Today I was asked about the Utah Divorce Process. Most people know that divorce is different in each state. For example, Utah has s a much different divorce process than in the State of Nevada or California. So, if you’ve lived in Utah for at least 3 months, congratulations, you can file for divorce in Utah because your meet the jurisdictional requirement. So what is the process of divorce in Utah? I’ll outline it for you: The first step is to draft and file a petition for divorce with the district court in the county where you have resided for the last 3 months. The petition is also called a complaint by some and it is essentially a lawsuit against your husband or wife to end the marriage relationship. Utah law sees the marriage as a contract that needs to be broken and terminated. In the petition, you need to outline everything that you want to see happen in the divorce case. You also need to outline how the court you are filing in is the proper forum to hear the case. You need to list any kids that you have together, if any. If you have children, child support and child custody are issues that must be addressed. You need to put down your assets and how they are to be divided as well as any debt or other financial obligations. Once the petition has been drafted and filed with the court, you also have to file a Utah Vital Statistics form. You then need to draft a summons and have the petition and summons served on your spouse. This has to be done by a person who is over the age of 18 and not interested in your case – meaning they aren’t related to you. Once your spouse is serve, a return of service, also called an affidavit of service, is filed with the court. Here is a brief video that explains the process – In Utah, there is a 90 day waiting period before a judge will sign the divorce decree and finalize your divorce case. If your spouse files a response to the petition, also called an Answer, then the court will issue a scheduling order and then the discover process starts. Most cases do go to mediation if the case is not resolved between the parties. After the discovery and mediation process is done, then the case can go to trial and the judge will enter a divorce decree based on the outcome at trial. I believe that this information gives you a general outline of the entire Utah divorce process. There are all sorts of complexities that can show up in a lawsuit for divorce. This is why you are always best advised to meet with a family law attorney who regularly goes to divorce court. If you’ve found this information helpful, please leave us a comment. If you have other questions, please let us know and we’ll do a video or blog post about it. We want you to understand divorce and, if you need an attorney, I would hope that you’d give me a call to discuss your case. We do offer free consultations. Call me 801-676-5506 Thank you!
Guardian Law LLC SEO by:Jeremy Eveland8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 876-5875 from Utah Divorce Lawyer http://lawyerdivorceutah.com/2016/11/16/utah-divorce-process/ from http://divorcelawyersaltlakecityut.tumblr.com/post/153268699462
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Since the last post was on the topic of custody, specifically legal custody in the State of Utah – today I wanted to address the question: What is Physical Custody? Physical Custody is where the child spends the night. I know, often times we think that Physical Custody is where is the child right now, physically – or where does the child spend most of his or her time? Which parent has more “time” with the children? Not so. The only question is where do the kids go to sleep at night? Do they sleep at grandma and grandpas? Do they sleep at dad’s house? Are they sleeping in their rooms with mom? Those are the questions. When it comes to Physical Custody we look at how many overnights are at which household. There are 365 days in a year. If you want to have a joint Physical Custody situation – then someone gets 182 overnights with the kids and someone else get 183 overnights. Whomever has the most overnights wins. I want sole custody. Okay, if you want sole Physical Custody of the children, you need to have more than 255 overnights with the kids per year. If you do that, you have what we consider sole physical custody of the kids. The moment someone else gets 111 or more overnights per year – we are now looking at a joint physical custody situation. Of course, Sole Physical Custody can also be many more overnights per year that 255 – but that is the starting point. We have been involved in cases where one parent has about 15 overnights per year. Now that’s hardly anything. Minimum standard parent-time gives you every other weekend and one night a week. I hope this has been helpful when it comes to overnights and Physical Custody. If you have other questions for us, please give us a call 801-676-5506. We look forward to helping you!
Guardian Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 876-5875 from Utah Divorce Lawyer http://lawyerdivorceutah.com/2016/11/14/physical-custody-in-utah/ from http://divorcelawyersaltlakecityut.tumblr.com/post/153191469737 I had the most interesting question today about legal custody. So what is legal custody? Legal custody is the ability to make legal decisions on your child’s behalf. When you child is a minor, you, as a parent, can make (1) medical decisions on your child’s behalf; (2) you can make religious decisions on your child’s behalf; and (3) you can make educational decisions for your child. That is what legal custody is. If you are in a divorce proceedings or a child custody/paternity proceeding, one of the many issues before the court is: who should be awarded legal custody of the minor children. In Utah, the legislature has enacted Utah Code Section 30-3-10 which states that there is a rebuttable presumption that joint legal custody is in the best interest of the child. The ways you overcome a joint legal custody situation in Utah is by showing: (a) domestic violence; (b) special mental or physical needs of the child or parent which makes joint legal custody impracticable; © physical distance making joint legal custody too difficult; or (d) any other good reason not to order joint legal custody. Question: Do you want to fight about Legal Custody? Answer: Maybe. It really depends on your specific situation. You may want to because your ex-spouse might be extremely difficult to deal with. If that’s the case, you should fight. Has your ex been abusive? Then you should seek sole legal custody. Every event in your life that has led to the decision to divorce will help you know which route you should pursue in your divorce case. When you are ready for divorce or need help in your case, give us a call 801-676-5506 – we are happy to help you with your legal custody questions. Thanks for visiting and we hope to see you back soon. Mike Anderson
Guardian Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 876-5875 SEO by Jeremy Eveland from Utah Divorce Lawyer http://lawyerdivorceutah.com/2016/11/08/legal-custody/ from http://divorcelawyersaltlakecityut.tumblr.com/post/152914084087 On Friday of last week, I sat down and met with a client. The first words out of her mouth were – how do I get a divorce for a drug addict husband? My first thought was: “wow” My second thought was: “that sucks” My first statement was – the same way you get a divorce if your husband wasn’t a drug addict. Here is a YouTube video that I’ve posted about the process of divorce in Utah. The process for divorce in Utah all begins with preparing and filing a petition for divorce with the District Court in the County where you have resided for the last 3 months. If you have children, it should be where the children have resided for the last 6 months. In the petition for divorce, you need to set forth all of the different things that you want to happen in your divorce case. For example, if you want a specific car, you should put that in the petition. If you want the house, you should put that in the petition too. Think about all of the things you need to address in a divorce case: 1- actually getting the divorce. 2 – children? how will that be addressed? 3 – real estate? 4 – personal property? 5 – bank accounts? 6 – investments or retirement? 7 – debts? 8 – if you have kids, who gets to claim them as dependents on your tax returns? 9 – child support? 10 – spousal support or alimony? 11 – did you own a business? You see, there are many different issues that need to be addressed. I always recommend that the first thing you should do is call a good divorce attorney to talk about your specific situation so you can get the best advice for your circumstances. If you are ready to file for divorce or need help modifying a divorce or child custody situation, give me a call 801-676-5506. I’d love to chat with you and help you with your case. Thanks for visiting – we’ll see you soon.
Guardian Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 876-5875 from Utah Divorce Lawyer http://lawyerdivorceutah.com/2016/11/07/how-to-get-a-divorce-in-utah-801-676-5506/ from http://divorcelawyersaltlakecityut.tumblr.com/post/152858179422 |
ABOUT MEHi i am Alexis Ivery from from Salt Lake City UT 84101. If you need a smart divorce and bankruptcy lawyer in utah who can help you today then Call 801-676-5506 for the top divorce and bankruptcy attorney in Salt Lake City Utah 84101 now. I highly recommend them TO anyone. They are very intelligent and had a very calm, confident presence. ArchivesNo Archives Categories |