Tuesday, March 5, 2019

5 Common Reasons to Modify a Divorce Order


Divorce can be modified to reflect changes in either parent's circumstances at any time. Five common reasons why divorced individuals may seek divorce order modifications include:

Changes in Financial Conditions

This applies specifically to individuals seeking Utah child support modification if they become unemployed or experience a significant increase in their paycheck. With the assistance of a family law attorney, you could petition the court to reduce the amount of child support you pay if you lose your job or begin earning less than you earned when the original child support order was placed.

Adjustments Based on the Needs of the Children

When children begin school, start participating in sports/other school events or get their driver's license, certain aspects of a divorce order involving pick-up times, holiday/vacation time with one parent or even where the child wants to live may need to be modified.

Relocation of One Parent

When one parent relocates to a place more than an hour or two away from the children, it may be necessary to modify your divorce agreement. Decisions about custody, where the children will attend school and whether parenting time should be handled differently are some possible modifications. In addition, a Utah child support modification may be needed if the relocated parents change jobs or are temporarily unemployed.

Visitation Modification

Older children may decide they want to live with the other parent for some reason or you may want more visitation time with your children. In some cases, a visitation order may be eliminated if one parent engages in a lifestyle harmful to children.

Changes to Alimony Orders

One spouse may receive alimony from the other spouse in Utah if that person is unable to work and earn a living income. However, an order of alimony depends on the ability of one spouse to support the ex-spouse, how long the marriage lasted and if the spouse wanting alimony has been granted custody of minor children. While rarely given, alimony included in a divorce order can be modified if changes in circumstances warrant modification.

Divorce order modifications should be handled by an experienced family law attorney who can ensure everything is submitted correctly to the court for modification. Contact Wall & Wall today to schedule a consultation regarding a Utah child support modification or other changes you want to be made to your divorce order.

Author Statement:
The Wall's have over more 190 years of combined legal experience as divorce and family law attorneys. They aggressively represent their 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

Thursday, January 24, 2019

3 Reasons Divorce Mediation is Crucial to a Successful Divorce


Divorce is such a stressful time for all parties involved. Many people deal with anxiety, depression, anger, frustration, disappointment, headaches, insomnia, and other emotional and psychological problems as a result of a divorce. State courts require divorcing parties to participate in at least one session of divorce mediation in Utah. While we can't ensure a stress-free resolution, divorce mediation is often the better choice when it comes to separating from your spouse.

What is Mediation, Exactly?

Mediation is where you, your spouse, and your lawyers hire a neutral third party, the mediator. This third party helps facilitate divorce negotiations. The third party is not an attorney and cannot give legal advice, but rather, their job is to try and get the 2 parties to come to an agreement over the terms of the divorce.

Why Choose Mediation Over Going to Court?

We think that in many divorce cases, people are better served by mediation than by going to court. For one thing, it's less expensive than going to court and it frees up the court for more important cases. Mediation offers both sides confidentiality -- the terms of the divorce is not a matter of public record. You and your spouse have control over the terms of the divorce; you don't have to have an imposed settlement levied on you by the courts. You can also still have your lawyer advise and represent you during the mediation.

How Mediation Works

Mediation starts with both sides and their attorneys meeting with the mediator in an office or meeting room after the initial phone consultations. The mediator explains how mediation works and how it will proceed. After that, the mediator may meet separately with each of the parties to understand the situation and help them draw up terms that will work for each party. The mediator will handle negotiations between the two parties and once a settlement is reached, the mediator will file the settlement with the court, which will become part of the divorce.

Choosing the Right Mediation Attorney

Although a lawyer is not required, it is prudent to have one on your side to guide you to get what you are entitled to and help you reach goals that are most important to you. If you're going through a divorce and think that mediation would be beneficial to you and your spouse, contact us at Wall & Wall Attorneys at Law, P.C. We offer 30-minute no-obligation consultations. Contact us today.

Author Statement:
The Wall's have over more 190 years of combined legal experience as divorce and family law attorneys. They aggressively represent their 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, January 2, 2019

What You Should Know About Divorce Mediation


Divorce rates have increased over the past few decades and can often lead to bitter custody battles for children and litigation for property and assets. Mediation can be a better alternative to settle differences and can help in the following areas.

Keep Stronger Family Ties

Mediation can bring a speedier close to an otherwise lengthy legal battle that can adversely affect your children. This in turn will keep your family stronger, even as you and your spouse separate.

Give Greater Control Over the Divorce

Staying out of the court means that you have more control and input on coming to agreements between you and your ex-partner. Once you are in a standard divorce proceeding, you abdicate power to the courts which can lead to less than favorable outcomes for one or both parties involved as the courts will decide your fate, and not you. Mediation will help resolve conflicts faster, and on your own terms.

Help Make Sense of the Divorce

Communication with the assistance of a mediator allows for better understanding and cooperation between soon to be ex-partners that have split up. A good mediator can facilitate any disagreements that arise and by choosing this option. It is already understood from the beginning that both parties would like an agreeable outcome to what can be an otherwise hostile and painful separation.

Receive a Free Case Review from Experienced Divorce Mediation Lawyers in Salt Lake City, Utah

In mediation, a confidentiality agreement is signed, thus keeping negotiations between you and your ex-partner somewhat private. Traditional divorce proceedings in court don't allow for this confidentiality and can often cause unnecessary pain and drama amongst relatives and children. Working in the privacy of mediation will lessen the chances of destructive and bitter disagreements becoming public and causing more anguish and drama between your ex-partner and family members.

No one wants to suffer through a lengthy and costly divorce process, if it is at all avoidable. Mediation has many benefits to make the process smoother, more affordable and quicker so you can begin to move on to a new phase of your life. Would you like to know more about your options for mediation? Contact us today to discuss your needs and goals.

Author Statement:
The Wall's have over more 190 years of combined legal experience as divorce and family law attorneys. They aggressively represent their 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

Monday, December 10, 2018

10 ​Do's & Don'ts of Divorcing During the Holiday Season


As with any divorce, a good divorce attorney is a necessity to make the transition go as smoothly as possible. What about if the divorce happens during the holiday season? Here are a few tips for couples going through a divorce during the holidays.

DO

  • Remain open and flexible to breaking with traditional holiday routines. Especially if children are involved, some celebrations may need to occur on different dates, so each parent can remain involved.
  • Make sure to plan in advance. This may apply to either children, or in some cases, in-laws with whom you've become close over the years.
  • Be sure to keep in contact with your children and assure them they are just as important now as they were before the divorce.
  • Remain positive and try to keep at least a semblance of maintaining a good relationship with your ex. Family and friends may have to deal with each of you, and there is no need to make things uncomfortable for them.
  • Get yourself a gift, even if it's something you might have expected your spouse to buy had you remained together.
  • Maintain your faith and remember what the holidays mean. Celebrate the holidays and the chance to recognize other sources of love in your life.

DON’T

  • Don't spend the holidays alone. Stay active with friends, family, your church, and make sure to attend your usual holiday parties.
  • Don't allow the divorce to ruin your holiday spirit. There's nothing wrong with being happy and celebrating the holidays with the joy in which they were intended to be enjoyed.
  • Don't get too entangled with putting an emphasis on gift giving. Funds may be low, or you may not receive the expensive present you would have expected, but the holidays aren't about material items.
  • Enjoy the holidays and associated activities, but don't let yourself be overwhelmed by them.

Contact Us for a Free Divorce Case Evaluation in Utah

if you do need advice from a Utah divorce attorney during the holiday season, contact us at Wall and Wall Attorneys at Law. You'll find us to be understanding and supportive of your needs during the divorce whether during the holiday season or any other time of the year.

Author Statement:
The Wall's have over more 190 years of combined legal experience as divorce and family law attorneys. They aggressively represent their 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

Friday, November 2, 2018

3 Myths About Alimony in Utah


The U.S, Census Bureau places the rate of divorce in Utah at around 16%. This makes it the state with the lowest number of divorce cases in comparison to regions such as Washington DC whose divorce rate stands at 31%.
One of the issues that come up in most divorce cases is alimony. Alimony is aimed at helping each spouse maintain the same standard of living they had when they were married. We demystify the 3 most common misconceptions about alimony in Utah.

Only Women Can Be Awarded Alimony

Utah’s law dictates that either sex could receive alimony. However, cases in which the husband receives alimony are quite rare. This is because they are the breadwinners in most cases. With more women taking high-paying jobs and some men becoming the stay-at-home caregivers, cases in which alimony is being awarded to the man are trickling in.

Alimony Is Always Awarded in a Divorce

Some circumstances may cause alimony not to be awarded. If the marriage lasted less than 4 years, the likelihood of being awarded alimony is low. The court also looks into such factors as the ability of the requesting party to realistically work, their education level, their age, and whether there is money for the alimony payment. If the court determines that both parties can work or that there is not enough money, it is more likely not to order alimony. Divorce in Utah is a fault case, and if the requester is at fault, they might not be awarded alimony.

You Are Not Eligible for Both Child Support and Alimony

While child support may decrease the need for alimony, it does not mean that you do not qualify for it. Alimony is also different from marital property distribution and child support. Nonetheless, the court will consider both before ruling on whether to award alimony. It is hard for anyone to figure out how alimony is calculated and the basis on which it is awarded. You need the services of a competent family law attorney to help you through the divorce and accompanying issues.

Contact Wall & Wall Attorneys at Law at 801 441 2388. A skilled alimony attorney Utah will review your case for 30 minutes free of charge and advice you on the best course of action. Having an understanding of how alimony works in Utah, you are assured of the best result possible. We offer military discounts for service members.

Author Statement:

The Wall's have over more 190 years of combined legal experience as divorce and family law attorneys. They aggressively represent their 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, September 26, 2018

3 Tips for Your First Halloween After a Divorce



Halloween remains the most popular holiday in America enjoyed by both adults and children. However, you may need proper planning to have a thrilling experience especially if you recently divorced. How? Here are three tips on how to enjoy Halloween after divorce from an experienced divorce attorney Utah.

1. Avoid Fighting the Other Parent

Children get traumatized when they see their parents fighting especially in public. If you are currently living with your children, do you best to work with the other parent to coordinate holiday activities. Avoid engaging in heated arguments. Instead, try to follow the parenting agreement and use other methods such as negotiation to solve conflicts and misunderstandings.

However, at times, it's challenging to avoid disagreements. Often, you can foresee them before they occur. If your holiday plan isn't flexible and you disagree with your partner about it, it's wise to discuss it in advance before the Halloween holiday, such as during summer.

2. Stick to Your Holiday Plan

Many people maintain friendly relationships with their partners while others have difficulty on coming to agreement on holiday plans. If you find it hard to have a calm discussion or correspondence on holiday plans with your ex-spouse, you might have to create a personal holiday plan. Alternatively, you can consult a divorce attorney Utah to solve specific parenting issues. It isn’t wise to determine plans just before or during a holiday, advanced planning is best.

Once a plan is agreed upon, stick to it without deviating. It should be clear and realistic. Also, consider aspects such as traffic congestion and travel time if you are sharing holiday time. Planning ahead helps you to plan fun activities for your children and then everyone can know what to expect, and can enjoy the Halloween celebrations even more!

3. Halloween Safety

Safety is crucial for any holiday. You can get several tips online including the National Safety Counsel. Try to have a balance between fun and safety during the festivity. Stay with your children to watch over their trick-or-treating around the neighborhood, and at parties.

Often, kids can detect when you are depressed or anxious and it hinders their enjoyment of the holidays. Strive to focus on their fun and making great memories. Are you having difficulties with your ex-spouse during the holidays or planning to divorce? Wall & Wall Attorneys at Law is a leading law firm in Salt Lake City, Utah. We have over 40 years of experience in family law. A divorce attorney Utah from our firm will listen to your marital issue and offer genuine advice. Call us at 801-441-2388 for a free 30 min consultation.


Author Statement:
The Wall's have over more 190 years of combined legal experience as divorce and family law attorneys. They aggressively represent their 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

Thursday, August 30, 2018

3 Common Reasons Couples Get Divorced


Are you in need of a competent and compassionate divorce lawyer Utah? If you are beginning the difficult process of a divorce case, it is in your best interest to seek out one of the best family law attorneys in Utah. He or she will make this go smoother, which is necessary during such an emotional time. Divorces are especially tough legal matters that happen for a variety of reasons. Here are top 3 common reasons couples get divorced.

Addictions

One of the main reasons people get divorced is due to addiction, whether it is one or both partners who are addicted. This can range from sex to opiods and even work as types of addictions. This is because the behaviors and substances can highly alter the individual’s brain and become a top priority. Once the other spouse realizes that they have had enough and decide to leave, it often leads to a divorce.

Issues with Money

Although money problems do not directly lead to divorce, it is pretty clear why this is high on the list of contributing factors. This is especially true when each partner has different ideas about how to save and spend money and what to do about financial issues. Also, women now are rising up in the ranks career-wise, making more money than their spouses in some instances. Even in this modern world it can be stressful on the couple and bring the relationship into troubled times.

Infidelity

Marriages often break down due to one or both partners cheating. This can be either emotional or physical in nature. Our extremely connected world, with social media bringing people closer together than they might be otherwise, has led to emotional cheating at the very least. If the relationship is already weak, infidelity can cause lessened trust and an abrupt or eventual end to the marriage if the couple is not able to work through the trust issues.


When you have questions about how to start your divorce case, including how to proceed with getting legal representation, do not hesitate to contact us online or by phone. We offer a free 30 minute consultation, have English and Spanish-speaking staff and can acquire interpreters for other languages, as well as offer military discounts for those who have served in the military. Our full-service divorce program and DIY assistance will put you in the best position to work through the case as painlessly as possible. Reach out to us today for a quick response to your important questions.


Author Statement:
The Wall's have over more 190 years of combined legal experience as divorce and family law attorneys. They aggressively represent their 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