Divorce Attorney in Salt Lake City | Arnold & Wadsworth

The Divorce Attorneys at Arnold & Wadsworth offer a free consultation at either of our Utah offices whether in Salt Lake City or Ogden. This will allow you to ask one of our experienced divorce lawyers questions about your case. Most questions usually revolve around child custody and parenting plans.

In Utah there are two types of custody; legal and physical. It is important that when you are dealing with child custody in your divorce that both types of custody get discussed and decided. With each type of custody comes certain rights and obligations. In order to fulfill your responsibility you will want to know what each custody entails and promotes. A common mistake that people make when going through a divorce is automatically giving custody to the other spouse whether it is legal or physical. Once you do this you forfeit certain rights and obligations that benefit you and your relationship with your children. For example, legal custody gives you the right to have input on major decisions in your children’s lives. This will become apparent while your child is in school, or faces serious and life altering medical decisions. You need to make sure that your child or children have the benefit of your input when it comes to legal custody and the decisions that become of that type of custody.

Call our divorce lawyers today at (801) 475-0123 or visit our Divorce Website at http://www.arnoldwadsworth.com

We look forward to hearing from you and helping you get results in your divorce case.

Divorce Attorneys in Salt Lake City Utah | Arnold & Wadsworth

The divorce lawyers at Arnold & Wadsworth understand the law and divorce in Utah. Our lawyers know that a divorce can be an emotionally and financially trying time for both spouses no matter the circumstances. It can also be looked at as an opportunity to make a fresh start and lay the groundwork for a more stable future for you and your children. At the Law Offices of Arnold & Wadsworth, our divorce lawyers understand the importance of handling the legal matters of a divorce as deftly as possible, to get results for our clients and their children.

Are you facing a divorce and in need of the help of a qualified family law attorney? Contact us today to speak with an experienced divorce lawyer at Arnold & Wadsworth in Salt Lake City, Utah. We can be reached online or by phone. Call our local Salt Lake City office at (801) 475-0123.

A Divorce Lawyer for Salt Lake City, Utah

A divorce carries with it a wide range of legal hurdles and possible complications. The danger is that if any one of these aspects is handled improperly, it could cause setbacks and control your life in an unwanted manner for years to come. Our divorce attorneys work very hard to make sure your rights are protected. This includes presenting a clear case before a divorce judge in your county. We have represented clients up and down the Wasatch Front and look forward to getting you a great outcome from your divorce. Call today for a free consultation with one of our experienced divorce lawyers at (801) 475-0123.

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.

arnoldwadsworth:

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.

Originally posted on 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. Two days before the holiday doesn’t cut it, and certainly not when its the Friday before. It doesn’t have to be this way.

The number one way to fix visitation issues is to be proactive. Getting angry and waiting for another year to pass to correct the past wrong isn’t the way to fix anything. If anything, you have empowered the other parent to do as they please – without ramification. Being proactive doesn’t have to…

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Child Support in Utah | Divorce Lawyers

In Utah child support is calculated by a Child Support Table. A lot of attorneys call it a child support calculator. What some divorce lawyers in Utah forget is the child support table has a rebuttable presumption which means you can argue for higher or lesser child support. Child Support is calculated under Utah Code Annotated 78B-12-101 et al.

Under Utah Law income for child support purposes is defined as;

“Income” means earnings, compensation, or other payment due to an individual, regardless of source, whether denominated as wages, salary, commission, bonus, pay, allowances, contract payment, or otherwise, including severance pay, sick pay, and incentive pay. “Income” includes:
(a) all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;
(b) interest and dividends;
(c) periodic payments made under pension or retirement programs or insurance policies of any type;
(d) unemployment compensation benefits;
(e) workers’ compensation benefits; and
(f) disability benefits.
Utah Code Ann. § 78B-12-102 (West)
Therefore, even if you are on disability benefits it can still be used toward child support calculations. We receive a lot of phone calls to our office asking if a second job can count toward child support. The answer is no. The court will usually only use one full time job. However, this does not mean that if you consistently sell and buy stocks that such income could not be used in child support calculations. But most likely those types of income will be used in calculating such things as alimony. Depending on the income bracket you and your spouse are in when you combine your incomes. It is also important that if one of the spouses does not work that they are imputed for income for child support purposes. If you do not attribute an income then child support may be more if you are only person with income.
At Arnold & Wadsworth we have divorce lawyers that can help you with offices in Salt Lake City and Ogden Utah. Our divorce lawyers in Salt Lake City and Ogden can answer your questions and help make sure you are not taken advantage of. Call today for a free consultation at (801) 475-0123.
Arnold & Wadsworth is a divorce law firm located in Salt Lake City and Ogden Utah.

Arnold & Wadsworth is a divorce law firm located in Salt Lake City and Ogden Utah.

Divorce and Mediation in Utah | Salt Lake Divorce Lawyers

A question that we at Arnold & Wadsworth get a lot is whether mediation is required when it comes to a divorce. The answer is Yes. It is also required if you file a petition for a divorce modification. The reasons that it is required in a divorce situation in Utah is because the hope is that you know what is best for you life including your children’s lives. Lets face it, no one knows your spouse or ex-spouse better than you. Sometimes that can be a good thing and sometimes it can be bad. The Courts hope that you will use this knowledge to get a good outcome, even if you have to be creative in order to get that outcome in your divorce case.

You are allowed to have your divorce lawyer with you at the mediation. This can be a great source of legal wisdom. The divorce lawyer can tell you if you are on the right track or even if they think the resolution you are getting is legally viable. Another important function of a divorce lawyer at mediation is that they can educate you on what a divorce trial would entail and what kind of possible outcomes you would be facing. At Arnold & Wadsworth our divorce lawyers are always trying to educate our clients on the divorce process and laws in Utah. This knowledge will enable you to make better decisions throughout the process.

If you would like to look at some of our reviews when it comes to divorce click HERE to see Brian Arnold’s reviews.

Arnold & Wadsworth | Salt Lake City Divorce Lawyers

 

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.

Divorce Lawyer in Salt Lake City | Arnold & Wadsworth

With the new discovery rules in Utah when it comes to divorce it is harder for spouses to hide assets and money. The discovery rules allow people to save money on attorney fees while getting a general outlook on their divorce financially. This does not mean that your divorce attorney will not have to do discovery but for those that have been separated for a while this will help them find out what has been going on financially. Some things that are included to be given to each Party are;

  1. 3 months of bank statements
  2. 1 year of pay stubs
  3. Recent tax returns
  4. Proof of an bills that your paying
  5. Proof of any debt alleged as part of the marriage

Such things that are usually included are mortgage statements, and any other documentation that tends to prove an assets value. This will help you either settle your divorce faster or give you a plan moving forward in your divorce. These financial documents will also help you prepare for Temporary Orders or an Order to Show Cause. Make sure that you give your attorney all the proper paperwork in order to allow them to protect your legal interests in your divorce. Gather the information as quickly as you can so that you can move forward.

At Arnold & Wadsworth we offer a free consultation. We will take the time to sit down with you and find out about your situation. We will instruct you on what we need and what is relevant. This will help you make better decisions as you move forward. If you have questions make sure you ask! Thanks for reading our post and make sure you leave a comment. As Utah Divorce Lawyers we are here to help.

Utah Divorce Attorney

 

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.

 

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