Category: Divorce

A Child Guide To Utah Divorce

Parenting During Divorce

Parenting During Divorce

After a divorce, often times one can find  it  difficult to be the person that you once were. You are reminded when even the simplest of tasks begins to wear on you. Especially when you are now supporting yourself and your children on your own on a daily basis. Utah divorce lawyer You may have financial support but the absence of a second parent in the home rings clear and you are reminded of the help the other offered or aided in. In an article from the Huffington post one mother describes different parenting groups that many women fall into after divorce. The title of this article is Post Divorce Parenting: How to be a Smarter Mom, Not a Martyr Mom. Divorce attorney salt lake city

When if comes to managing schedules and filling time it is difficult to do the things you once did effortlessly and sometimes the guilt overrides rational decisions. With the rise in divorce rates and the blending of families many are opting for helicopter parenting to ensure their children are not falling through the cracks. Attorneys in salt lake city

There are varying emotional stages during and after the divorce that many do not understand or acknowledge. The frustration you are feeling at the beginning my begin to subside the farther along you are in the journey. Divorce attorneys in salt lake city

Here are Some Tips to stay calm and reserved during your divorce could include:

Parenting During Divorce

*Having a great social network Meetup.com -this is not a dating site. it is a place to find activites with other people with similar interests like hiking, biking, dancing, cooking. Family law attorney salt lake city

*Working out at home or the gym  

*Finding hobbies or refreshing old ones that you once loved

*Making goals for yourself

*Counseling and Life Coaching

*Meditation, Yoga, Pilates

*Playdate groups

 

An Ogden Family Law Attorney or an American Fork Family Law Attorney would be happy to help you with resources on how to win at parenting after divorce. Salt lake city divorce

Parenting During Divorce

Divorce: Remaking Your Life Blog Stevens & Gailey

Divorce: Remaking Your Life

Divorce: Remaking Your Life

Divorce is never an easy decision. It affects not only the couple, but also those around them. From children to in-laws and friends it affects everyone. Divorce lawyer in utah

The holiday’s are rapidly approaching and if you’ve recently gone through a divorce, you’re likely feeling like you’d rather avoid the holiday’s. This guide can help you to remake your life and look forward to the holiday’s and other seasonal occasions with joy. Here’s how. Divorce attorney ogden utah

Don’t Isolate

It’s easy to want to hide under the covers and avoid the holiday’s. Perhaps it’s not your “turn” this holiday with the kids or you’re feeling left out of former holiday activities.  This is something that no one warned you about of even thinks might be difficult for you, your children or your former friends and family. Salt lake city divorce

Getting through the first holiday season alone might be a bit challenging, but it can be done with determination and some simple goals. Don’t let yourself sit around feeling sorry for yourself, find something that means something to you and do it.

Some people will opt for a hobbies such as photography, woodworking, crafting and a host of other things. Most have said their first gift to themselves on Christmas after a divorce is something you used to love, wanted to try or feel like it might take your mind off the events.

This is a perfect time to provide service in your community. Its always a good philosophy that when you think that you have things bad you can always find someone who needs you. Needs your help, your smile, your warmth and kindness. There are many charities and event organizers that will help you by helping others.

Focus on special gifts such as a memory book or photo album for the kids if you’re not with them this holiday. Get plenty of rest and focus on you for a change. The number one thing during this time is to remember that you have always been in charge of you happiness. Its time to listen to yourself and build on the positives you have.

Divorce: Remaking Your Life

Find New Traditions

Your new traditions might vary according to which one of you has the kids the first year. If it’s not your year with the kids, don’t mope around. Don’t let the kids see you sad either. Encourage the kids to enjoy time with their other parent and plan to celebrate earlier or later with the kids. Your Divorce Lawyer American Fork  Divorce Lawyer Ogden may have some helpful tips on parenting plans.

Meanwhile, plan a new tradition. If you’re not with the kids plan to help someone else. A shut in, the elderly, a homeless shelter etc. This will keep your mind occupied and help you to focus on something else that will be beneficial.

Maybe it is your time to take a short vacation that you want to take. Many people find it relaxing to sit poolside, in a tropical location or spend the day watching the snowfall in a cozy cabin next to a fire. Whatever you choice is it’s your gift to you.  While you may be alone or with a companion it is starting your new tradition on your terms to help fill in on the times that you are not with your children and or your former life partner, family and friends.  Some people prefer this as they have time to just do things that they like to do. It can help the healing process. Make sure you check out the local restaurants and activities before you book your travel. Surprisingly this is a popular option for most and you will find others with the same thought! A new found friend is always the best holiday gift.

Go to a friends house or help a lonely neighbor. Whatever you do, focus on something besides feeling like  the party of one. Get up, Get dressed and make a difference in someone else’s life.  It’s easy to get caught up in feeling sorry for yourself so plan to stay busy.

Create a new tradition that will help keep you focused and occupied. You’ll look back on it with fond memories one day. Maybe one year you and your children (if you have them) can do a special trip that you plan together. Its nice for everyone to create a good mix of the old and new.

Keep Friends And Family

Often during a divorce well meaning friends and family will side with one party or the other. You can avoid this very easily by not saying anything negative about the other party. The other word of wisdom is to make sure that you brush off the gossip. Make sure to ask your Divorce Attorney American Fork Divorce Attorney Ogden about some helpful tips to remember in your conversation with family and friends.

Instead, simply say that there were differences that couldn’t be worked out or that you’re both good people but you simply aren’t compatible. Often these tactics will help to disarm their comments.

Remember just like children, friends and family have loved you both for a substantial time. They may feel torn and like they have to choose. the best advice is to just get through it as cordially as possible. Acknowledge their feelings and assure them of their place in your life still.

Focus on those that you were closer too and avoid trying to please everyone. You’re going to have some opposition no matter who was at fault so be sure to steady yourself and focus on those that you know love you regardless.

Don’t get caught up in the conflict further by trying to prove that one party is right over the other party. It takes two people to make a couple and sometimes it just isn’t working. Its important that you continue to be the person that they have always loved and trusted. Sometimes it might be difficult to shy away from throwing mud. Overtime things will settle and who remains and carries through with you was really the only person that should have been there in the first place.

Lastly, enjoy your holiday. Plan to have a wonderful time with whomever happens along your way during the holiday season. Don’t dwell on the losses but instead celebrate all the positive aspects of the holiday. Focus on yourself and healing and remember that no one can tell you how to grieve your losses. Its individual. Take your time and do it right.

One day you’ll emerge full of life and energy and happiness, until then, find things to be grateful for and remember that you’re going to get through this difficult time in your life. It just takes a few days and some positive changes.

Divorce: Remaking Your Life

Divorce 101- Basics Stevens & Gailey Utah Attorneys

Divorce 101- Basics

Divorce 101- Basics

When looking at divorce in Utah it is wise to invest in couples or marriage counseling before filing. There are many qualified counselors that could be provided at little to no cost through churches and sometimes even local city governments and even school districts will have programs for families and couples. If both you and your spouse are willing to work on things in therapy, a qualified counselor will be able to assist you in doing so. Divorce lawyer in utah

However, if you feel that you and your spouse are past the counseling stage due to addiction, adultery, abuse or for serious financial reasons, then it is important to know that Utah is a no-fault divorce state. That basically means that you can get a divorce without proving who is guilty and avoid lengthy process and trials.  One spouse can file in the state of Utah. Utah divorce lawyers

You can file an uncontested divorce if you have no significant disputes such as a couple without children, assets and no alimony to be awarded. There are forms available online and most law firms will do this service for a fee.  If you choose to do this on your own it is wise to have an attorney review the documents if there are real estate interests, children or large sums of money and assets. Divorce attorney salt lake city

Alimony is generally awarded when the person who makes the lesser amount of money (usually the wife) requests the support. It can be awarded for the same number of years as the marriage lasted. The amount of the alimony award is different for each case and is supposed to make both incomes similar in their disposable income. How to get a divorce in utah

There are ever changing opinions and numbers on who is awarded custody of children. There is a long standing belief that mothers have the edge in custody disputes. However, in recent years there are a large number of fathers being awarded custody in the state of Utah. This is due largely to the court assessing the child’s best interests for quality relationships with both parents. Sometimes the courts will appoint a custody evaluator which will require an in depth look at both homes, parents, individual children, backgrounds, current living arrangements and financial ability to provide for children. How to get divorced in utah

Divorce 101- Basics

In Utah there is a standard code for visitation. It is a default code and is used when parents cannot agree on a visitation with the non-custodial parent. It awards minimum visitation times and is determined by what the court feels is necessary to create a lasting bond and relationship with the minor children. These minimum standards are often times the hardest part of a divorce because parents used to seeing their children daily are fearful of not having that right after the divorce is finalized. The goal of the courts to foster the idea of children having both parents accessible to them and to have stability and consistency. Salt lake city divorce

Child support is paid by both parents. Now before you stop reading thing about this. In Utah the Child support matrix will figure in the income of both parents, children from previous relationships and other meaningful factors. The court then identifies a percentage and actual dollar figure for the parents to split equally. If one parent falls short the other parent is responsible to pay the deficit parent the remailing amount they need to care for the child. Attorneys in ogden utahAttorneys in salt lake city

In many cases the assets, property and items acquired and purchased during a marriage will be divided equally. There are many different areas this includes. Homes, vehicles, checking and savings accounts. It can also include furniture, retirement accounts, pension plans, life insurance and a host of other items and accounts. The good news is that it is not considered marital property if the party owned it before the marriage. This could also include inheritance or gifts. Marital property, defined as the property acquired by the couple during the marriage is divided equally. The property of the children such as furniture and bedding is usually left with the custodial parent. However it may be split between the homes. Fathers rights attorney utah

Debts incurred during the marriage are equally shared in most cases. The courts may look at each party to assess current expenses, responsibility and other areas to determine if there is a need for one person to assume more of the debt than the other. It is also favorable to the party who is not able to commit or make the payments to have a lesser amount.

It is rather difficult to navigate through this process. Sometimes having help from a Salt Lake City Divorce Lawyer or a Salt Lake City Divorce Attorney.

The great news is that you are not alone in this. Your Ogden Divorce Attorney or American Fork Divorce Attorney can help you navigate. Our American Fork Divorce Lawyer and Ogden Divorce Lawyer can help you today!

Divorce 101- Basics

Child Custody and Tax Implications After Divorce

Child Custody and Tax Implications After Divorce?

So, what happens if you have children, are divorced, and share custody of the kids regarding your taxes?  When discussing dependents, the custody that matters is actual physical custody, counted on a night by night basis.  The parent who has custody for more than 1/2 of the year (more than 183 days) can claim the child as a dependent, child care expenses, earned income tax credit and, if eligible, can claim “Head of Household” status.

Child Custody and Tax Implications After Divorce
Child Custody and Tax Implications After Divorce

However, the custodial parent can transfer the child tax exemption to the non-custodial parent by providing him/her with a signed copy of IRS Form 8332.  Sometimes a parent may be ordered in the decree so sign the form, other times whether to “give” the other parent the right to claim the child(ren) is a matter of the custodial parent’s discretion.  This depends greatly on the parties stipulation or by order of the Court.

Child Custody and Tax Implications After Divorce?

If the custodial parent is ordered in your decree to allow you to claim the child(ren) and to sign Form 8332, but fails or refuses to sign, your recourse would be an order to show cause through the  court.  The IRS will not enforce the parties agreements for you.  But even if the exemption is transferred, the custodial parent still is the one that can qualify for head of household, the Earned Income Credit, and the child care credit.

ALIMONY AND TAXES

The party who pays alimony is allowed to claim the payments as deductions on federal tax forms. The party receiving alimony is required to claim it as income on federal tax forms.

Additional questions can be found at the IRS.Gov website.  For more information or to set a up a free consultation with one of our lawyers please contact us today.

Child Custody and Tax Implications After Divorce?

Stevens & Gailey Divorce and Criminal Defense Law Firm in Utah

A person cannot be forced to testify against their spouse

A person cannot be forced to testify against their spouse

In any criminal proceeding in Utah, including domestic violence cases, a wife shall not be compelled to testify against her husband, nor a husband against his wife.1 Moreover, the Utah Constitution further reinforces spousal disqualification privilege. Specifically, Article 1, section 12 of the Utah Constitution states, “a wife shall not be compelled to testify against her husband, nor a husband against his wife.”

A person cannot be forced to testify against their spouse

1Utah Rule of Evidence 502(a)

In criminal proceedings the spousal disqualification privilege works as follows:

  • First, either the husband or wife must be charged with a criminal offense;
  • Second, the husband or wife must be subpoenaed to testify against their spouse;
  • Third, the husband or wife must assert their “spousal disqualification privilege”;
  • Fourth, the husband and wife must be married at the time the prosecutor requests their testimony. This means, that if a couple gets married, even after the charges have been filed, the testifying spouse can then assert their “spousal disqualification privilege”; and
  • Fifth, the testifying spouse must not have waived their “spousal disqualification privilege”.

Interestingly, Utah recognizes common law marriage.2 This means, that a couple can assert the marital privilege even if their marriage is not solemnized. Common law marriage arises out of a contract between a man and a women who: they are of legal age and capable of giving consent; they are legally capable of entering a solemnized marriage; they have cohabitated; they have mutually assumed marital rights, duties, and obligations; and they have held themselves out as and have acquired a uniform and general reputation as husband and wife.

2Utah Code Ann. §30-1-4.5

A person cannot be forced to testify against their spouse

Online Divorce Education Class Now an Option

Online Divorce Education Class Now an Option

An exciting new change has happened for Divorce Education in Utah. In the State of Utah it is mandatory for all parties with minor children.  Ask your Ogden Family Law Attorney or American Fork Divorce Lawyer about when you will be able to get this class underway during your divorce.

According to the Utah Courts Website you can now take your divorce education class online.  Ask your Ogden Divorce Lawyer or your American Fork Divorce Attorney if this is a good option for You.

Listed below are the requirements and links for taking the mandatory divorce education class  This comes directly from the Utah Court Website

Completing the course requirements

In order for you to receive credit for these courses you must complete an approved class. The divorce orientation class may be completed through an approved live class or through the approved online provider listed below. The divorce education class must be completed through an approved live class. The schedule for live classes is located on the course calendars below. As discussed below, the fee for a live class may be different from the fee for the online class. The court will not accept certificates from parties who take an online course from an unapproved provider.

Attending the Online Divorce Orientation Class

If you choose, you can now attend the Divorce Orientation class online. Please note that you will still be required to attend a live Divorce Education course to complete the course requirement. This is the only approved online course accepted by the Utah courts. The cost for this course is $30.00. For more information or to take the online course, please click on the link below.

Course Locations

If you need an interpreter, simply request one, and one will be provided without charge. For information and forms/

You may attend the courses in any location regardless of where the divorce or temporary separation case is filed. You do not need an appointment. Registration takes about 15 minutes, so please arrive early. You may bring a support person with you.

  • Children are not allowed.
  • Late arrivals will not be admitted.
  • Intoxicated and disruptive people will not be admitted.
  • If you have a divorce or temporary separation case pending, bring your case number with you, or you will have to provide it to the instructor later.

If a course is held in a courthouse, you will have to pass through airport-type security to enter the building, so do not bring anything that might be considered a weapon or contraband.

nline Divorce Education Class Now an Option

For most locations, free parking is available and entry into the building is obvious. Access to the Matheson Courthouse in Salt Lake City (maps.google.com) may be less obvious. There is an underground pay-lot at the courthouse, which is accessible only from 400 South, eastbound, and it is not open on Saturday. Limited metered street parking is available nearby.

  • For weekday daytime courses, enter the building through the East or West entrance.
  • For weekday evening courses, enter the building through the East entrance.
  • For Saturday courses, enter the building through the West entrance.

If you have questions, call the district court clerk. For a list of courthouses and telephone numbers, see our Court Directory.

Notifying the other parent of the education requirements

The petitioner must serve notice of the education requirements on the respondent.

Fees

The fee for the divorce orientation course is $30 per person. However, the fee for the divorce orientation class will be discounted $15 for a petitioner who attends a live class within 30 days of filing the petition, and will be discounted $15 for a respondent who attends a live class within 30 days of being served with the petition. The fee for the online course will not be discounted. The fee for the divorce education course is $35 per person. The fees for the live courses are paid to the person teaching the class.

Cash is the only form of payment accepted for the live courses.

If you cannot afford to pay the fees you may ask the judge to waive them. The fee waiver applies only to the live courses. The process includes submitting a detailed description of your income, property, and debts. If the judge grants the request to waive the fees, you must give a copy of the signed order to the person teaching the class. For more information and forms to waive fees, see our page on Fees and Fee Waiver.

Education requirements for parents with minor children

Parents with minor children are required to complete certain education requirements. These requirements do not apply to parents with no minor children.

Parents in a divorce case or a temporary separation case must attend an orientation course. The petitioner must attend the orientation course no more than 60 days after the petition is filed. The respondent must attend the course no more than 30 days after being served with the petition. If a party wants any temporary orders the court will not consider a motion for a temporary order until the party completes the orientation courses.

Parents in a divorce case must also attend an education course. The court may require unmarried parents in a visitation or custody proceeding to attend the education course.

The court will not issue a decree until both parties have completed the course requirements and have presented a certificate of course completion to the court. You should complete the courses as soon as possible but no later than 60 days after filing the petition if you are the petitioner, or, if you are the respondent, no later than 30 days after being served with notice of the course requirements.
Lists of the dates and times for the courses are found in the section on Completing the course requirements.

Purpose of the orientation course

The orientation course educates parents about divorce and its alternatives. The course informs parents about:

  • Resources to improve or strengthen the marriage.
  • Resources to resolve custody and support issues without filing for divorce.
  • The positive and negative consequences of divorce.
  • Procedural options in a divorce, including mediation, collaborative law, and litigation.
  • The divorce process.
  • Post-divorce resources.

Purpose of the education course

The education course teaches parents to understand their children’s reactions to their divorce and to help their children adjust. Parents learn how children of different ages express their pain and loss and the best parenting methods for helping them cope during and after the divorce. Some of the topics discussed are:

  • Grieving stages common to divorce.
  • How children experience divorce. What to expect from a child based on the child’s developmental age, and how to help a child adjust to the divorce.
  • Helpful ways to communicate with a child about the divorce. What children need to know and what they don’t need to know.
  • Parental behavior that promotes good self-esteem in children. Encouraging and supporting expression of your child’s feelings.
  • How and why conflict between parents creates stress for children. How to decrease the conflict children are exposed to.
  • Why children need continued and meaningful relationships with both parents during and after a divorce. Helpful ways to share parenting responsibilities and encourage cooperative behavior with both parents.
  • The financial and legal aspects of divorce.

If you have any further questions feel free to ask your Ogden Divorce Attorney or your American Fork Family Law Attorney.

Source: Ut Courts Website 04/21/2016

nline Divorce Education Class Now an Option