Thursday, February 23, 2017

3 Benefits of an Uncontested Divorce in Utah


Does anyone really want to spend more time on their divorce? Does anyone really want to drag it out any longer than necessary? If you're like most, your primary goal is to bring the relationship to an end so you can move on with your life. Unfortunately a typical divorce is an adversarial process that naturally brings a great deal of stress to your life. If you choose an uncontested divorce is Utah, though, you'll be able to benefit from the factors below.

It's (Typically) Cheaper - And Faster

Generally speaking, divorce is an expensive proposition. It's not just the fees you have to pay to your lawyer that count - you may have to take time off of work to go to court or miss out on important job opportunities in order to bring the marriage to an end. When you get an uncontested divorce, though, you'll be given a chance to resolve things quickly and inexpensively. Because there is less work involved, there is always a lower cost for an uncontested divorce than a contested divorce. Because there is no need to go to court and less of a need to negotiate, there's also less time spent for all involved.

Less Public Information

If you value your privacy, an uncontested divorce might be for you. Even if there are things about which you disagree, it might be better to simply sign off and move on for those who don't want their dirty laundry aired in public. Once the divorce goes to the court, you'll likely have to air a good bit of dirty laundry that you might hope to keep private. If your divorce is uncontested, though, you can keep these issues between you and your former spouse.
Uncontested divorces are especially important for people how value their standing in the community. Contested divorces will almost always involve some degree of disclosure and you never know who will use that information in the future. Choose an uncontested divorce if you wish to keep your secrets to yourself.

Easier on All Involved

Perhaps more importantly, an uncontested divorce is far easier for everyone involved. Because it is generally faster than a contested divorce, you will be able to bring your relationship to an end without drawing out the process. You will also be given the chance to move on without going through an adversarial process - something that can help you to set the tone for any relationship you might have in the future. Uncontested divorces are also far easier on children, as there will be less of a need for the children to become involved in the divorce process. You can put your children first by avoiding court and going through an uncontested divorce.

An uncontested divorce is your best chance to reduce the length, expensive, and stress generated by your divorce. If you need help moving forward with your divorce process, make sure to contact us at Wall and Wall Attorneys at Law. We're here to help you make the right decisions for your divorce.


About the Author:
Cory Wall has over 28 years experience as a divorce and family law attorney, and is a member in good standing of the State Bars of both Utah and California. Cory aggressively representing his clients in matters including the complex and difficult issues surrounding paternity, child custody, alimony, grandparent rights, property and debt division.

Wall & Wall Attorneys At Law PC
2168 Fort Union Blvd.
Salt Lake City, UT 84121
801-441-2388

Wednesday, February 1, 2017

Things That Determine Alimony Payments in Utah

judge gavel and money on brown wooden table





The state of Utah takes marriage seriously when couples decide to divorce. There are always several factors that must be considered during the decree determination and division of assets is one of the most important. Several factors can impact this division, including length of the marriage and the earning capacity of the paying spouse. The standard of living enjoyed during the marriage can matter as well with regard to income potential and personal assets brought to the marriage. Some property can be allocated as personal, but financial gains accrued on those assets during the time of the marriage could well be included in property division. For couples with significant assets, this can be a very complicated and contentious issue in the final divorce decree, and having an experienced law firm handling the case is very important for an equitable divorce settlement.

Financial Status of the Family

Financial status of the family is involved practically in every aspect of a divorce. Some of factors that will be included are evaluating the asset value and the time at which the assets were acquired. Utah is not a community property state, but the general rule of a one-half split does not necessarily apply in certain situations because the court has considerable latitude when inspecting all marital finances. Debt can be a major factor as well. Value determination of assets can be complicated when retirement packages are included or if the couple owned a viable profitable business. In addition, if the recipient spouse contributed to the earning power of the paying spouse during the marriage by paying for any education leading to that increase, a portion of the ongoing earnings can be included in a final decree. Spouses who have contributed in any manner to the success of the business will be entitled to a portion of the value of the family business based specific factors of valuation.

Fault

In some states, the fault that is listed in the divorce papers for the dissolution of the marriage is not applicable during division of property. Utah is not one of those states. If the behavior of one spouse regarding infidelity or illegal activity is listed as part of the reasoning for the divorce filing, the court can include those claims when determining any financial disposition of property, including direct alimony payments. Behavior that contributes to the need for a divorce can matter greatly in Utah, including ongoing financial viability and standard of living had the marriage continued until the death of one spouse. Emotional damage done during the course of the marriage can matter when the court makes financial decisions.

Dependents

Although child support is usually a separate issue from alimony, the number and health of minor dependent children can matter when alimony is being determined. The earning capacity of the paying spouse is a central consideration along with accumulated assets, but ongoing financial support of dependent children can include valuation of assets that would also contribute to that support, including the cost of health care and insurance.
Alimony can be a complicated issue in a Utah divorce, and it is always a good decision to retain an attorney that is focused in practice on divorce cases like the legal professionals at Wall & Wall Attorneys at Law. Let them put their experience and expertise at work for you.


About the Author:
Cory Wall has over 28 years experience as a divorce and family law attorney, and is a member in good standing of the State Bars of both Utah and California. Cory aggressively representing his clients in matters including the complex and difficult issues surrounding paternity, child custody, alimony, grandparent rights, property and debt division.


Wall & Wall Attorneys At Law PC
2168 Fort Union Blvd.
Salt Lake City, UT 84121
801-441-2388