Category: American Fork

contested Divorce in Utah

4 Tips For Coping With Utah Divorce

When you decide to get a divorce everything runs through your mind. All of the things you have done right in your marriage seem to turn from once happy and content memories to  becoming distant memories tainted with sadness. Maybe you went to premarital counseling before making your decision to marry and even attempted a few sessions of marital counseling before making your decision to divorce. There will be a mix of emotions. The good the bad and then the counseling. You have legal counsel, mental health counselors, the neighbor across the street who thinks she is the counselor and sometimes random strangers who also think that their opinion is at a premium price and the end all be all. The long and the short of it is that only you know your family and the behavior of your soon to be former spouse. Sometimes the opinion of others whether close or admired from afar need to be tabled until you can really determine if it is best for your individual situation. An American Fork Divorce Attorney can help guide you with some good plans for families like yours. There are many options and your Ogden Divorce Attorney can help you explore those options. Divorce utah right to know

When you get divorced, unlike any other time in your life, you are fighting to be uncommitted and untied from your former relationship. You can literally walk away from a job or a friend but you can’t just pack up and leave your once loved life, home and this is especially true when children are involved. When you are at the beginning of a marriage you can do everything humanly possible to prepare for the future, even premarital counseling.  People change, environments change, jobs change, educations change and normal life happens. Salt lake city divorce

Here are a few tips to help you cope with the feelings of doing all the right things and finding yourself going through a divorce:

  • Get rid of “The Perfect or Easy” Divorce: People can look in on a marriage and think that its perfect and others will try to convince you on how simple it is to resolve the problems in a marriage and others how fast a divorce can be with the right attorney. The fact is that perfect kids, perfect homes, perfect kitchens, nice cars, money, love and fidelity are not always what they seem to be. The same is true with divorce. Even in the most “perfect” of marriages there are stressing factors. Marriage is focused work and sometimes that work is difficult, taxing and out rightly frustrating. The difference is the commitment to the marriage and a continued desire for a joint life with your spouse. When that level of commitment changes and divorce is necessary remember that each divorce, like each marriage and family, is unique and very individual. That one person that you found out of the entire human race to join you will become a difficult thorn in your side for a short period of time until your legal issues and a formalized plan for the second chapter of your joint life together is started and finalized. It might not be the chapter you intended during your premarital counseling but do remember it is important to review, take your time and make sure the plans and documents are long term solutions which are viable for both parties. Divorce lawyer in utah
  • Look Objectively:Sometimes taking the emotions out of an experience can result in a successful decision. A simple exercise of taking the names out of the scenario and looking at it as if it was an absolute stranger could really help you look at the demands objectively and with a little more merit and less emotion. A clean look at things and a commitment to yourself to hold off for 24 hours before agreeing to any major decisions can help alleviate a lot of heartache in the long run. Objectively thinking can save you a lot of time and money when you can avoid having to write and re-write documents many times.
  • Have A Set of Personal Goals:Some of the best distractions to current circumstances are new goals. Something to look forward to. These need to be unrelated to the divorce, your children or changing everything about you. They could be related to health, fitness, talents, hobbies, education or other classes. Start with baby steps and with things that are realistic. Many successful people will use the S.M.A.R.T. method. Specific Measurable Attainable, Realistic and Time bound. Smart goals will result in success and better future goals. So pick up that pen and set a few just for you. Family attorneys in utah
  • Steer Clear of Romanticism:One of the first things that excites and scares people is the idea of dating again. For a lot of people it is a very scary thought to think about dating after many years of being with the same person. For others it is exciting and very tempting. During your divorce a lot of emotions are not realistic or valid. Sometimes you feel empowered with the new found independence. The decision to begin being romantically intertwined in relationships with other may hinder the ability you have to make good logical decisions. Often times it can cause distress in the proceedings for the other spouse resulting in lengthy litigation and costly addendums. Making new friends and joining social groups is a surefire way to re-introduce yourself to living single.  In some cases it can make your divorce more difficult when others become involved in the life and decisions you are still making. Since most relationships out of a new divorce do not result in marriages that last it is wise to not allow the new love interest to interject their wishes or feelings into your divorce. A better approach would be to join activity groups, support groups and do charity work. With time you can begin dating. There is no rush. Take your time and enjoy being on your own for a while before settling back in.  As nice as it is to rediscover who you are and what you are all about in a relationship it is best to proceed with caution. Your American Fork Divorce Lawyer can help you decide if starting relationships is the right move during your divorce. Ask your Ogden Divorce Lawyer during your consultation. Utah divorce lawyer

Divorce is difficult no matter how your marriage was planned, executed or lived. Sometimes the only thing you can do is get through today and plan for tomorrow with the best resources you have. With these simple yet attainable steps you can cope a little better along this bumpy journey.

A Child Guide To Utah Divorce

A Child Guide To Utah Divorce

A Child Guide To Divorce

Ogden Divorce Lawyer Series

After you have made the decision to divorce you may find it tough to really understand yourself what is about to happen to you and your family. It can be difficult to explain to your children and your family. Here is a small guide that may help you understand a loving and appropriate way to talk to your children about your divorce. As always, the best use and wisdom may be sought through counseling. Keep these things in mind when talking with your children. Child custody laws in utah

Children who are under the age of 18 months are not exempt from feeling sadness, anxiety, frustration or anger. Children of this age have limited language skills however they do have the ability to sense the environment around them and their caregivers. Often babies and young toddlers may regress or have developmental delays. They may become intolerable or extra clingy. Emotional outbursts are not uncommon. Due to the language difficulties and how young they are the best thing you can do is provide as much consistency and calmness as possible. The more predictable your behavior is the better the child will respond.   Routines are key at this age. Make sure security items are available. Adequate sleep for both the parents and the children will also ease tensions. Nutrition is very important as well as routine eating. The more consistent you and your child are the easier the transition will be into the new family structure. Custody lawyers in utah

When the child is a toddler it is important to understand the primary social bond is with both of the child’s parents. Anything from illness, death, divorce or even moving can disrupt their little world. It can make things very difficult to understand or accept. Children of this age think that the world revolves around them. It really does! From the time there little feet hit the floor, the parents are chasing them from one end of the day to the other. This is the age group where children believe that they are the reason for the breakup of the family. The tantrums may increase and they may want a lot more attention that you can provide or feel necessary. Some children will begin to regress back to earlier developmental stages such as wetting themselves after potty training, thumb sucking and sleep arrangements that are demanding.  During this transition it is hopeful that the parents can work together. Developing routines and predictable environments will help the child know what to expect. Quality time and finding extracurricular activities will help the child to have an outlet. Reassurance that the child is not responsible for the breakup is important. To approach that subject, seek the advice of a knowledgeable counselor. Discussing the child’s feelings is important if the child is ready and emotionally capable. Divorce lawyer in utahFamily attorneys in utah

If your child is a preschooler be prepared for a power struggle. These little fire crackers do not like change. They do not care if the change is for the better, they just want everything to always be the same. Children of this age often feel out of control because they can’t change the outcome. As with toddlers they also feel responsible for their parent’s divorce or separation. They have a really hard time understanding the future a lack the control. They hold feelings inside and have sad unpleasant thoughts that are often brought out in nightmares. Utah child custody laws

Being open and positive can help the child appropriate their feelings. The better the parents are the more the children will mimic positive moods and attitudes. Some books are available to help children understand. All children need to feel safe and that their relationship with both parents will continue normally. Once a visitation schedule is set make sure it’s consistent and routines are still established and followed. Utah divorce lawyers

The school age kids have a more difficult time understanding the concept of divorce. Sometimes children of this age feel as if they are the ones being divorced. A lot of children in this age group believe if they are model children their parents will get back together and will often worry about the other parent dying or being ill. Some Children in this group think that they can fix the marriage and make it work.

In a lot of cases children will identify one parent over the other as the responsible parent for the divorce. They will be mean and express in different areas of rebellion. Sometimes they might fight, become anxious, withdrawn, depressed or even just plain angry. Physical symptoms may manifest such as stomachaches, headaches and will make up excuses to stay home from school, church or family events. Divorce utah right to know

In order to rebuild these little adults you have to restore their feelings of loss and rejection. They really are grieving the loss of their family. It’s important to rebuild their sense of security and reaffirm their safety. This is accomplished by each parent having one on one time with the child and encouraging real conversations about their feelings. It’s very important the child understand that blaming the opposite parent for the divorce is never appropriate and that no one is abandoning the child. Children like routines, structure and predictability. The more consistent and open things are the better off the child will respond. At this age self-esteem through team sports, friendships, school and events are all very important things. Encourage the child to participate. Salt lake city divorce

If your child is withdrawing it’s important to seek counseling.

Your Ogden Divorce Lawyer or American Fork Divorce Lawyer may be able to recommend a therapist for you. Ask your Ogden Divorce Attorney or American Fork Divorce Attorney Today.

How Do I Communicate With My Attorney

The first step in hiring a lawyer is explaining why you need a lawyer or an American Fork Criminal Defense Attorney or an Ogden Criminal Defense Attorney. The importance of communicating effectively and clearly is a priority.

Let us start with why communication is the most important part.

The Attorney client relationship will work better when both of you are able to talk about the facts of the case, your opinions and your motives honestly. This will form a better working relationship between the two of you. You have to trust that your lawyer understands you and is willing to tell your side of the story.

When you are sharing information it should smoothly flow both way with you and the lawyer. It is a two way street so your lawyer should fulfill your need for all of the information just as you should give your American Fork Criminal Defense Lawyer all the information they are asking for. If the Ogden Criminal Defense Lawyer needs to have information the best thing to do is to provide them with ALL of the evidence they are asking for. If your attorney doesn’t have all of the correct information and you provide incomplete facts it will affect their ability to give you good advice about your case. Incorrect facts and incomplete statement may be more damaging then to no evidence at all.

When you meet  with your lawyer make sure you understand the advice fully that they are giving you. If you are having trouble understanding or you can’t commit to the advice talk to your Ogden Divorce Attorney about. After all that is why you hired an American Fork Divorce Attorney. It is important to understand the terminology and the consequences of a decision like a settlement proposal or a plea agreement. Always ask why. A good American Fork Criminal Defense Lawyer will provide for time to really talk about your concerns until you understand fully. Remember this is your life, family and career. Ask your Ogden Criminal Defense Lawyer as many questions as you need to.

Personal History

Your criminal defense attorney Ogden or Divorce attorney american fork  might also ask you to provide a small summary which can include any marriages you have had previously and might want an accounting of your finances. When the children are discussed as part of the case more likely than not you will need to have those financial statements prepared and ready for your Ogden Divorce Attorney.  It is wise to also keep a journal of events when dealing in a civil matter including a divorce case. You will want to talk about your feelings and how you feel about your daily life. Hold nothing back.

Stay Updated and Update Your Counsel

During a stressful criminal case or even a divorce matter Your American Fork Criminal Defense lawyer or your Ogden Criminal Defense Attorney may be contacting you. Most cases will go through periods of little to no communication at different points through the case. , Make sure you let yourAmerican Fork Divorce lawyer know if anything substantial changes will want to let you know. Keep in touch with your Ogden Divorce Lawyer and let them know if your address changes or you are leaving for an extended time.

It is important to remember that your attorney will have more than once clent and that they do spend considerable time in court. Its unreasonable to expect that they will alway be there when you call and available to discuss your case. Sometimes an email is a better form of communication and it can be addressed when the attorney has time to dedicate to your case. The staff should respond and let you know that they recieved the call or email and will get back to you shortly. Always remember that a courteous client makes for a happy lawyer.

The opposite is true as well. Make sure you are returning the documents and communications in a timely manner.

Talking Finances

The attorney will ask you for all of you financial information especially in a divorce, bankruptcy or even a criminal case. Most times they will request that you to fill out information. When providing financial information remember to include all of the money coming and and going out of your home. This includes all income sources, anything you own (assets), bank statements, bills, etc.  Sometimes an attorney will want to review other documents that may take time to gather. Examples: tax returns, pay history stubs and employment history, bank ledgers for your savings and investments, employee benefit statements (cafeteria plans, Christmas savings plans), and other documents regarding the debts you currently owe. It is important to be timely and get this information for review to your lawyer so that they can properly prepare for the case.

 

Finding the Right Attorney in Ogden, Salt lake City, or American Fork Utah

It happens in an instant and your life can be changed. It can be overwhelming and frustrating looking for a good attorney. The court system seems daunting and it feels like you may never see an end to the amount of hearings, documents and phone calls. Whether you are guilty or not it proves to be an expensive and exhausting adventure.

Finding the right attorney for your charges can save you not only time but also money. It is important to interview your potential attorneys and make a decision based on a few different criteria. Here are a few things to think about:

1.) Does the attorney have a good working relationship with the prosecutors or District Attorneys in your area?

**Your attorney needs to be well respected among the community and with the court. They will be able to negotiate a good outcome for you easier when they are on good terms with the opposing council.

2.) Does the attorney have a good history of defending cases like yours?

** An attorney can work on many different categories of law. It is important to talk in depth about their history of criminal defense. This will help you determine if it is a right fit for your case.

3.) How do you feel when you talk to the attorney? Do you feel like you have confidence in their ability to act on your behalf?

**You may be comfortable with the attorney and even feel like they are friendly but the most important thing is if you feel like the attorney can actually represent your case well and is willing to work for you and your best interest.

4.) Are there reviews available online? Do they have a good online presence?

** A reputable attorney will have a good online presence. They should have reviews, blogs, social media sites and other forms of online content available for your review. Research before hiring an attorney is very important.

Finding the right Attorney for you is in your hands. With a little preparation and some research you will be empowered to find someone who is capable of handling your case. If you are stuck in trying to get answers or trying to find the right attorney or law firm to talk to about your criminal or divorce case, why not give us a call for your free consultation. Ogden Office 801-436-5757 or American Fork Office: 801-641-2933.

If you need our office address they are:

Ogden Office: 298 24TH STREET, SUITE 205 OGDEN UT 84401

American Fork Office:  76 N. MERCHANT ST. AMERICAN FORK, UT 84003

Utah Legal Seperation v. Divorce

Utah Legal Seperation v. Divorce

Many clients ask us if they should get a divorce or a legal separation.  These are two different processes and there are pros and cons for each process.

DIVORCE: A divorce completely dissolves the legal marriage of a couple.  It is permanent.  A divorce will settle issues of property, debt, child custody, child support and parent time.    A divorce can take a long time or a minimum of 90 days.

LEGAL SEPERATION: A legal separation (which is called separate maintenance in Utah) does not end your marriage.  Couples often seek a legal separation when they intend to live apart but wish to remain legally married.   Some couples choose a legal separation for religious or medical insurance reasons.  In a legal separation you ask the court to make an order addressing the issues of debt, property division, property division, custody, child support and parent time.

Utah Legal Seperation v. Divorce

The filing fee is the same for either a legal separation or divorce.  A legal separation is not a stepping stone to divorce – it is a different path.  You cannot convert a legal separation into a divorce.  If you first become legally separated and later want a divorce you have to file new documents with the court for the divorce.

If you want orders from a judge telling the parties what is going to happen with custody, parent time, support, property, debt, etc., during the time between when you file your divorce and when you get your final divorce decree, you need to ask the court for temporary orders.

If you have additional questions contact one our our attorneys today for a free consultation.

 

Utah Legal Seperation v. Divorce

After a Divorce Should I Modify My Estate Plan?

Generally, in Utah, once a divorce decree is final and the parties are officially divorced, provisions for the former spouse in the estate plan are automatically revoked. Pursuant to Utah Code §75-2-804  all revocable gifts made to the former spouse and the former spouse’s relatives are revoked upon divorce.  Thus, divorce revokes all gifts made to the former spouse and the former spouse’s relatives in a will, in a revocable (living) trust, in a retirement plan beneficiary designation, on a pay-on-death (POD) account, and in a life insurance policy beneficiary designation (where the insured spouse owns the policy).    It should be noted that the divorce does not revoke gifts to one’s own children, even though they are also the former spouse’s children. Divorce lawyer in utah

After a Divorce Should I Modify My Estate Plan?

In addition, section 75-2-804  provides that a divorce revokes any nomination of the former spouse or a relative of the former spouse as a personal representative in a will, and any nomination of the former spouse or a relative of the former spouse as a successor trustee under a revocable trust. Divorce salt lake city

It should be noted that irrevocable gifts and irrevocable fiduciary nominations are not revoked by divorce.  Thus, the provisions of an irrevocable trust remain intact, notwithstanding the divorce, unless the terms of the trust expressly provide otherwise.

After a Divorce Should I Modify My Estate Plan?

The automatic revocation provisions are designed to accomplish what most people would want for their estate plans upon divorce.  They are intended to “fix” the divorced person’s estate plan even if he or she does not get around to actually revising the plan before he or she dies.  It is nonetheless important to routinely consult an attorney and to regularly revise your estate plan after getting divorced in order to ensure that your assets will be distributed in the manner you intend. Filing for divorce in utah

For more information and a free consultation contact one of our lawyers today.

After a Divorce Should I Modify My Estate Plan?