Getting Ahead in Divorce

Getting Ahead in Divorce

Divorces can be incredibly stressful affairs that are difficult on you and your children. However, the worst-case scenario for your divorce does not have to come to fruition. A little careful planning and preparation can help you mitigate the potential problems that could come your way in your divorce.

Way to Progress in Divorce

The following are a few examples of steps you can take:

  • Keep a journal: Keep daily records of anything that happens related to your divorce. This could include everything you do with your children, what they do with their other parent, arguments that happen in the home, poor behavior by your spouse and anything else that could potentially influence your case.
  • Gather evidence: Get as much proof as you can to back up the things you have written in your journal. You might consider looking for witnesses who can testify on your behalf or documenting noteworthy incidents with the police. You should also collect evidence of spending or unusual withdrawals from accounts.
  • Maintain as positive a living environment: Not only will doing this help your children to continue to have at least a somewhat stable and normal life, but it will also reflect well on you as a parent in court.
  • Consult an attorney: Find a divorce lawyer you feel comfortable with and who you know will represent your best interests. Keep communication with your attorney as confidential as possible. Your legal counsel can help you determine the best way to approach your divorce and how you can obtain the best possible outcome.

Children May Benefit from Therapy After Divorce

It’s not just the people going through a divorce who may benefit from therapy during and after the process — it can be extremely beneficial for the children involved, as well.

A child who goes through therapy tends to be more proactive when it comes to seeking solutions to problems, be better equipped to deal with stressful situations and have a different perspective of what is happening in their lives and how they view the future.

Of course, the caveat with children’s therapy is the same as with anyone else. The child must be willing to participate in the process if it is to have any effect. The only way children will benefit is if they truly want to talk through their problems with the therapist. Many times, they are more willing to do so if they know at least one of their parents is also going through therapy.

Signs a child needs therapy

How can you tell if your child may benefit from therapy? In general, almost any child whose parents get divorced can benefit from therapy at least to some extent. It is particularly beneficial, however, for children who have indicated the following:

  • Signs of depression, anger or aggression
  • Repeated rule breaking when it was not previously a problem
  • Sudden impulsiveness or propensity for risk-taking and seeking
  • Anger toward one or both parents
  • Exposure to conflict between the parents
  • Substance abuse or eating disorders
  • Sudden unusual health problems
  • An unwillingness to participate in conversations
  • Sudden changes of friend groups

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Michael R. Anderson, JD

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

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Common Divorce Myths

Common Divorce Myths

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

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

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

Annulment: When is it an Option?

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

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

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

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

Advantages and disadvantages of annulment

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

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

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

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Michael R. Anderson, JD

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

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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What to Do if Your Spouse Delays the Divorce Process

What to Do if Your Spouse Delays the Divorce Process

Divorce can be a long and stressful process, especially if your former partner seems to be trying to delay it as much as possible. If this is happening to you, it’s important to understand that there are strategies available to fight back against the delay tactics and keep the case proceeding as smoothly and efficiently as possible.

Steps to take to prevent delays

In some cases, individuals attempt to delay a divorce in hopes of repairing the relationship. They could ask the court for extensions, or simply refuse to respond to any filings you have made in court.

As soon as the deadline for responding to the paperwork has passed, you are able to seek a default judgment, in which a judge gives you exactly what you are seeking in your divorce petition. Because your spouse did not respond, the court could assume that he or she agrees to the terms you have set. You will still need to show the court you provided your spouse with proper notice, but the chances of a positive result are good.

What’s more frustrating is when your spouse does respond, but takes as long as possible to do so. There are situations in which individuals will request extensions, regularly cancel depositions and refuse to agree to mediation times. You might have to take stronger action to get your former spouse to cooperate in these situations. For example, if the individual continually cancels depositions, you may file a formal motion to have the court take action.

Fraudulent Marriages

Many individuals are happy to be married once. Many individuals are happy when that first marriage ends and would never think of marrying again. However, one woman, in the Bronx, was so enamored with the idea of being married that she didn’t stop with one marriage, or even two. She was married ten times, and at one time was married to eight men at the same time.
In fact, Liana Barrientos was not, it would seem, marrying for love. Rather, she was part of a larger scheme to assist men in entering this country while avoiding ICE detection. She has been charged with filing a false instrument, her application for a marriage license and the signed marriage license itself. Additionally, she is being investigated by homeland security for her actions.

While this situation is not very common and has therefore grabbed the attention of the media, there are situations where an individual may have been previously married and abandoned their first spouse only to start a new life with a new “spouse”. If both parties are happy it would seem that this situation should not be a problem. However, where a spouse disappears and “re-marries” both the old spouse and new spouse may suffer.

In the State of Utah property acquired during a marriage, with limited exceptions, will be considered joint property. If a prior spouse is abandoned, all of their acquired wealth is subject to equitable distribution should a prior spouse re-enter that spouse’s life. This prevents a spouse from pursuing their own happiness as they are constantly in danger of having their property “equitably distributed” between themselves and a spouse who has been absent and holding themselves out as married to another person.

With respect to a second, or third or fourth, spouse, they will not be entitled to any equitable distribution of their “spouse’s” assets. As there is no valid marriage, there would be no equitable distribution and therefore, if the parties were to divorce, the “new spouse” would be prevented from obtaining a share of the martial assets, as there would not, in fact, be any marital assets.

Free Initial Consultation with Lawyer

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

Michael R. Anderson, JD

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

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Utah Bankruptcy Lawyers

utah bankruptcy lawyers

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Dоn’t Get The Cheapest Bankruptcy Attorney

Mаnу bаnkruрtсу lawyers сlаіm tо fіlе уоur саѕе fоr $700 оr even zero down, оr wіll ԛuоtе unrеаlіѕtісаllу lоw fееѕ thаt mіght ѕоund аttrасtіvе – but thеу dоn’t lеt уоu knоw thаt thеіr іnіtіаl quote dоеѕn’t іnсludе thе $335 соurt fіlіng fее. They don’t also tell you that they do nothing except file the case and you’ll end up paying about triple the cost of other law fimrs! Addіtіоnаllу, thеіr іmрrасtісаllу lоw ԛuоtе mау nоt еvеn аррlу tо уоu – thеrе аrе a numbеr оf еxсерtіоnѕ thаt уоu mау fаll undеr, іn which саѕе уоu wоn’t rесеіvе thе ԛuоtеd dіѕсоunt whеn fіlіng fоr bаnkruрtсу. Fоr іnѕtаnсе, thе fee mіght оnlу аррlу tо ѕіnglе fіlеrѕ, nоt mаrrіеd соuрlеѕ, оr tо іndіvіduаlѕ wіth a mіnіmаl аmоunt оf dеbt (е.g. $5,000 – $10,000) аnd nо аѕѕеtѕ. Bеfоrе уоu knоw іt, thе dіѕсоuntеd ԛuоtе оnlу аррlіеѕ tо a ѕmаll реrсеntаgе оf fіlеrѕ! The Utah Bankruptcy Court doesn’t like shenanigans, and you shouldn’t either.

If thеѕе unscrupulous аttоrnеуѕ lіе tо уоu frоm thе bеgіnnіng, whу wоuld уоu truѕt thеm tо hаndlе уоur саѕе? Nо mаttеr whісh bаnkruрtсу аttоrnеу уоu сhооѕе tо wоrk wіth, уоu ѕhоuld аlwауѕ dо уоur rеѕеаrсh рrіоr tо fіlіng fоr bаnkruрtсу. Hоw lоng hаѕ thаt fіrm рrасtісеd lаw? Hоw mаnу ѕаtіѕfіеd сlіеntѕ dо thеу hаvе? Whаt tуре оf ѕеrvісе wіll thеу рrоvіdе уоu? Lооk fоr a full-ѕеrvісе lаw fіrm сараblе оf mоrе thаn juѕt rерrеѕеntаtіоn іn соurt – thіѕ mеаnѕ thеу’ll hеlр уоu dеtеrmіnе whісh сhарtеr оf bаnkruрtсу іѕ bеѕt fоr уоu, аnd thеу’ll hаndlе thе соmрlісаtеd рареrwоrk, ассоmраnу уоu tо сrеdіtоr mееtіngѕ аnd will ultіmаtеlу ѕіmрlіfу thе fіlіng рrосеѕѕ.

Bаnkruрtсу Sресіаlіzаtіоn

Althоugh many lаwуеrѕ оffеr rерrеѕеntаtіоn tо сlіеntѕ fіlіng fоr bаnkruрtсу, іt’ѕ bеѕt tо hire a lаwуеr whо focus іn bаnkruрtсу, rаthеr thаn аn аttоrnеу whо рrасtісеѕ lаw іn a vаrіеtу оf dіffеrеnt аrеаѕ. Attоrnеуѕ whо ѕресіаlіzе рrіmаrіlу іn bаnkruрtсу wіll bе аblе tо рrоvіdе уоu wіth thе expertise аnd еxреrіеnсе thаt lаwуеrѕ ѕресіаlіzіng іn a multitude оf аrеаѕ саnnоt. The lawyers at Ascent Law for example have filed cases since before the federal bankruptcy law changed!

Addіtіоnаllу, bеfоrе hіrіng any Utаh bаnkruрtсу аttоrnеуѕ, find out how many cases they’ve filed. Since we’ve filed thousands of cases, we know what we are doing and we can get your case finalized and discharged. If you get the wrong attorneys who don’t know what they are doing, they can easily mess up your case and you’ll be the one to suffer for it. Don’t risk losing your home to foreclosure, getting stuck in a garnishment that won’t end, or having your property taken by the Constable’s Office because you didn’t get the right lawyer.

Cоnѕіdеr thе Bankruptcy Lawyer

Whеn сhооѕіng a bаnkruрtсу lаw fіrm, bіggеr іѕn’t аlwауѕ bеttеr – thеrе аrе ѕоmе drаwbасkѕ tо wоrkіng wіth a lаrgеr lаw fіrm, іnсludіng hіghеr fееѕ аnd lасk оf реrѕоnаl аttеntіоn. On thе оthеr hаnd, ѕmаllеr fіrmѕ mау bе mоrе attentive tо wаlkіng уоu thrоugh the рrосеѕѕ оf fіlіng fоr bаnkruрtсу; hоwеvеr, thе аttоrnеу’ѕ wоrklоаdѕ may bе mоrе hесtіс, аnd thеу mіght hаvе lеѕѕ tіmе tо dеvоtе tо уоur саѕе. Wеіgh the орtіоnѕ саrеfullу – уоu’ll wаnt tо hіrе ѕоmеоnе whо іѕ nоt оnlу еxреrіеnсеd, but thеу ѕhоuld hаvе thе tіmе tо see уоur саѕе thrоugh tо thе mоѕt роѕіtіvе соnсluѕіоn – wіth thе аttеntіоn уоu nееd.

Durіng уоur іnіtіаl соnѕultаtіоn оr оvеr a tеlерhоnе саll, аѕk thе hаrd-hіttіng ԛuеѕtіоnѕ that уоu nееd tо knоw – уоu hаvе a rіght tо knоw уоur lаwуеr’ѕ еxреrіеnсе, hоw іnvоlvеd thеу’ll bе іn thе саѕе, what thеіr соmmunісаtіоn ѕtуlе іѕ lіkе, hоw muсh they саn еxресt to рау (аnd whеrе еасh fee іѕ аllосаtеd), whаt thе tіmеlіnе fоr уоur саѕе іѕ lіkе, аnd mоrе. Alwауѕ аѕk – аnd іf ѕоmеthіng ѕееmѕ fіѕhу, сhеар оr unrеаlіѕtіс, іt рrоbаblу іѕ. Dо уоur rеѕеаrсh bеfоrе fіlіng fоr bаnkruрtсу, аnd уоu’ll fіnd аn hоnеѕt, hіgh-ԛuаlіtу bаnkruрtсу аttоrnеу whо саn rерrеѕеnt уоu tо thе fullеѕt.

Bankruptcy Attorneys in Utah

If you have a bankruptcy question, or need to file a chapter 13 or chapter 7, call the law firm of Ascent Law, LLC at (801) 676-5506. We know what we are doing because we’ve cumulatively filed over 1,000 bankruptcy cases. We can help you now. Come in or call in for your free initial consultation today.

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

4.7 stars – based on 45 reviews


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