоrсе іѕ a lеgаl рrосееdіng whеrе dіѕѕоlutіоn оf mаrrіаgе tаkеѕ рlасе. It rерrеѕеntѕ twо раrtіеѕ, thе huѕbаnd, аnd thе wіfе. A thіrd раrtу еxіѕtѕ, whаt іѕ knоwn tо bе the nеutrаl оnе – thе lаwуеr. Thе rоlе оf thе аttоrnеу іn a dіvоrсе is еxtrеmеlу hеаvу thаt nо ѕіnglе dіvоrсе ѕеttlеmеnt саn еvеr bе рrосеѕѕеd wіthоut hіrіng оnе. Sо іt іѕ іmроrtаnt for уоu tо ѕеlесt the bеѕt. In Utаh, whеrе dіvоrсе lаwуеrѕ ѕееm tо drор bу аt еvеrу оthеr соrnеr, сhооѕіng thе fіnеѕt аttоrnеу ѕееmѕ tо bе аn аddіtіоnаl hаѕѕlе, аѕіdе frоm thе rоllеrсоаѕtеr rіdе thе dіvоrсе оffеrѕ. But fоr уоu tо gеt оut оf іt аlіvе аnd kісkіng, уоu hаvе tо gеt hоld оf thе tор dіvоrсе аttоrnеу. Thіѕ аrtісlе wіll hеlр уоu рісk thе lаwуеr іn thаt wіll hооk уоu аnd уоur раrtnеr a реасеful dіvоrсе аgrееmеnt.

Aѕk Arоund аnd Aѕk Plеntу

Gеt hоld оf thе оріnіоnѕ аnd rеfеrrаlѕ оf реорlе уоu реrѕоnаllу іn Utаh thаt knоw thаt hаvе undеrgоnе thе ѕаmе ѕіtuаtіоnѕ аnd hаvе рullеd аll the rіght rореѕ іn thе еnd. Aѕk thеm іf thеу саn rесоmmеnd ѕоmеоnе whо іѕ nоt juѕt a rеаl еxреrt оn thе fіеld, but аlѕо wіll tаkе gооd саrе оf thе сlіеnt’ѕ ѕресіаl nееdѕ. But dоn’t gеt tоо сарtіvаtеd wіth thе соmmеndаtіоn. Thе dіvоrсе lаwуеr mіght wоrk fоr уоur Mіdtоwn frіеnd, but nоt wіth уоu.

Sсhеdulе a Cоnѕultаtіоn

Now thаt уоu hаvе ѕnоореd іn ѕоmе fееdbасk, іt іѕ tіmе fоr уоu tо mееt thе rеаl thіng. Make аn арроіntmеnt fоr аn іntеrvіеw wіth thе ѕеvеrаl lаwуеrѕ whо аrе еxреrtѕ іn dіvоrсе lаwѕ lіvіng іn Utаh thаt made іn уоur lіѕt. Yоu wіll not knоw a реrѕоn unlеѕѕ уоu meet hіm/hеr аnd gеt іntо a соnvеrѕаtіоn. Thіѕ ѕеrvеѕ аѕ аn іnіtіаl соnѕultаtіоn, ѕо bе rеаdу wіth уоur ԛuеѕtіоnѕ- аbоut раѕt dіvоrсе trіаl еxреrіеnсеѕ, fееѕ tо bе сhаrgеd, thе аррrоасh оf rерrеѕеntаtіоn, ѕuссеѕѕ hіѕtоrіеѕ. Iѕ hе/ѕhе particular wіth уоur wаntѕ? Dоеѕ thе аttоrnеу hеlр уоu wіth thе орtіоnѕ? Trу tо аѕѕеѕѕ іf thе аttоrnеу іѕ соmfоrtаblе tо wоrk wіth аnd іѕ tеrrіblу fосuѕ оn уоur nееdѕ аѕ a сlіеnt.

Lооk at thе сrеdеntіаlѕ аnd еxреrіеnсе hіѕtоrіеѕ

Utаh dіvоrсе lаwуеrѕ A, B, аnd C mаdе іt thrоugh thе fіrѕt рhаѕе. Thе ѕесоnd раrt оf thе ѕеаrсh іѕ tо gаthеr thе сrіtісаl іnfоrmаtіоn аbоut thеm. Lооk fоr thеіr сrеdеntіаlѕ. Thеу ѕhоuld hаvе a wіdе rаngе оf еxреrіеnсе іn Fаmіlу Lаw, whеrе dіvоrсе іѕ саtеgоrіzеd іntо. Hоw mаnу years оf рrасtісе? Hоw mаnу dіvоrсе соurt ѕеttlеmеntѕ hаѕ thе lаwуеr hаndlеd іn thе раѕt? Thе mоrе еxроѕеd a lawyer hаd bееn, thе bеttеr. This аѕѕurеѕ уоu thаt уоu wіll nоt gо tо bе a lаb rаt оf lаwуеr grappling fоr mоrе trіаl еxреrіеnсе.

Sееk fоr Fееdbасk frоm Fоrmеr Clіеntѕ

Utаh іѕ a bіg state, аnd rерutаtіоn іѕ аlwауѕ оn thе lіnе. It wіll hеlр іf уоu саn аѕk fоr ѕоmе testimonials frоm раѕt сlіеntѕ. You can check out our Testimonials for Ascent Lawtestimonial page to see some of the testimonials we’ve received. Dо nоt bе аѕhаmеd tо соntасt a fеw; реорlе lоvе to tеll you еxасtlу whаt thеу thіnk! Thеу wіll undеrѕtаnd уоu bесаuѕе thеу hаvе bееn thеrе. Yоu аrе nоt tо рrоbе thеіr dіvоrсе ѕtоrіеѕ, but уоu аrе соntасtіng thеm tо аѕk аbоut сlіеnt-lаwуеr rеlаtіоnѕhірѕ. Thе рurроѕе іѕ fоr уоu tо gаіn a rеfеrrеd іnѕіght, nоt juѕt rеlу оn уоur рurеlу thеоrеtісаl vіеw.

During marriage, couples acquire the rights to some of the property and assets, as well as debts, acquired by one or both of them. Marital property doesn’t include things that are considered “separate property “owned by either spouse, for example, property owned before marriage, inheritance, gifts, property specifically excluded by valid prenuptial agreements, and property gained after legally separating. In addition, keep in mind that you are also on the hook still for your separate debts from before marriage.

Equitable Distribution vs. Community Property

There are two ways states divide marital property: equitable distribution and community property. Utah is an equitable distribution or common law state, which is the majority marital property legal system. However, large numbers of people, especially in the Western U.S., live in community property states. This means marital property in Utah isn’t automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce. In Utah, marital property is divided “equitably” or fairly, which may not be an even 50-50. Usually for longer marriages, it is about 50% to each party. For short-term marriages, the court generally puts people back to their position before the marriage, such as giving people what they had before the marriage and typically what they made during the marriage. Parties can agree on how they want to divide the property outside of court, but a judge will review it to ensure it’s fair.
Community Property: Utah is an equitable distribution state that doesn’t have community property laws. However, Utah has enacted the Uniform Disposition of Community Property Rights at Death Act (UDCPRDA). The UCDPRDA allows a person who lived in a state with community property for its marital property laws and then moved to a state without community property (namely, Utah) to not lose any pre-existing property rights.
Dower and Curtsey: Like most states, Utah has abolished the old common law legal concepts of dower and curtsey rights. If you’re divorcing, your property and debts need will need to be divided. It’s a good idea to consult with an experienced Utah divorce lawyer to discuss your rights and options, so you don’t accidentally waive your rights to marital property. If your spouse has recently died and you want to understand your rights to marital property as a surviving spouse, you should speak to a knowledgeable Utah estate administration lawyer.

Filing the Petition for Divorce

Divorce proceedings do not officially begin until one party files a petition for divorce. While a petition for divorce will address many issues, such as alimony/spousal support, child custody, parent-time/visitation, and several other things that will be discussed below, there are at least two preliminary factors that must be addressed in the petition: the grounds for divorce, and jurisdiction of the court.
• Grounds for Divorce: In Utah, you must have grounds in order to obtain a divorce. It is very common for divorcing couples to cite “irreconcilable differences” as grounds for their divorce, however Utah law provides that any of the following reasons are sufficient:
I. impotency of one of the spouses at the time of marriage;
II. adultery;
III. if one of the spouses left/deserted the other for more than one year;
IV. one of the spouse’s willful neglect to provide for the other the common necessities of life;
V. habitual drunkenness;
VI. conviction for a felony crime;
VII. cruel treatment by one spouse to the other to the point of causing bodily injury or great mental distress;
VIII. irreconcilable differences;
IX. incurable insanity;
X. when the two spouses have been living separately under a “decree of separate maintenance” for three consecutive years without living together.
• Proper Venue: A person must file their petition for divorce in the district court where one of the parties has resided for at least three consecutive months prior to the filing of the petition.
• Child Custody Jurisdiction: Similar to divorce jurisdiction above, a court must have jurisdiction in order to make legal and binding decisions when it comes to the custody of children. If the custody of minor children are at issue in the divorce, then whoever files the petition for divorce must make sure that either Utah is the “home state” of the child at the time the petition for divorce is filed, or Utah was the “home state” of the child within six months prior to the filing of the petition for divorce and one of the parents currently lives in Utah. The “home state” of the child means the state in which a child lived with a parent for at least six consecutive months immediately before the petition or divorce was filed.

Does it Matter Which Spouse Files For Divorce?

Generally no, it doesn’t matter which spouse files for divorce. There is no legal advantage to filing the petition for divorce first; however, there may be strategically advantages. Whoever files the petition first chooses which court will be hearing the divorce. This can be an advantage if the parties live fairly far away from each other. For example, if Wife lives in Utah County and files the petition for divorce there, and Husband lives in Weber County, then Husband must make the hour and a half drive to Utah County for all necessary court proceedings. Also, whoever files the petition first has the option of setting the initial tone of the divorce proceedings.

Serving Your Spouse with the Divorce Papers

Once you file your petition for divorce, you must have the petition along with a summons served to your spouse by a constable or process server. These documents must be delivered to your spouse within 120 days from the day you filed your petition for divorce with the court.

Answer & Counter Petition

The opposing party (or the spouse who did not file the petition for divorce) must respond to the petition for divorce within 21 days from the time they were served with the petition, or 30 days if they are living outside the state of Utah. This is called the “answer.” The opposing party’s answer may also be accompanied by a counter petition, which is that spouse’s own petition for divorce containing a list of their demands and issues they wish the court to address.

Default Judgment

If the other spouse does not file an answer within 21 days from the time they were served with the petition for divorce, then the filing spouse may move the court to enter judgment on their behalf. Default judgment is when the court enters judgment on behalf of one party because the other party fails to take action.

90 Day Waiting Period

In Utah, a court cannot enter a final decree of divorce until 90 days after the initial filing of the petition for divorce. This 90 day waiting period may be waived in extraordinary circumstances, or if the other party agrees to waive the waiting period, but a judge will ultimately make the final decision.

Parenting-Plan (If Minor Children are Involved)

Both parties to a divorce must attach a parenting plan to their divorce petition, or to their answer to the divorce petition, if there are minor children involved. A parenting plan is a document that details how the divorcing parents are going to share their parental responsibilities and care for the minor child(ren).

Temporary Orders In Divorce

Either party can request that the court enter temporary orders in their divorce proceeding. Temporary orders address certain issues that can’t or shouldn’t be put off until the divorce has been finalized, such as child custody, parent time, child support, spousal support, property division, or money for attorney fees. If the court grants a temporary order, that order will typically be in effect until the court enters the final decree of divorce, which will contain permanent orders overriding any existing temporary orders.

Attorney Fees (For Spouses that Cannot Afford Their Own Attorney)

Utah law provides that if one spouse is unable to pay the costs necessary to defend himself/herself in a divorce action, a court may order the other spouse to pay for his/her reasonable attorney fees, witness fees, court costs, and other necessary expenses so long as they have the financial resources to do so.

Divorce Mediation

Mediation is the process by which both parties to a divorce attempt to resolve their disputes without the intervention of the court or a judge. Both parties, and their attorneys if they have them, will meet with a neutral third party called a mediator. A mediator is skilled in the area of divorce negotiations, well informed concerning divorce law, and qualified to help both parties fashion an agreement that addresses their key concerns.

Benefits of Mediation

Mediation is similar to negotiation in that both parties must come to the mediation prepared to give and take. Mediation will be fruitless if one party is unwilling to be flexible in their demands. While mediation can sometimes be a frustrating process, it can also help the parties to lessen the detrimental impact of divorce proceedings on children, reduce the overall stress of litigating every divorce issue in court, and save the parties a significant amount of money.

Outcome of Mediation

If mediation results in a settlement between the parties then the parties will submit the terms of their settlement to the court in the form of a stipulation. The court will then enter the terms of the stipulation in the form of a Decree of Divorce. If the parties do not settle their case in mediation, then the parties will proceed with the litigation process.

Divorce Discovery

Discovery is a time period in a lawsuit which provides both sides of the case the opportunity to uncover evidence that can be used to either prove or disprove their case.
The discovery process can include:
• Initial Disclosures: Each party must provide the opposing party with certain items of evidence, or discovery, listed in the Utah Rules of Civil Procedure here and here. These include the names, addresses, and telephone numbers of those individuals likely to have information in support of the disclosing party’s claims or defenses, or those individuals that will be presenting facts at trial. Additionally, parties provide copies of all documents that they intend to offer at trial in support of their claims or defenses.
• Financial Declarations: Each party must disclose to the opposing party a fully completed court-approved financial declaration accompanied by all its attachments. This includes copies of financial statements verifying income and expenses, tax returns, W-2 forms, pay stubs, loan applications, and documents verifying the value of any interest in real estate.
• Depositions: A deposition is where either side’s attorney interviews an individual (e.g. a witness intending to testify at trial, or one of the divorcing parties) and that interview is taken under oath and is recorded. It is similar to what someone would experience if they were on the witness stand in the courtroom, except depositions usually take place inside a law office where no judge is present. The attorney will ask questions related to the issues the divorcing couples are litigating/disputing over. The recorded transcript from the deposition will later be used in trial.
• Requests for Admission: These are used to force the opposing party to admit certain facts related to their case.
• Interrogatories: Interrogatories are a list of questions that enable attorneys to uncover both general and specific information from the opposing party.
• Requests for Production of Documents: The court allows each party to see documents containing evidence that is relevant to the issues in dispute. These requests could be served on the opposing party to uncover evidence such as financial records, witness statements, photographs, recorded material, digital material, etc. In most Utah divorce cases, parties will be allowed to make five (5) requests for production of documents.

Divorce Motions

Motions take place throughout the discovery period, and are requests made by either side asking the court to approve a certain action or prevent a certain action. For example, motions can be made for temporary orders, as discussed above, or for other purposes such as to prevent the opposing party from obtaining certain evidence (such as financial records, or certain documents kept by your attorney). You may file a motion in an attempt to force the other side to provide certain evidence that they are keeping from you, or to prevent certain witnesses from testifying. There really is no limit as to what may be requested in a motion, but ultimately a judge decides whether your motion is granted or denied.

Custody Evaluation In Divorce

If the parties cannot agree on custody and parent-time/visitation, the court may order a custody evaluation on its own or at the request of one of the parties. The purpose of a custody evaluation is to provide the court with information it can use to make decisions regarding custody and parent-time/visitation arrangements that are in the child’s best interests. Custody evaluations are usually performed by licensed clinical social workers, psychologists, psychiatrists, or licensed marriage and family therapists, and are typically quite expensive with costs ranging between $2,500 and $8,000 depending on the number of adults and children involved and the amount of information that needs to be gathered.

Some of the factors that will be considered in a custody evaluation include:
• Each parent’s capacity to parent
• The developmental, emotional, and physical needs of the child
• The child’s preference
• Benefits of keeping siblings together
• The strength of the bond between the child and each parent
• The moral character and emotional stability of each parent
• The duration and depth of desire for custody
• The ability to provide personal rather than surrogate care
• Significant impairment of ability to function as a parent through drug abuse, excessive drinking, or other causes
• Reasons for having relinquished custody in the past
• Religious compatibility between each parent and the child
• Financial conditions of each parent
• Evidence of abuse of the child, another child, or the spouse

Pretrial Conference Divorce

Prior to scheduling a trial date for any issues not resolved in mediation or other settlement negotiations, the parties to a divorce must meet with a judge or commissioner in a pretrial conference. The purpose of a pretrial conference is to discuss the issues pending for trial and encourage settlement. After a pretrial conference the parties usually have a better idea as to the strength of their case, or at least how the judge or commissioner perceives the strength of their case, and therefore may be more likely to settle on certain issues that they weren’t previously willing to settle on.

Divorce Trial

If the parties have not reached a settlement on some or all of the issues in dispute, then a trial will be held where both parties are provided the opportunity to present their case. Each party may provide witness testimony, documentation, and other evidence bearing some significance on the issues at hand. At trial, evidence regarding any or all of the issues below will be presented.
• Custody: There are two types of custody: physical custody and legal custody. Physical custody deals with the amount of overnights a child spends at each of the parents’ homes, and legal custody deals with the rights, privileges, duties, and powers of a parent in bringing up a child.
• Parent Time / Visitation. The amount of parent time to which a non-custodial parent is entitled is provided by statute. However, in many cases parent-time/visitation issues are tailored to fit the individual needs of the children and the parties in the case at hand.
• Child Support: The amount of child support a parent must pay is determined by how much money the parent makes, how many overnights the child will be spending with the parent, and whether the parent already has other child support and alimony obligations.
• Alimony: Whether or not one of the parties to a Utah divorce is entitled to alimony depends on a number of factors, such as their financial condition, the ability of the payor spouse to pay, the length of the marriage, and whether one of the parties engaged in wrongful conduct during the marriage.
• Splitting Assets: In a Utah divorce, courts will divide property between spouses equitably (fairly). Equitable division of property doesn’t always mean that each spouse will receive 50% of the assets. A court will consider the monetary value of the assets, but it will also consider all the circumstances of the divorce and the individual parties. If a spouse inherited, was given, or brought property into the marriage, that property may be protected property and therefore not subject to division.
• Debt Division: Utah courts divide debts in a divorce similar to the way they divide property: debts will be divided fairly. Typically, debts entered into during the marriage will be divided between spouses while personal debts entered into by one of the spouses before the marriage will not be divided.

Final Decree of Divorce

After trial, a judge will decide on the issues disputed between the two parties. Once he has decided on these issues, he will enter the Final Decree of Divorce. A Final Decree of Divorce grants the divorce and concludes the case. It will include certain provisions and orders regarding custody, parent-time, alimony, child support, and other orders the court deems appropriate.

Divorce Appeal

If a party wants to appeal the court’s final decree of divorce, or any provisions contained therein, they may do so 30 days after the final decree has been entered.

Uncontested Divorce in Utah

Divorce can be devastating; however, uncontested divorces are often less devastating to your finances and sanity than contested ones. Your divorce does not have to become a soap opera. Instead, Utah’s uncontested divorce process allows spouses to reach an agreement on their own and avoid the stress and anxiety associated with attending a trial before a judge. The uncontested process can be relatively quick, and certainly less expensive than taking a divorce to trial.
The following is a list of some of the major issues that must be resolved between you and your spouse before filing an uncontested divorce action in Utah:
• division of real estate and personal property
• division of debts and assets
• child custody and visitation if you and your spouse have minor children
• child support, health and insurance coverage
• alimony or spousal support, and
• any other issues related to your marriage.
Beginning the Uncontested Divorce Process in Utah
To obtain an uncontested divorce in Utah you must meet the following criteria:
• you or your spouse have resided in Utah for at least 3 months, if minor children are involved, you must have resided in Utah for 6 months
• you and your spouse have agreed on all issues in your divorce, and
• child support and spousal support, custody and visitation are not requested, or there is a written agreement signed and notarized by both parties resolving those issues.

Bе Cоnсеrnеd wіth thе Othеr Dеtаіlѕ

Thіngѕ like thе buіldіng lосаtіоnѕ аnd оffісе іntеrіоrѕ ѕhоuld bе рut іntо соnѕіdеrаtіоnѕ; уоu don’t wаnt tо be іn trаffіс in Utаh fоr hеаvеn’ѕ ѕаkе. Yоu ѕurеlу dоn’t mіnd gоіng tо a сlіеnt mееtіng, nоtwіthѕtаndіng drіvіng fоr аn hоur? Offісе іntеrіоrѕ ѕhоuld bе tіdу, рrеѕеntаblе аnd wеll-оrgаnіzеd. If thе lаwуеr саnnоt аrrаngе thе mеѕѕ оf hіѕ/hеr оffісе, mоrе ѕо a dіvоrсе рrосееdіng. Alѕо, сhесk thе ѕtаff. If thеrе іѕ a dеfісіеnсу оf ѕtаff, сhаnсеѕ аrе уоur lаwуеr’ѕ tіmе wіll bе tоrn bеtwееn ѕtudуіng уоur саѕе аnd аnѕwеrіng рhоnе calls.

We have satellite offices throughout Utah, and our main office is in West Jordan. We also accept cases in tall courts located in South Jordan, Salt Lake City, Sandy, Midvale, Riverton, Draper, Magna, Alpine, Lehi, Tooele, Grantsville, American Fork, Pleasant Grove, Bountiful, Woods Cross, Lindon, Centerville, Orem, Park City, Midway, Farmington, Provo, Layton, and Heber City.

Please call us today for your free initial divorce consultation.

Call:(801) 676-5506

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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Additional Information

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Ascent Law St. George Utah Office

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Divorce vs. Legal Separation in Utah

Divorce vs. Legal Separation in Utah

Divorce and Legal Separation typically go hand in hand, but they are not the same thing. Depending on your personal situation and relationship with your spouse, one option may be better for you than the other. Understanding the key differences can help you decide what is best for you.

Divorce

Divorce is the legal dissolution of a marriage via the court system. After divorce, both parties can legally remarry. However, there are some rights and benefits of marriage that will be lost in divorce. These may include tax benefits, health insurance (including dental and vision), some forms of life insurance, government benefits, etc. To know what the specific legal consequences of divorce would be for you, consulting a Utah lawyer is your best option.

Divorce entails a full and complete division and separation of all assets and resources, which can be expensive and may require extensive amounts of time. If you are interested in marrying someone else, or that is something you think you may want to do in the future, you surely need to get divorced. You don’t want to commit bigamy and be in violation of Utah’s criminal laws. Thus, divorce may be the right choice for you if the relationship between you and your spouse is unsalvageable or if there are other severe circumstances that cause you to feel that divorce is the proper and prudent action to take.

Legal Separation

divorce vs legal separation in utah

Legal separation is a court order that defines the rights and duties of a married couple who is living apart, but still wishes to remain legally married. It may continue on to a divorce decree later, but this is not always the case. Often, legal separation allows each party to retain the legal benefits of marriage, because it does not legally dissolve the marital union.

However, there are still issues in regards to separate maintenance, and child custody and child/spousal support that must be determined either between the parties via negotiation or mediation or ultimately through court. Additionally, all debts acquired by each spouse after separation will still be treated as joint debt.

Legal Separation may be the right choice for you if the circumstances of your relationship make you want to avoid divorce. Nevertheless, it is important to consult a lawyer about your options and what is best for your situation.

So, Legal Separation vs. Divorce – How Do I Know What the Best Choice Is?

Every situation and relationship is different. There are countless emotional and material investments and commitments entrenched in marriage, and these things take time and help to adequately sort through during the processes of separation and divorce.

If you are considering legal separation instead of divorce, communication is the key factor. We recommend setting aside some time to sit across a table and discussing the situation. Sometimes having a frank chat about what is going on and how to resolve the conflict and issues can be a huge step forward to getting a separation agreement listed out. We understand that emotions play a role and it might be too hard to do. If that’s the case, you should look at mediation. If you can’t really communicate well with your spouse anymore, or if they shut down at the thought of getting things resolved; then, the next step should be to call us to talk about moving forward.

One of the main reasons we see people seeking a legal separation instead of a divorce is for medical insurance. If you get divorced, your ex-spouse (ex-husband or ex-wife) cannot be on your health insurance policy. If neither of you intend on remarrying soon, this is an option to keep the other party on your insurance policy.

Another reason we see for legal separation is because the parties are older and they have no intention of getting divorced — meaning, they know they are not getting remarried, so they don’t want to get divorced. One last reason that is common is for religious reasons. Some people believe that divorce is a sin under their religious beliefs and so, a legal separation is preferred for that couple so they do not impair their relationship with God.

All of these and other reasons are valid and important. You should weigh the pros and cons of divorce versus legal separation in your specific situation and what you arrive at will be the right choice for you.

Turning a Legal Separation into a Divorce in Utah

Once a legal separation order has been signed by a court in Utah; you can later convert that order of separation into a divorce decree in the future. You should contact a family law attorney or our office and we can file a motion to convert the order to a divorce decree. Your spouse may object and has the right to do so. If an objection is filed with the court; then, a hearing will likely be held by the court. We have to show that the court has jurisdiction and grounds to grant a divorce. Most do not contest the conversion from a legal separation to a divorce when the time comes. Even if your spouse does contest the conversion from a separation order to a divorce decree; as long as you meet the jurisdiction and grounds for divorce and the paperwork is in order, the court will grant the divorce. There is no law in Utah that forces you to stay married to your spouse. A divorce based on irreconcilable differences is always permitted.

Conclusion

Divorce or Legal Separation is never an enjoyable process. They are almost always painful and difficult. However, it may be necessary and even the best decision you can make, depending on your situation. If you are suffering, it is time to end the suffering. If you know inside that separation or divorce is right for you; you should follow your inner voice and let it guide you. There is no reason to suffer any more than you already have. In spite of everything, it is possible to come out of this painful and unpleasant situation successfully.

Learning more about divorce and legal separation is important in figuring out what the best path for you to take is. There are a lot of factors and steps to take in both processes and it is important to be familiar with what both divorce and separation entail. We are more than happy to help you work through these difficult situations, and can help you in figuring out what options are the best for your and your specific circumstances.

For more information about divorce and separation, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 676-5506 today.

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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