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Divorce Law
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Getting a divorce is a life changing experience, it must be handled delicately. Because emotions are very high during this time, mistakes or poor decisions can be made on the part of both parties. Having an attorney who understands divorce law and the care that is needed will help to eliminate problems that will arise. Don’t let your emotions keep you from getting what you deserve out of your divorce. Our experienced staff of divorce attorneys will take care of every aspect of your divorce agreement, which includes the following:
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Grounds for divorce: Fault vs. No-fault.
There are certain grounds upon which one can file for divorce in Utah. The two main categories are, fault VS no-fault. On the no-fault side of things, one can file for divorce if there are irreconcilable differences in the marriage, or if the husband and wife have lived separately for at least three years. On the fault side of things, one can file for divorce for the following reasons, impotency at the time of marriage, adultery committed after the marriage, desertion for at least a year, neglect to provide the necessities of life, drunkenness, committing a felony, cruel treatment that causes bodily harm or stress, or incurable insanity. |
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Child custody, support, and visitation:
When child custody is in involved in the divorce, The Utah courts do everything possible to lessen the trauma young children may face. There are many factors that are looked at to determine the best possible situation for children in custody cases. This helps to ensure the child will grow up in the best environment possible. With regards to support, this is decided on a case by case basis, not all divorce cases end up with one of the parties paying support payments. Where visitation is concerned, this is also something that is decided on a case by case basis, in order to provide the best environment for the children involved. |
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Division of property and assets:
In the state of Utah, with regards to property distribution, Utah is an “equitable” state. This does not mean that everything is split in half; this means that everything is split fairly. This is also a case where if a decision can not be made as to how property should be split, the courts will award the property as they see fit. |
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Alimony:
In determining how alimony should be paid, or if it needs to be paid, the courts look at a few different factors, the first being the financial status of the party who would be receiving the alimony, the second being the ability of the party to make an income, thirdly they look at the payor’s ability to pay alimony, fourth they look at how long the marriage was, fifth if the recipient has custody of the children, sixth if the recipient had every worked in a business owned by the payor, seventh and lastly they look at if the recipient contributed at all to the payor’s ability to make money. |
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Mediations:
With so much involved in getting a divorce, a lot of people are in need of mediations. This is typically done out of court to decide how things should be settled in the divorce. |
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