Category: Utah Divorce

Online Divorce Education Class Now an Option in Utah

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.

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

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

Utah Allows No Fault Divorce

Utah Allows No Fault Divorce

Utah Allows No Fault or Fault Divorces

In most states including Utah, it is allowed to have a no fault or a Fault based dissolution of marriage. There is a fast track called no-fault in which they go fast. This is due largely to couples determining that they agree they want the marriage dissolved. Therefore, no blame is addressed or assigned on and the contention is alleviated. The nice part of a no-fault divorce is the lowered cost. Most no-fault divorces will site irreconcilable differences as the reason for the divorce. Another choice is if the parties have been living apart for a minimum of three years with an order issued in any other state. Divorce lawyer in utah

If the parties cannot agree on this there are several other categories under fault based grounds. These include: Divorce attorney salt lake city

An inability to perform sexually. This can be during anytime in the marriage.

Affairs and Adultery

Deserting: One willfully deserts the other in excess of one year

Neglecting: One willfully neglects the other refusing to provide or work

Severe Alcohol Abuse: For more than one year

Felony Convictions

Extreme Cruelty

Incurable Insanity

Utah Allows No Fault Divorce

When meeting with your American Fork Divorce Lawyer, or your Ogden Divorce Attorney make sure you have all of your notes ready. Most couples in Utah will have a No-Fault Divorce as finding fault can include lengthy litigations. Attorneys in salt lake cityBest divorce attorney in utah

If children are involved there is another aspect to divorce that gets little to no guidance on how to handle communications in regard to children. It is important to make sure that the children are heard as well. Check out this site for some successful tips for coparentingSalt lake city attorneyLawyers in utahSalt lake city divorce

As with all instances in life, only the parties can decide what is the best route to go when opting for divorce. Try some of these communication techniques when discussing how to move forward. As always, An American Fork Divorce Attorney or Ogden Divorce Lawyer can help you decide the legal strategy for filing and moving through your divorce.

Utah Allows No Fault Divorce

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.

 

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?