Legal Separation and Divorce | Utah Lawyers

A divorce is a way to legally terminate the marriage relationship in Utah through the divorce courts. This can be accomplished through an uncontested divorce or a contested divorce. In an uncontested divorce, either there are no issues to be resolved or all issues have been resolved between the parties through a Separation and Property Settlement Agreement. This can be accomplished through mediation or divorce attorney settlement conferences. In a contested divorce, issues such as custody, child support, visitation, division of marital property, retirement, etc. have not been resolved and the husband and wife must seek the court’s help to resolve these difficult issues. We understand that these issues may be stressful and therefore you need an experienced divorce lawyer to help you through the process and give you legal advice.

As part of a divorce, the property of a marriage must be divided. Because the division of property is never predictable in a divorce action, it is best to have a divorce lawyer attempt to negotiate and settle the property distribution with your spouse’s family law attorney. This will enable you to have more control over the outcome of your divorce case. This will also give you more flexibility to move forward in your life in a quick manner.

 Legal Separation Agreements

A Separation and Property Settlement Agreement allows a divorce client to maintain personal control over the outcome of their divorce case or before their divorce complaint begins. It is a detailed contract which contains an agreement based on the rights and obligations of both the husband and the wife with respect to all issues related to the marital relationship. This may include custody of the children, child support, visitation, division of the marital property, health insurance, debts, retirement, and any other issues that have arisen as a result of the marriage. Through such an agreement, divorce clients meet their objectives in a manner that takes less of an emotional toll on themselves and their families than seeking the court’s help through a divorce case. In addition, out of court settlements are far less expensive than seeking the court’s assistance to resolve the issues.

The divorce lawyers at Arnold & Wadsworth will seek out your best interest. We will help you weigh the pros and cons of each decision or settlement. Our job is to educate you on the laws of divorce in Utah and give you intelligent advice for your divorce situation. Feel free to call today for a free consultation. Arnold & Wadsworth has offices in Salt Lake City and Ogden Utah to fit your divorce and family law needs.

Divorce Lawyers in Salt Lake City

Divorce Lawyers in Salt Lake City

Temporary Orders | Divorce Salt Lake City

When facing a divorce in Utah it is likely you will go through a temporary orders hearing. The first question our divorce lawyers get is whether a temporary orders hearing is mandatory; it is not. However, it will give you a good idea and feel for how the rest of your divorce will go. The temporary orders hearing will also give you experience in court, and show you the strengths and weaknesses of your divorce case. While it will include paying your divorce lawyer to prepare the motion and argue the motion in a hearing in divorce court, it will provide you with valuable insight before you reach mediation. Going through a temporary orders hearing will also allow you knowledge and insight in how to present a settlement at mediation.

At temporary orders the issues before the divorce court judge will be; custody, parenting plan, debt allocation, asset division (on a temporary basis), alimony, whether to appoint a guardian ad litem (GAL), whether to appoint a custody evaluator, personal property division, and real property division. A lot of the arguments will come done to how well you present your evidence. This is where it is very valuable to have a divorce lawyer that has experience with the judge you will be in front of. First, you want to make sure your argument is clear and concise. You do not want the judge to consider facts that are not relevant. Second, you need to be clear as to what you want. The judge cannot grant you something in your divorce you do not ask for. Lastly, make sure you respond to their arguments. This is a big hearing and turning point in your divorce. You need to make sure you put your best foot forward.

The divorce attorneys at Arnold & Wadsworth offer a free consultation concerning divorce matters. Feel free to call today and set up a free consultation at (801) 475-0123.

Don't ignore holiday visitation issues in your divorce

Reblogged from Gorilla Divorce Blog:

Many parents don't like dealing with visitation issues - especially around the holidays. Sticking your neck in the sand, however, doesn't fix the problem and only guarantees bigger problems to come. Like most divorce lawyers, I get the usual calls just one or two days before Christmas. And that's where the problem begins. All courts require notice to the other parent, when you're bringing a motion to protect your holiday time with a child.

Read more… 227 more words

This is a great article about visitation around the holidays. Christmas and the other holidays can be very stressful if your ex-spouse is not allowing you parental time. There are certain actions you should take in order to get your parent time. A lot of the ways to enforce it can also be done through the court system. Call today for a free consultation at (801) 475-0123.

Family Law Lawyer in SLC | Arnold & Wadsworth | Divorce Lawyers

There are a lot of different types of lawyers. A lawyer cannot be an expert in a lot of categories. At Arnold & Wadsworth we pride ourselves in being divorce lawyers that are willing to take cases to trial. Divorce is a very important area of law. Your divorce will affect the rest of your life. When you sign divorce papers it will be upheld as a contract under law. You need to make sure you get it done right the first time. We have had several people over the years come to us with divorce decrees that they have done on their own and submitted to the divorce court. The same people that have done their divorce on their own come to us to “fix” everything they did wrong because they did not understand everything they were signing and agreeing to.

If you are facing a divorce you need a divorce lawyer that can help get you what you are legally due. You need a family law lawyer that has experience taking divorce cases to trial. We have taken divorce cases to trial and won those cases for our clients. We can help you assess your case and give you a proper understanding of the divorce laws in Utah that affect your case. Call today for a free consultation at (801) 475-0123.

Utah Child Custody – Arnold & Wadsworth

As a child custody lawyers in Utah we understand how important your children are to you. So what happens if you have moved to Utah from another state and want to enforce the child custody determination made in another state? In Utah there is a duty to enforce the child custody determination made in another state. This power comes from Utah Code Annotated 78B-13-303;

78B-13-303.   Duty to enforce.
(1) A court of this state shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction that was in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
(2) A court may utilize any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The procedure provided by this part does not affect the availability of other remedies to enforce a child custody determination.

This is the statute that tells commissioners in Utah how to handle or enforce the custody determination of another state. You will also need to register the divorce decree or child custody determination in the state of Utah so that any future violations can be enforced in the Courts in Utah. Also, this statute can be used to enforce of an order to return a child under the Hague convention on Civil Aspects of International Child Abduction.

As always we offer a free consultation to explore your rights and to give you a road map on how you should handle your case. Give us a call today to talk to one of our divorce lawyers at (801) 475-0123.

 

Children taking Care of their Parents – News Article

Family law review – Fiji Times Online.

This is an interesting article in the Fiji times where they are trying to amend some family laws that would include that children have to take care of their parents when they are elderly. Can you imagine this in the United States? This would be crazy. It seems that children in the United States already feel that they are responsible to some extent to provide this care.

We are a family law firm with offices in Salt Lake City and Ogden Utah. We offer a free consultation for potential clients. Give us a call today at (801) 475-0123.

Serving Divorce Papers in Utah

After you file a Petition for divorce in Utah you have to serve the other party in your divorce. This can be done in several ways. Usually we arrange for service to occur at a time that is convenient for our clients. There are a lot of things that you need to think about before you serve divorce papers.

  1. Who will be living where? Will you live in the marital home or are you moving out
  2. Temporary orders – This is will establish child support on a temporary basis
  3. Children and Custody – This is what people usually worry about the most and rightfully so.
  4. Making sure that you are protected. If a protective order needs to be in place we will make sure we help you through that process.

When you hire us we make sure that we help you as much as we can. It is our job to take as much stress from you as possible. While we recognize that we cannot take all of your stress away we will guide you through your divorce and answer your questions. We utilize email to allow us to answer your questions as fast as possible. If you are filing for divorce in Utah, give us a call for a free consultation today. (801) 475-0123

ARNOLD & WADSWORTH – DIVORCE LAWYERS IN UTAH

Arnold & Wadsworth - Divorce

Salt Lake City Divorce Lawyer

Ogden Divorce Lawyer

Deion Sanders files for divorce, cites odd reason for doing so – Shutdown Corner – NFL Blog – Yahoo! Sports

Deion Sanders files for divorce, cites odd reason for doing so – Shutdown Corner – NFL�Blog – Yahoo! Sports.

I think the reason Deion Sanders is filing is because he will have to pay less in alimony because she now has a career and can support herself. Let me know what you think???

Does it matter who files first – Divorce in Utah

FREE CONSULTATION (801) 475-0123

 

Does it really matter who files first in a Divorce in Utah?

Answer – Not Really

The only time that it really matters who files first is when your case goes to trial. The reason is the Party (person) who filed first puts their case on first, and then they can present rebuttal witnesses after the other Party (person) presents their case. So in essence they almost get two bites at the apple. Still there really is not distinct advantage to filing first.

Another advantage may be that if you file first you can control the timeline of your divorce a little more than your soon to be ex-spouse.

All of these considerations do not give the Party that files first a real “advantage”. Remember to always move your case along in Court. The reason for this is because the Courts get bogged down, and time moves by quickly.

We are Arnold & Wadsworth and we offer a free initial consultation. Give us a call today at (801) 475-0123.

Arnold & Wadsworth - Divorce Law Firm

Salt Lake City Divorce Lawyers – (801) 475-0123

FREE CONSULTATION – (801) 475-0123

Arnold & Wadsworth

 

The discovery rules for divorce cases in Utah are changing on November 1st. The reason this is good is because it will force both parties to be honest as it pertains to financial records. This will enable you to make better decisions when it comes to settling your divorce at mediation.

This will also enable your attorney to be more effective. When our law firm goes through the discovery process we are very thorough. We try to minimize the possibility that your spouse is hiding key assets from the divorce proceedings. However, our best asset is our clients. You need to be involved with your attorney throughout the process to better enable them to do their job. If you attorney is charging you for every little phone call, email, etc. then you need to have a talk with them about them being effective without your input. This is your divorce, therefore you need to have success. Give us a call today and see what we can do for you.

Salt Lake City Divorce Lawyers

Arnold & Wadsworth SLC Utah

 

Helping Clients in Salt Lake City, Ogden, Layton, Sandy, Draper, Kaysville, West Jordan, Provo, Orem, and other Utah Counties.

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