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  • Category Archives: Divorce Attorney

    Should I wait until after the holidays to get a divorce?

    Although attorneys primarily advise on the law, occasionally our clients seek advice of a much more personal nature. This question is a perfect example of that. Decades ago, there were frequent benefits that could be had by timing when you … Continue reading

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    What to do if I don’t agree with a Commissioner’s Ruling?

    It is not uncommon for parties to a divorce or paternity case to disagree with the commissioner’s ruling. After all, it is unlikely that you can both be pleased with the outcome. A commissioner hears all domestic matters from divorces … Continue reading

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    Do I have to pay taxes on a QDRO?

    A Qualified Domestic Relations Order (QDRO) is an order from the court directing the plan administrator of the retirement account to divide up the funds in the account between the spouses. The quick answer to the question: NO, YOU DO … Continue reading

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    How does a father get custody of his children in Utah?

    Utah is widely considered to be a state that favors mothers over fathers. This is cause for major concern among our male clients, many of whom think they are at a disadvantage simply because of gender. Unfortunately, once upon a … Continue reading

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    How to Prepare for Mediation?

    We have all heard the Benjamin Franklin quote, “failing to prepare is preparing to fail” (although I think he said it slightly different). This is how you should approach mediation. If you are not prepared to tackle the issues when … Continue reading

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    Will my spouse have to pay my attorney fees in the divorce?

    One of the first questions I get in every consult (especially from a home-making spouse) is will my spouse have to pay my attorney fees in the divorce? Unlike most bloggers, I don’t like to make my readers wait until … Continue reading

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    Do I have to Personally Serve every Document in a Divorce?

    Getting divorced without an attorney is sort of like changing your oil for the first time. You can probably figure it out eventually but it will take a lot longer, be a lot messier, and could result in very expensive … Continue reading

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    Utah’s New Parent Time Statute 30-3-35.1 Utah Code

    The legislature calls the new parent time schedule in Utah the “Optional” schedule. I am anticipating that it will become the norm in most cases. The parent time schedule is less creative than you may think. In fact, it represents … Continue reading

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    Is the VA Disability Waiver Marital Property?

    The Uniform Services Former Spouses’ Protection Act (“USFSPA”) allows states to treat disposable military retired pay as marital property in a divorce. 10 U.S.C. § 1408(c)(1) (2000). Former spouses whose marriage to the service member overlapped the service member’s military … Continue reading

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    Can My Ex Discharge the Debt Incurred in our Divorce?

    As an initial point, this is a relatively complicated issue and if you are dealing with a former spouse who is planning on filing bankruptcy, you will want to get in touch with a family law attorney as quickly as … Continue reading

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    What does a mediator do?

    In Utah, all domestic civil actions require mediation before going to trial. You will also be required to attaend mediation before any contested probate matter. Courts have become increasingly congested with civil matters. A Divorce trial typically requires 1-2 days. With … Continue reading

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    How do I know if I am getting a good deal in my divorce?

    We’ve all felt buyer’s remorse at some point in our lifetime. It is that sick feeling you get shortly after you purchase something and realize that it was not what you expected and you wish you hadn’t spent the money. … Continue reading

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    How long does it take to get divorced in Utah?

    By the time you are headed down the path of divorce, you probably have a sense of urgency to get it overwith and get a fresh start on a new life. This is probably one of the most common questions … Continue reading

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    How old does my child have to be to have a say in the divorce?

    I get this question almost every week. Parents want to know whether their child will have the opportunity to testify in court and tell the judge that he or she would rather live with mom or dad. For some reason, … Continue reading

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    How long do I have to live in Utah to get a divorce?

    It is not uncommon for people to be in the process of moving before filing for divorce. Sometimes it is to get away from someone (like an abusive partner). Sometimes it is to get to someone (like other family members … Continue reading

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    Will I Lose My Children if I Get a Divorce?

    If you are worried about losing your children in a divorce, you are not alone. The short answer to the question of whether or not you will lose you children is: No, you will not lose your children by getting … Continue reading

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    How can I divorce my business partner?

    Perhaps one of the most challenging divorces is one that involves a family business owned by both parties. The potential problems are countless. You may have questions like, who is going to keep the business after the divorce? Will both … Continue reading

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    What are Rule 26 initial disclosures?

    Rule 26 of the Utah Rules of Civil Procedure deals with discovery. Discovery is simply the method of gathering information from the opposing party. During a divorce, Rule 26.1 applies.  This requires both parties, without being asked, to provide a … Continue reading

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    Who is the best divorce attorney in Salt Lake City?

    There is no such thing as the best divorce attorney in Salt Lake City. There are well over a hundred, well-known, competent divorce attorneys in the Salt Lake area. These are attorneys who know the process in and out and … Continue reading

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    How Much Alimony Should I Get?

    There are two approaches commonly used to arrive at an alimony amount. The first approach frequently applied is the “needs based” alimony. That is, how much does the recipient of alimony need in order to make ends meet each month … Continue reading

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    How Much Does a Divorce Cost?

    The simple answer is that your divorce will cost as much as you and your spouse make it cost. However, I can give you a better idea of what you will spend depending on your situation. The cheapest route is … Continue reading

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    How to Modify Custody?

    Basically, you just need to file a petition with the court. From there, there might be additional discovery and motions. Most of the time modifications are much simpler than the previous Divorce or Paternity action. Custody modifications are generally either … Continue reading

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    What is a Motion for Temporary Orders?

    You may have been recently served with papers that request a divorce and require that you appear before a Court Commissioner on your spouses request for temporary orders. Temporary orders are orders that last while the divorce is pending. Divorce … Continue reading

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    How Do I Know if My Lawyer in South Jordan is Charging Too Much?

    Hourly rates for attorneys throughout Utah are not as different as you might think. In fact, you may have already called around and figured out that almost every family law attorney in South Jordan or the surrounding area charges between … Continue reading

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    Former Spouse Gets Insurance Money

    Contrary to popular opinion, divorce does not always automatically revoke your designation of a beneficiary, personal representative, executor, trustee, conservator, agent, or guardian. Your former spouse may end up being the executor of your will or the trustee of your … Continue reading

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    Is it Worth Having an Attorney?

    Former spouse remarries but the alimony obligation did not end. Typically remarriage or cohabitation automatically terminates the alimony obligation. Utah Code Ann. Section 30-3- 5(9) provides that, “Unless a decree of divorce specifically provides otherwise, any order of the court … Continue reading

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    Will my spouse get part of my personal injury settlement in the divorce?

    Occasionally during a divorce there is one spouse who is either currently in negotiations for a personal injury settlement or currently receiving monthly payments from a past personal injury settlement. A common question that these individuals have is whether or … Continue reading

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    Should I file for divorce or wait for my spouse to file first?

    Not too long ago, parties to any civil actions would race to the courthouse so that they could be the plaintiff, rather than the defendant. Being a plaintiff did carry many advantages back then, and still does today in some … Continue reading

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    Why SOMEONE has to pay child support

    As uncontested divorces become more and more common, people are often trying to reach an agreement that no child support be paid. Instead of child support, one party might get the lion’s share of the marital estate. We have had … Continue reading

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    Getting Creative in Divorce

    I think it is about time we made this post. We have seen too many people lose a lot more in the divorce than they should have because of one BIG mistake. Facebook. We all know that just about everything … Continue reading

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    What is ORS?

    ORS stands for the Office of Recovery Services. Basically, it is a government agency in Utah that collects domestic support obligations such as alimony and child support. If you are in a custody and child support battle, ORS may or … Continue reading

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    What happens to my Will when I get divorced?

    This is a pretty common question. Most estate plans do not specifically address what is to happen in the event of a divorce. You and your ex-spouse may have executed joint Wills at some point during your marriage. So now … Continue reading

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    First Step to Getting a Divorce

    Despite what any attorneys will tell you, the first step to getting a divorce is not to find an attorney.  A divorce attorney can become essential, and in most cases, it is. But the first step is to determine exactly … Continue reading

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    Child Support Modification Attorney

    A child support modification attorney is a family law attorney who spends part of his or her practice with clients who are trying to modify a past support award. See our child support modification page if you want to learn … Continue reading

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    Prenuptial Consultation Attorney

    If you and your fiancée are planning to do a prenuptial agreement there are a few things you should know. First of all, a prenuptial agreement, if done correctly, will be a very important tool in the event of death, incapacity, … Continue reading

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    Child Custody Between Unmarried Parents

    Many people associate child custody and child support orders with divorce. The truth is, it is relatively common to have child custody and support proceedings between parents who were never married. The process starts with a Utah Parentage Petition. The … Continue reading

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    Types of Child Custody in Utah

    There are two, divisible rights when it comes to child custody. These are the legal custody and the physical custody of the child. Legal custody refers to the parent’s right to make important decisions on behalf of the child. Physical … Continue reading

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    How much does an uncontested divorce cost?

    An uncontested divorce is one in which both parties agree to the division of property and child custody even before they file for divorce. Uncontested divorces are becoming more and more common because the are much less expensive, faster, and … Continue reading

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    Uncontested Divorce Attorney South Jordan

    An uncontested divorce is one in which both the husband and wife agree to everything, even before they hire an attorney. That is, they agree to how the property should be divided, how child custody should be handled, and whether … Continue reading

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    How much experience does a good divorce attorney have?

    Most of what I post on our website is objective, verifiable fact. Today, I am just posting a personal opinion: I thought I would post an article about experience today after I had some long conversations with some colleagues of … Continue reading

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