Divorce in Utah – When Things Go Right in Court – Good News

You know, sometimes things go absolutely perfectly in court.  Let me give you an example.

About a month ago, my client and I went to court.  This was for an evidentiary hearing.  An evidentiary hearing is when witnesses take the stand in the courtroom and evidence is presented to the court and testimony from witnesses is provided.

My client was a little nervous.  He had only been in court once time before.  He was now going to testify.

I called my client as a witness.  He testified about the facts of the case.  We outlined every element of our case.

The judge then heard from the other side.  The judge actually considered a continuance of the hearing.  A continuance is when the judge post-pones the hearing to another date and time.  The reason the judge wanted to continue the case was because the judge thought that there should be other witnesses about other issues that he should listen to.  I promptly notified the judge that, that was not a good idea. In fact, I informed the judge that the other potential witnesses could not provide any further relevant evidence than the information the judge had already received directly from the parties themselves.

The judge ultimately agreed with me and, instead of ruling at that very moment.  The judge took the matter under advisement.  What that means is that the judge would think about it, maybe do some additional research on the issue, and in the coming weeks, the judge would make a ruling.  It is rather uncommon for a judge to do that. Most judges make decisions right away; however, I’ve never been opposed to a judge taking their time and making sure they get the facts and law correct in issuing the court’s decision.

That was nearly 30 days ago and today, the judge issued the decision.

We won.

Not only did we win, but the judge even awarded our client attorney’s fees and costs!  That is a major win in my book.  Our client has received a 5 figure award based on our work.

I cannot tell you how gratifying it is to win big for our clients.  There are never two cases that are exactly the same.  There are some cases that mediate and settle quickly.  There are other cases that resolve slowly over time.  This case has been going on for way too long because the other side delayed the proceedings longer than they should have.

Our client is happy and excited at this victory.  I though you should hear about this success as well.  We try to focus on education and providing you with answers to your questions in the articles and information we put out.  We obviously keep our client’s confidences. They don’t want their private information posted everywhere.  So that is why the information contained in here is somewhat vague.  We will be posting some more testimonials in the next month or so.

In the meantime, please drop us a line or call us if you have any questions or concerns.  We want to help you with your divorce or child custody case.  Yes, we do all types of family law and even adoptions.

Thanks for visiting.

Call me when you are ready to move forward in your divorce in Utah 801-676-5507.

 

Divorce in Utah

Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

SEO by Jeremy Eveland

source http://lawyerdivorceutah.com/2016/11/23/divorce-in-utah-2/

How Do I File For Divorce From a Common Law Marriage in Utah

Thanks for coming back to visit us to learn about divorce in Utah.

Yesterday, I was asked the question: How Do I File for Divorce From a Common Law Marriage in Utah?

In order to properly answer this question, we need to be very extensive because in order to get divorced, you have to be married. Let me explain:

There is no such thing as a common law marriage in Utah. It simply doesn’t exist. However, you can file a case in Utah and ask the court to make a decision that you have entered into a marriage-like relationship. In order to do that, you need to provide evidence to the court that you are in fact, in a marriage like relationship. This means that you have commingled your assets. You have purchased a home together for example. You have put each other on your bank accounts. You have joint cars. You are both on your phone bill and cable bills. You tell other people that you are married. You both wear wedding rings. There are many other things that you can do to show the court that you have a marriage like relationship.

Once the court enters an order that you have a marriage like relationship and orders that your relationship is a marriage, then you can proceed in court to have assets divided up, child custody and child support awarded, alimony or spousal support awarded and any other issue that would be determined in a regular divorce case.

Retirement assets, investment accounts, business ownership, and all other types of assets would also be subject to a determination that you were in a marriage like relationship. Debts would also be covered in this type of proceeding. Credit cards would need to be divided up, medical bills, dental bills, car loans, etc. would all needed to be extinguished by the parties through this divorce process.

Even though the term common law marriage does not exist in Utah – there is a marriage like relationship which the Utah courts to recognize if you have evidence of it and you can get divorced under these circumstances.

If you are ready to get a “common law” divorce, please give our office a call 801-676-5506. We would love to be able to assist you in this and all of your family law related matters.

I hope you have found this article informative.

Thanks for visiting.

common law divorce

Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

source http://lawyerdivorceutah.com/2016/11/18/how-do-i-file-for-divorce-from-a-common-law-marriage-in-utah/

Utah Divorce Process

Today I was asked about the Utah Divorce Process.  Most people know that divorce is different in each state.  For example, Utah has s a much different divorce process than in the State of Nevada or California.

So, if you’ve lived in Utah for at least 3 months, congratulations, you can file for divorce in Utah because your meet the jurisdictional requirement.  So what is the process of divorce in Utah?  I’ll outline it for you:

The first step is to draft and file a petition for divorce with the district court in the county where you have resided for the last 3 months.  The petition is also called a complaint by some and it is essentially a lawsuit against your husband or wife to end the marriage relationship.  Utah law sees the marriage as a contract that needs to be broken and terminated.

In the petition, you need to outline everything that you want to see happen in the divorce case.  You also need to outline how the court you are filing in is the proper forum to hear the case.  You need to list any kids that you have together, if any.  If you have children, child support and child custody are issues that must be addressed.  You need to put down your assets and how they are to be divided as well as any debt or other financial obligations.  Once the petition has been drafted and filed with the court, you also have to file a Utah Vital Statistics form.

You then need to draft a summons and have the petition and summons served on your spouse.  This has to be done by a person who is over the age of 18 and not interested in your case – meaning they aren’t related to you.  Once your spouse is serve, a return of service, also called an affidavit of service, is filed with the court.

Here is a brief video that explains the process –

In Utah, there is a 90 day waiting period before a judge will sign the divorce decree and finalize your divorce case.

If your spouse files a response to the petition, also called an Answer, then the court will issue a scheduling order and then the discover process starts.

Most cases do go to mediation if the case is not resolved between the parties.  After the discovery and mediation process is done, then the case can go to trial and the judge will enter a divorce decree based on the outcome at trial.

I believe that this information gives you a general outline of the entire Utah divorce process.  There are all sorts of complexities that can show up in a lawsuit for divorce.  This is why you are always best advised to meet with a family law attorney who regularly goes to divorce court.

If you’ve found this information helpful, please leave us a comment.

If you have other questions, please let us know and we’ll do a video or blog post about it.  We want you to understand divorce and, if you need an attorney,  I would hope that you’d give me a call to discuss your case.  We do offer free consultations.  Call me 801-676-5506

Thank you!

Utah Divorce Process

 

Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

SEO by:Jeremy Eveland

source http://lawyerdivorceutah.com/2016/11/16/utah-divorce-process/

Physical Custody

http://Guardian-Law.com

Since the last post was on the topic of custody, specifically legal custody in the State of Utah – today I wanted to address the question:

What is Physical Custody?

Physical Custody is where the child spends the night.

I know, often times we think that Physical Custody is where is the child right now, physically – or where does the child spend most of his or her time?  Which parent has more “time” with the children?

Not so.

The only question is where do the kids go to sleep at night?  Do they sleep at grandma and grandpas?  Do they sleep at dad’s house?  Are they sleeping in their rooms with mom?  Those are the questions.

When it comes to Physical Custody we look at how many overnights are at which household.  There are 365 days in a year.  If you want to have a joint Physical Custody situation – then someone gets 182 overnights with the kids and someone else get 183 overnights.  Whomever has the most overnights wins.

I want sole custody.

Okay, if you want sole Physical Custody of the children, you need to have more than 255 overnights with the kids per year.  If you do that, you have what we consider sole physical custody of the kids.  The moment someone else gets 111 or more overnights per year – we are now looking at a joint physical custody situation.

Of course, Sole Physical Custody can also be many more overnights per year that 255 – but that is the starting point.  We have been involved in cases where one parent has about 15 overnights per year.  Now that’s hardly anything.  Minimum standard parent-time gives you every other weekend and one night a week.

I hope this has been helpful when it comes to overnights and Physical Custody.

If you have other questions for us, please give us a call 801-676-5506.  We look forward to helping you!

Family Law Attorney Salt Lake City Utah

 

Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

source http://lawyerdivorceutah.com/2016/11/14/physical-custody-in-utah/

Legal Custody

I had the most interesting question today about legal custody.

So what is legal custody?

Legal custody is the ability to make legal decisions on your child’s behalf.  When you child is a minor, you, as a parent, can make (1) medical decisions on your child’s behalf; (2) you can make religious decisions on your child’s behalf; and (3) you can make educational decisions for your child.

That is what legal custody is.

If you are in a divorce proceedings or a child custody/paternity proceeding, one of the many issues before the court is: who should be awarded legal custody of the minor children.

In Utah, the legislature has enacted Utah Code Section 30-3-10 which states that there is a rebuttable presumption that joint legal custody is in the best interest of the child.  The ways you overcome a joint legal custody situation in Utah is by showing:

(a) domestic violence;

(b) special mental or physical needs of the child or parent which makes joint legal custody impracticable;

(c) physical distance making joint legal custody too difficult; or

(d) any other good reason not to order joint legal custody.

Question: Do you want to fight about Legal Custody?

Answer: Maybe.  It really depends on your specific situation.  You may want to because your ex-spouse might be extremely difficult to deal with.  If that’s the case, you should fight.  Has your ex been abusive?  Then you should seek sole legal custody.  Every event in your life that has led to the decision to divorce will help you know which route you should pursue in your divorce case.

 

When you are ready for divorce or need help in your case, give us a call 801-676-5506 – we are happy to help you with your legal custody questions.

Thanks for visiting and we hope to see you back soon.

Utah Divorce Lawyer

Mike Anderson

Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

SEO by Jeremy Eveland

source http://lawyerdivorceutah.com/2016/11/08/legal-custody/

How to Get a Divorce in Utah 801-676-5506

On Friday of last week, I sat down and met with a client.  The first words out of her mouth were – how do I get a divorce for a drug addict husband?

My first thought was: “wow”

My second thought was: “that sucks”

My first statement was – the same way you get a divorce if your husband wasn’t a drug addict.

Here is a YouTube video that I’ve posted about the process of divorce in Utah.

The process for divorce in Utah all begins with preparing and filing a petition for divorce with the District Court in the County where you have resided for the last 3 months.  If you have children, it should be where the children have resided for the last 6 months.

In the petition for divorce, you need to set forth all of the different things that you want to happen in your divorce case.  For example, if you want a specific car, you should put that in the petition.  If you want the house, you should put that in the petition too.

Think about all of the things you need to address in a divorce case:

1- actually getting the divorce.

2 – children?  how will that be addressed?

3 – real estate?

4 – personal property?

5 – bank accounts?

6 – investments or retirement?

7 – debts?

8 – if you have kids, who gets to claim them as dependents on your tax returns?

9 – child support?

10 – spousal support or alimony?

11 – did you own a business?

You see, there are many different issues that need to be addressed.  I always recommend that the first thing you should do is call a good divorce attorney to talk about your specific situation so you can get the best advice for your circumstances.

If you are ready to file for divorce or need help modifying a divorce or child custody situation, give me a call 801-676-5506.  I’d love to chat with you and help you with your case.

Thanks for visiting – we’ll see you soon.

how to get a divorce in Utah

 

Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

source http://lawyerdivorceutah.com/2016/11/07/how-to-get-a-divorce-in-utah-801-676-5506/

Credit Card Debt During Divorce and After Divorce

Credit Card Debt During Divorce and After Divorce

Credit card Debt is something that most couples carry before, during and after marriage.  It is something that our modern society uses on a regular basis.  Many people no longer keep track of how much they make, but they simply use their credit cards to purchase the things that they need when they need them.  This can cause problems when a couple comes to the point of divorce.

Who should pay for the credit card debt?

Can I still use our joint credit cards to pay for living expenses?  Think about gas and groceries.  What about diapers for the children?  All of these things become an issue during divorce.

Essentially, what happens is that joint credit cards should not be used anymore.  You should take out new credit cards for you personally and you should only use those.  This keeps you from incurring new joint debt.  In Utah, joint credit cards that were used for the marital estate should be divided equally.  If one person used the credit card to purchase something just for themselves there might be an exception to that rule; however, the common general rule is that each person will pay one-half of the jointly incurred credit card debt.

Both you and I know that everything seems to fall part once a marriage hits the rocks. Every bit of reconciliation fails and divorce seems to be the only way out. If everything – both financial and other aspects – is settled before parting ways, then we can say – all is well that ends well. But if the separation is not so amicable and there is some sourness left somewhere in terms of an unsettled financial debt, things can turn both ugly and complex.

One such difficult situation arises when one of the partners incur a credit card debt, and the credit card debt after divorce assumes the form of a Damocles sword in the form of collection people, constantly nagging either of the ex-spouses to settle the due. The situation is a bit tricky here because whether the person who incurred the debt or the other ex-spouse has the real responsibility of making the payment is still not defined clearly by the law. The situation gets more complex when it comes to joint accounts. But let us see the credit card debt after divorce now.

Credit Card debt after divorce – mostly in joint credit cards – is generally seen by the creditors as the joint responsibility of the couple. So even if you get a divorce decree in place, the creditors meaning the cred card company that you owe money to will not really accept the decree.  This is why it is very important to have joint accounts closed as soon as they are paid off.  Actually the spouse who didn’t incur the amount is not liable to pay, but the credit card company may seek payment from both the parties as they care only about the money due to them. What settlement had been reached after divorce is of little interest to these people.

One may think that closing out the joint credit card accounts from your marriage is a solution to all these problems. However, if you have debt on the joint credit account, you have to pay off that account in full before you can close it.  Even if you have settled your divorce case completely and your ex is supposed to pay it in full – you are still on the hook if the debt has not been paid in full and if the account is not closed.  Usually, if you have a great divorce lawyer, they will put language into your divorce decree that specially states that neither you nor your ex can use any joint credit accounts to incur any new debt.  This way, if your ex tries to do something nasty, you can hold your ex’s feet to the fire with an order to show case proceeding.  Call our office for more information about this.

If you have a responsible spouse, well this will work. But the fact is that the account does not cancel itself until somebody makes the payment. Also, after divorce, it is legally not practical to divide the debts. Hence these are some practical solution, from best to worst.

– Sell any joint asset (say, home) and pay the debt and close the account. It is a classic example of killing two birds with a stone.

– Separate credit cards can be a better option in such a situation. After applying, get the dues transferred into individual cards, divided according to your own logic or the way you spent.

– In this regard, if one of the spouses is not qualified to get a card, get one of the relatives to cosign the card before transferring the share of balance.

But, rather than being through this ordeal, the best option is to get yourself everything settled before divorce. It is always a pain to go behind all these joint issues when you are about to start a new life. When you are ready for divorce, or if you need to modify an existing divorce case, give our office a call.  We are happy to help you.

credit cards in divorce

Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

source http://lawyerdivorceutah.com/2016/11/04/credit-card-debt-during-divorce-and-after-divorce/

Divorce and Bankruptcy 801-676-5506

Yesterday, while meeting with a client about a divorce, I usually ask the question at then end of our meeting, if there was anything else I could answer or help him with.

His response was: “do you know a good bankruptcy lawyer?” – Well, yes, in fact I do… we do bankruptcies in our office!  Of course with 4 lawyers in the office, we cover a wide range of legal cases.  From divorce and custody battles to even chapter 7 and chapter 13 bankruptcy cases.

I have often found that divorce and custody cases can place a financial toll on people.  Obviously, if you have little kids you should fight to protect them and take care of them.  You also shouldn’t just walk away in a divorce case and give the other side everything they want — that can often lead to disaster.

I’ve seen time and again cases where one spouse just gives up and they can not only lose hundreds of thousands of dollars, but custody of their children as well.  Point being – don’t give up.

If you are having a financial hardship you should not only speak to your lawyer about it, but you should talk to your mom, dad, brother, sister, aunt, uncle, cousins, and close friends.  I’ve seen many families come together and help each other in tough cases such as these.

You know, sometimes life can be hard, difficult even, just to get through each day.  Hardships come to each of us in different ways.  No one is immune from having marital trouble or financial trouble.

One of our clients was diagnosed with cancer recently.  She’s 54 years old.  Her children are all grown, but cancer can costs tens of thousands of dollars to battle, even if you have o.k. insurance.  Her husband lost his job due to no fault of his own – the company he worked for downsized.  They were smart though, they had saved some money and put some away into retirement accounts as they went along through life.  Well, their savings got them almost 2 years before they had to file for bankruptcy.

It’s a part of life sometimes.  You just can’t pick and choose what trials come your way.

So, yes, if you need divorce and bankruptcy help, you’ve come to the right place, you should give us a call for your free initial consultation.  We are happy to help you and lend a caring hand and heart to your troubles.

If you want additional information about Chapter 7 Bankruptcy or about Chapter 13 Bankruptcy  you can click on those links and read an interview that I did on the main differences in those types of cases that are found on that website.

I hope that you found this information helpful.  Remember, don’t quit, don’t give up.  When the tough times come, make sure that you do your very best to pick yourself up and move forward.

We are here to help you do that.

Thanks for visiting and we’ll see you soon.

divorce and bankruptcy

Michael R. Anderson, JD
Attorney and Counselor at Law
Phone: 801-676-5506

source http://lawyerdivorceutah.com/2016/11/02/divorce-and-bankruptcy-utah/

​DCFS Attorney Alpine Utah 801-676-7309 Child Abuse Separation Procedure DCFS Custody in UT

DCFS Lawyer

http://ow.ly/n7NB304fpTk What Should I Do If DCFS has begun an examination versus me?

 

I have fees versus me from DCFS, I have court quickly. DCFS has removed our youngsters from my treatment and I require help. What ought to I do.

 

Take a deep breath. Even if an instance has been submitted does not mean that you will certainly lose your children permanently. Every DCFS instance is various and the most important point that you can do is obtain a DCFS lawyer to represent you immediately. You should obtain help. You need to refrain this alone. Thats could be going on in your instance be extremely vast. At the start of the investigation, before an instance is commenced, there is typically a treatment plan that will certainly be produced for you from DCFS. If you authorized this plan as well as agree to it, your lawyer would need a copy of it when you could get it. Your lawyer additionally should obtain any type of and also all info regarding your situation. The attorneys will need a copy of the legal action papers. Obtain those with each other and also get them over to us to review when you can. DCFS instances could be intricate, so you should move rapidly. We are right here to help you.

 

How does DCFS acquire custody of a child?

 

1. Warrant: The Juvenile Court court could provide a warrant to remove a child from their house since DCFS demands the warrant throughout a child abuse/neglect examination.

 

2. Emergency situation Situations: In emergency scenarios, DCFS or law enforcement can remove without a warrant if they determine the child would certainly not be safe staying in the treatment of their moms and dads or caretaker.

 

3. Court Ordered: The court could get custody of the child to DCFS due to the fact that there is a threat of damage to the child or the child is ungovernable or has actually committed delinquent acts. In these scenarios, parents are alerted in the court hearing that their child will certainly be eliminated from their custody.

 

4. Voluntary Adult Approval: The parent voluntarily authorizations, in creating, to the removal of the child. This takes place when the parent feels they are not efficient in caring for the child.

 

How much time do I need to obtain my youngsters back?

 

Despite just how DCFS acquires custody of a child, the following standards from Utah State Law must be met:

 

For a child 36 months old or younger, the parent/guardian has 8 months to show they have made substantial initiatives to follow the child as well as family members plan in order for the child to be gone back to them.

For a child 37 months of age or older, the parent/guardian has 12 months to show they have made substantial initiatives to abide by the child and also family strategy.

At eight or 12 months (depending on the age of the child), the adolescent court is called for to hold a court hearing, called a “permanency hearing,” in order to establish whether the parent/guardian has actually made considerable initiatives to adhere to the child as well as family plan.

 

The court will also identify whether the child’s key objective will certainly continue to be reunification with the parent, or whether it will certainly alter to one more alternative.

 

At the permanency hearing, the judge may enable as much as a 90-day expansion (to proceed pursuing reunification) to the parent if they show considerable efforts to conform and also DCFS records that reunification in between the child as well as parent is probable within the 90 days.

 

In no event might any type of reunification services extend beyond 15 months from the date the child was initially eliminated.

 

If the time gaps and the court finds that the family has not made enough progression with the child and household plan, choices for the child include:

 

Fostering

Guardianship approved to a loved one or various other celebration

Retention captive while DCFS pursues one more irreversible arrangement

 

Just what is a DCFS delinquency situation?

 

In some cases, a court could purchase custody of a child to DCFS when the child has been brought on trial on delinquency fees, but the judge does not really feel the concerns climb to the degree of putting the child in the juvenile justice system. The judge could really feel that the child and household would profit much more from support as well as services offered by DCFS instead of JJS.

 

JJS could not take custody of a child under the age of 12. A court might get custody of a child under 12 to DCFS. When this happens, DCFS provides replacement treatment of the child for factors of misbehavior as opposed to misuse or forget.

 

Timelines for reunification between the child and the moms and dads do not apply on delinquency cases similarly they carry out in situations of abuse and also forget. The child will certainly be returned home when they have actually shown they have actually made substantial progress taking care of the problems that brought about the delinquency charges and they can securely continue to be in the residence.

 

If you want a 5 star rated DCFS and child custody lawyers in Utah Pick up the phone and dial 801-676-7309 — address : 8833 S Redwood Road, West Jordon, Utah 84088

 

The Absolute Best DCFS Child Custody Lawyer in Draper UT is here to help you in your lonely situation. Let me know if you found this video useful.

 

This video is for you if you need the most aggressive child custody lawyer in West Jordan Utah and how to contact him.

 

#FightDCFS  This applies to you if you live in South Jordan, Bingham Canyon, Pepperwood, Cottonwood Heights, Salt Lake City, Sandy, Taylorsville, Midvale, Riverton, Draper, Copperton, West Jordan, Magna, Alpine, Lehi, Tooele, Murray City, North Salt Lake, Bountiful, Woods Cross, Lindon, Centerville, Orem, Park City, Farmington, Provo, West Valley City, Sandy City, West Jordan, Kaysville, Layton, Syracuse, Clearfield, Hill AFB, or Grantsville.

 

Click on this link to hear from the best DCFS Lawyer in Utah.

 

Guardian Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah 84088 United States
Telephone: (801) 876-5875

SEO by Jeremy Eveland

source http://lawyerdivorceutah.com/2016/11/01/a%c2%80%c2%8bdcfs-attorney-alpine-utah-801-676-7309-child-abuse-separation-procedure-dcfs-custody-in-ut/