Is it willful Desertion of the Petitioner if Nothing Happens in a Case for More than One Year?

In Utah Divorce Court – Is it willful Desertion of the Petitioner if Nothing Happens in a Case for More than One Year? – No, not really. Divorce in Utah can be complicated and difficult.

Think of brain surgery. To the brain surgeon, it is normal and the brain surgeon does it everyday. But if you tried it, it would be difficult. The same analogy applies here. I do divorce work each day, every day, and so I know what needs to be done. Our office regularly does d

Is it willful Desertion of the Petitioner if Nothing Happens in a Case for More than One Year

So, to answer this question:

Is it willful Desertion of the Petitioner if Nothing Happens in a Case for More than One Year?

The answer is No. It’s not.

The divorce court, could at any time, file what is called an order to show cause. An order to show cause from the divorce court is to find out why the case has not been prosecuted. If your spouse files a petition for divorce in a Utah court and does nothing, after some point in time, the judge will say it’s time to dismiss this case. A dismissal of the case means that the case is closed and if your spouse wants to file for divorce again, they would have to pay a new filing fee, file a new petition for divorce and start the entire matter over again.

Let’s be honest – most people don’t let things sit around. However, if this has happened to you, the next step is to move the case forward. If you haven’t attended mediation yet, move the case to mediation. If you haven’t yet taken the divorce orientation and education class – do that. Do what you need to do to move the case forward — assuming of course you want to get divorced.

Hey, we all need help sometimes.

If you need help with your divorce case, give us call – we would love to assist you with your divorce case, child custody case, or family law matter.

Thanks for visiting – until next time –

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5507

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The post Is it willful Desertion of the Petitioner if Nothing Happens in a Case for More than One Year? appeared first on Utah Divorce Lawyer.

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Divorce Question: What if you building a house and now getting divorced – Who gets the money?

What if you building a house and now getting divorced – Who gets the money?

So I received the question:

What if you building a house and now getting divorced – Who gets the money?

Of course in the law, the quick answer is: it depends.

There are no clear cut answers to this question, but we can provide you with some guidance. Although in truth you should give us a call to discuss in more detail the facts of your case.

The first principle to remember in Utah divorce and family law is that courts will divide any property that you acquired during the marriage in a 50-50 fashion. This is the typical rendering according to Utah Code 30-3-5. However, courts have what are called equitable powers which allows they to deviate from the 50-50 split.

Remember, when it comes to equitable distribution of marital property the standard is typically fifty percent to you and fifty percent to your spouse. This is usually how it works. It is not always how it works, because the actual facts of your case matter and judges will listen to facts and change their minds when it comes to cases.

So, what are the facts in this question?

If you jointly are building a house and you are using joint funds from a joint bank account; then, the answer is likely to be you will split the monies equally because this house is being built during your marriage.

If you have a pre-nup – that could possibly change things as well.

If you inherited the money and you kept the money in a separate bank account (avoiding all co-mingling of funds) – then, you may be able to claim that the house is separate property and get all of the money.

It really depends on the facts.

I hope this has been helpful.

If you would like additional information or to speak with a Utah Divorce Lawyer about your case, give us a call. We would be happy to give you a free initial consultation.

Thanks for visiting –

Mike

best divorce lawyer in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5507

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source http://lawyerdivorceutah.com/2017/04/05/divorce-question-what-if-you-building-a-house-and-now-getting-divorced-who-gets-the-money/

Can I Stop My Spouse For Divorcing Me?

Can I Stop My Spouse For Divorcing Me?

So I was asked the question: Can I Stop My Spouse For Divorcing Me? Is there any way to stop it? If I want to, can I force my wife/husband to stay married to me? What if I refuse to sign the papers. I won’t give him/her a divorce. Can I prevent it?

The short answer is no.

In essence it is impossible to stop your husband or wife from getting a divorce in Utah if one spouse wants it done. So even if you don’t want the divorce, it will happen.

With that said, there are things that you can do to slow it down. The question is: is it worth it?

It can be very expensive to slow a divorce case down. This isn’t always in your best interest or your spouse’s best interests.

How can you slow a divorce down?

The primary method to slow a divorce case is by disagreeing with what your spouse has requested in the petition for divorce.

The petition for divorce (also called a complaint for divorce) is what is filed with the district court to start the divorce process in Utah.

If you disagree with everything and never reach an agreement with your spouse in mediation or along the way, then the case will ultimately go to a trial on the merits. At trial, the judge will grant the divorce, and it will cost a lot of money and time to get there, but if you want to slow it down, that is how you do it.

Should I Just Give My Spouse What They Want?

No. You should never just give your spouse what he or she wants. You should always review the petition or settlement agreement with an attorney before signing it. Even if you do eventually sign it, you should know all of your rights, responsibilities and obligations. You should know what you could or would get in court. If you want to give everything away, great, but you should know before hand what you would get in court. Also, you need to keep in mind that you may not be able to change it later — in fact, it can be very very difficult to change your divorce decree later.

You should do everything that you can to make sure the divorce decree has in it what you want or you may very well regret it in the future.

I hope this has been helpful to you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5507

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Do I have to pay child support if my rights have been terminated?

Do I have to pay child support if my rights have been terminated?

So I’m at the office, working on a complex divorce case, going through the legal documents and preparing my strategy for the upcoming court hearing and my assistant calls me — “Mike, I’ve got Joe on the line” (not his real name) – “and he’s got an interesting question for you.”

I think to myself. I love interesting questions.

As lawyers, we love to thing about things. We loved complex stuff. We thrive on knowing every detail and when do don’t know something, we can to know it, so we go and figure it out.

So, I pick up the phone and I talk to Joe.

“This is Mike Anderson, how can I help you?” is my line.

His question was good. It didn’t stump me, but it was a good one. Good enough that I knew I need to put information up here for you.

“Do I have to pay child support if my rights have been terminated?”

The answer is “no” – you don’t.

This is an easy one. This is clear in the law. In Utah and throughout the country, if you’re parental rights have been terminated by a court of law; then you do not have any obligation to pay child support.

But, (and here comes the sticky part…)

Joe says to me, “but I don’t have any proof”

You see, Joe was on drugs for a bit and ran into some hard times. Joe didn’t have any of the paperwork that you would normally keep.

This meant that Joe couldn’t prove that his rights were terminated and he couldn’t stop the Office of Recovery Services “ORS” from garnishing his wages (you know, taking money out of his paycheck).

So, there are 2 options in this scenario:

First, you could hire our firm and we search and locate the termination order for you or Second, you do it yourself.

Joe’s a smart guy.

Joe hired us.

We found the termination order.

We got him a copy.

We provided a copy to the ORS.

Garnishment stopped.

Joe’s happy now.

Joe’s moving forward with life and getting back on his feet.

If you have questions about divorce, child support, adoption, termination of rights, guardianships, or other legal matters – give us a call.

We’re here to help you.

Utah Divorce Lawyer

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5507

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West Jordan Divorce Attorneys 801-676-5506

West Jordan Divorce Attorneys

Hi Everyone and Welcome Back!

So I was asked where our office is while speaking with a potential client on the phone today. They wanted an attorney’s office really close to them. I had the thought and I expressed it:

Do you want the best attorney or just an okay or average lawyer on your side?

The answer was: I want the best.

Alright, then it really shouldn’t matter where my main office is located; but I understand why someone would want they’re lawyer close to them. So they don’t have to travel too far. I get it. I understand.

With that in mind – I have offices throughout Utah and, we can do most of the work over the phone – so sometimes you don’t even need to come into our office. We can do it over the phone and through our website, email, etc.

So, to answer the question: Our main office is in West Jordan Utah.

That address of the main office is 8833 South Redwood Road, Suite C, West Jordan, Utah 84088.

We are happy to take care of you during our normal business hours from 8am to 5pm, Monday through Friday. We even can do alternate appointments if we have to, but just like you, we have family and personal lives that we tend to get to when work is over.

Watch this quick youtube video:

Alright, now look, I’m happy to answer your divorce and family law questions. We are constantly on the lookout for them.

Please send them in so we can do a blog post about your questions and get them answered.

I hope you found this article helpful – let us know when you are ready to move forward with your divorce or family law case.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5507

SEO by Jeremy Eveland

source http://lawyerdivorceutah.com/2017/03/27/west-jordan-divorce-attorneys-801-676-5506/

Are Divorce Records Public in Utah? 801-676-5507

Mike Anderson

Are Divorce Records Public in Utah?

Well, no … right?

I mean, your divorce case is ***PRIVATE*** right?

Or,

at least it should be.

But it isn’t always…

Let me explain in this video – watch this when you have a minute:

Now that you’ve watched the video, you understand how this can be nuanced.

Indeed, the Utah State Legislature has made divorce records PRIVATE. This means that if you, as JOE CITIZEN off the street, takes a stroll down into the Matheson Courthouse down at 450 South State Street, Salt Lake City, Utah and walk into the court clerks office and said: “Hi there, I want to look at all the divorce filings this week” the court clerk would say “no, I don’t think so” –> so in this regard, divorce records are private.

Now, if you’ve been divorced in Utah for several years, then yes, there is a database you can search (or the court clerk can do it for you) where you can search to see if someone has filed for divorce or if a divorce decree has been entered.

This is important because what if you were dating someone and they thought that they were divorced and in fact they were not divorced. You see how that could create issues in a relationship and a possible future marriage.

Additionally, if you are an attorney or a guardian ad litem, you can get access to court records by filing what is called an “Appearance of Counsel” or a “Notice of Appearance” –> this document tells the court that you, as counsel, represent one of the parties. And if you do, then you should be able to see what is on the court docket and all of the pleadings and other information filed with the court.

Also, if you are a party to a case. Meaning, if you are the Petitioner or the Respondent, a person that is seeking to get a divorce —> then you are also entitled to see the court file because it is your case.

Those are pretty much the only exceptions.

So, are divorce records public in Utah? No. They aren’t. But some information can be discovered by Joe public.

If you have other questions about divorce, family law, custody, or child support, give us a call. We’d be happy to assist you with your case.

Thanks for visiting.

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5507

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source http://lawyerdivorceutah.com/2017/03/13/are-divorce-records-public-in-utah-801-676-5507/

Alimony Calculator

Can you give me the alimony calculator that the judge uses in Utah divorce cases?

Nope.

Because there is no alimony calculator that the courts use in Utah.

I explain a lot in this video:

Alimony is a payment from one spouse to the various other in order to help the recipient partner maintain a way of living as close as possible to the marital standard of living. It is not gender-based; either spouse might request alimony from the other. A court will not just give out alimony to you if you are monetarily disadvantaged, however. Simply put, you can’t get alimony from your spouse if you are the one that has more income, whether by residential or commercial property, or both.

Often, courts award spousal support payments after having the marital residential owned by the spouses sold. By doing this, the court knows the revenue and various other assets of the partners, in addition to the financial obligation commitments that each must bring, as well as can make an alimony honor that’s ideal to the conditions.

Variables Considered for Settlement of Spousal support

When the court works out the spouses’ property rights, it will certainly take into consideration any requests for alimony by either side. Normally, the court looks to the standard of living at the time of separation to identify suitable alimony, yet it can likewise look at the scenario at the time of trial if there has been a considerable adjustment in resources because the time being separated. The general rule is 7 years. If your marriage was brief and there are no minor children, the court might not award you any alimony.

The court could also consider how long you were married. Did one party not go to college so the other could? If the marital relationship was long as well as one partner is at the limit of a major adjustment in earnings because of the collective efforts of both partners throughout the marriage, that change likewise will be a factor in the spousal support award. The court has substantial ability to do whatever the judge wants to do when awarding spousal support as well as looking at who is “at fault” in causing the marital relationship to fall short too.

The Income Equalization Method

The court does not need to utilize an established formula– plugging in the partners’ revenues and child-support obligation, to name a few elements– to come up with a payment quantity. It can order spousal support based upon an income-equalization calculation where neither partner earns enough to be self-supporting as well as cover the other spouse’s needs.

I have seen the income equalization method used alot. Commissioner Luhn used it on a case for me last year when we had a “temporary alimony” case. That is when we move forward in a divorce case to get temporary orders – and we asked for temporary alimony at the time.

Is Alimony Taxable?

Yes, if you are paying spousal support, your alimony payments are tax deductible. If you are getting spousal support, the Internal Revenue Service taxes what you get as earnings. So you must report them on your taxes.

You could review the law on spousal support in the Utah Codes Section 30-3-5. Two of the most important cases in Utah law that discuss alimony in Utah are: Batty v. Batty 153 P. 3d 827 (2006) and Sellers v. Sellers 246 P. 3d 173 (2010). For information on spousal support as well as tax obligations, look at IRS Publication 504.

How Long Will You Get Alimony and When Does it End?

In Utah, alimony payments usually last just as long as the years the marriage existed.

The court might make it for a shorter or longer time, but only if the right situation exists. Also, alimony automatically ends when the recipient remarries or when either party passes away. Where the recipient spouse doesn’t remarry but moves in with a new companion, the payor spouse can ask the court to terminate alimony payments. We have done this on several occasions.

Conclusion

Regardless of what your specific circumstances are, if you have questions about alimony in Utah and how to get it, stop paying it, modify it, etc., please give us a call to help.

We really do enjoy helping people with divorce and alimony issues.

Alimony Calculator in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5507

SEO by Jeremy Eveland


source http://lawyerdivorceutah.com/2017/03/01/alimony-calculator/