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.

Child Custody Considerations in Utah | Divorce Lawyers

Child Custody Lawyers in Salt Lake City

Child custody laws in Utah can be hard to understand. There are a lot of legal factors that go into deciding child custody in a divorce. One factor that will be considered in your divorce or in any post divorce case is the “child’s bond” with each parent and the strength of that bond.

The child custody factor is officially named under rule 4-903 as “the relative strength of the child’s bond with one or both of the prospective custodians.” This factor can be considered and found  by the court or a child custody evaluator that is licensed in child therapy. In your divorce case you will want to present evidence that shows the strength of the bond you and your child or children have. Usually the most effective way to do this is to hire your own expert. A child custody evaluation can also be a good way to establish the bond the children have with you. The downside of a child custody evaluator is that they will also evaluate the bond the children have with the other parent. Sometimes this can be a good thing and consideration in a divorce action if the other parent has not participated in the children’s life and the bond is non-existent.

“The child’s bond with a particular parent is at the significant end of the spectrum and thus should weigh heavily in the court’s determination. Indeed, when the court finds that the child has bonded more closely with one parent than another, the court is within its discretion in concluding that the difference in bonding overrides the general interest in stability, especially where the prospect of stability is diminished.” Hudema v. Carpenter, 1999 UT App 290, 989 P.2d 491, 501-02.

At Arnold & Wadsworth we have fought for our clients and their rights to have custody of their children. Custody of children is the most important factor in any case involving children. You need to help the court get it right. We offer a free consultation. Feel free to give us a call at (801) 475-0123.

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