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

Things That Determine Alimony Payments in Utah

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

Parenting Plans: What Matters Most

Making decisions about where kids will live is among the most frightening and challenging tasks of divorce. The prospect of not being with your children all the time is distressing. The idea of losing your kids is even worse. The worries--and the disputes that can come from them--often are intensified by conventional legal language: Either Mom or Dad wins custody, while the loser just gets "visitation rights."

Excellent parenting isn't a contest. Moms and dads can take various approaches to both legal settlements and the child-rearing contracts they build. Like many specialists, I prefer to consider this difficult job as creating a parenting strategy, a legal contract that define a clear, particular schedule for children in addition to guidelines for each moms and dad's co-parenting duties and function in choice making. In truth, you do not even need to use terms like custody and visitation in your parenting plan.

Bear in mind that one size does not fit all. The strategy you and your child's other parent develop will be as special as each of the individuals in your divorced family. The ideal strategy will take into factor to consider all of your relative' needs-- particularly your kids's requirements. Aim to see this experience through your kids's eyes. It will probably be quite different from yours.

Here are a few tips for exactly what your plan should include:

The Important Elements

• A clear, well-defined schedule consisting of provisions for vacations, trips, school holidays, and so on.
• An outline of who is responsible for making which decisions and how those choices are made if both moms and dads are responsible.
• A schedule for who offers transportation to the other parent's house and to extracurricular events, and so on.
• An overview of the monetary obligations for each moms and dad.
• A breakdown of particular parenting obligations (e.g. who stays home when a kid is sick; who goes on school sightseeing tour and other occasions; who helps with homework; who takes kids to medical and dental visits, and so on).
• A method for handling differences when they emerge.
• A system for sharing info.
• A timetable to evaluate and change the parenting plan if needed.

A Few General Rules to Consider

Divorce has to do with you and your co-parent, but parenting strategies are about the kids. Subsequently, a couple of additional rules can go a long method toward helping them make the transition, such as:

Do all you can to prevent your kids from hearing anything disparaging about the other moms and dad, whether from your own mouth or somebody else's. Many kids will internalize any criticism of a moms and dad as criticism of themselves.

Do not turn your kids into messengers between you. Especially if it's bad news, your children will concern frown at one or both of you for forcing that duty on their shoulders rather of managing it yourself.

Do not try to force your kids to distance themselves from the other moms and dad. That includes not forcing them to call your co-parent by his or her given name and not demanding your children calling your brand-new partner "Mom" or "Dad". Children need both moms and dads in order to mature psychologically and mentally healthy, specifically right away after the divorce. They might grow closer to one or the other parent over time, however you shouldn't press it.

Paralegals: A Pillar of Legal Support

Among the most considerable factors raising legal expenses is making use of people with seniority (and billing rates) greater than is needed. For example, in case after case, law offices use partners and associates to carry out low-level jobs (and then, naturally, bill for those tasks at partner and associate rates). Sometimes, this is due to the fact that the firm is too busy to have anyone else do the work instead. Other times, it's a blatant attempt to raise profits.

So exactly what can you do about it? You can work with a paralegal!

What Are Paralegals?

Paralegals assist legal representatives in the completion of legal services. The profession started in the late 1960's when law offices and specific professionals sought methods to improve the affordable fulfillment of legal services. Utilization of paralegals in a law practice ultimately decreases the cost to the client and downtime for lawyers.

Paralegals are qualified by education, training or work experience and are employed or kept by an attorney, law workplace, corporation, governmental agency or other entity to perform specifically handed over substantive legal work for which an attorney is responsible. In a law practice setting, a paralegal's time invested in substantive legal work is billed to clients at market rates, similar to other expert personnel, however typically at a lower rate than attorneys. This differentiates paralegals from other non-lawyer team member, who generally only work on clerical or administrative jobs. As a basic rule, paralegal time invested on administrative or clerical functions is not billable.

Only licensed lawyers are allowed to give legal advice to customers of legal services, and paralegals are prohibited from doing so. The work item of the paralegal becomes the attorney's work instrument. Paralegals also are forbidden from accepting a case, setting a charge, or representing a client in court (unless licensed by the court). All states require attorneys to be certified and most have statutes imposing charges for those found to be taking part in the unauthorized practice of law.

Paralegals operate in a variety of legal practice areas, ranging from lawsuits and trial practice to tax, real estate transactions, and estate planning. The terms "legal assistant" and "paralegal" are utilized interchangeably, similar to the terms lawyer and attorney.

What Paralegals Can Do

Family Law & Divorce: Paralegal aid includes preliminary paper files for divorce filings (summons, petition, etc.), disclosure declarations (income & expenditure, schedule of possessions & debts), discovery files & movements, arrears, judgment packages, and so on.

Debt Collection/Bankruptcy: assist clients with conclusion of required credit therapy prior to proper personal bankruptcy petitions, prepare Chapter 7, 11, and 13 personal bankruptcy petitions (consisting of discovering state exemptions and Chapter 13 plans), and so on.

Landlord/Tenant Law: help clients when signing a lease by ensuring it abides by relevant laws to secure your own interests, know and comprehend your rights, secure rights of both occupants and landlords, assistance property managers in the procedure of evicting a renter, and so on.

Civil Law: assist clients in the process of taking cases to court (lawsuits), legal and factual research, searching for background details on involved parties, clarifying facts, manage private info, assist in preparation for trial, preparation and service of subpoenas, summarizing medical records, and setting up depositions, etc.

The most significant benefit of paralegals is cost reduction. The simple math is that the typical internal lawyer makes $78,000-124,000 per year. That is roughly $39-62 per hour. A paralegal on the other hand makes $46,000-70,000 annually, or $23-35 per hour. Internal counsel must consider this extreme distinction in expense when examining the value of paralegals. In lots of circumstances, paralegals can do the job of a lawyer for much less.

About Us

Wall & Wall Legal Solutions is a Salt Lake City divorce attorney that represents clients throughout the entire state of Utah, including the areas surrounding SLC such as Provo, Ogden, Farmington, Tooele, Park City, Heber City, Woods Cross, Bountiful and St. George.

What is the Utah Office of Recovery Services?

The Utah Office of Recovery Services (ORS) provides extensive child support services and has relatively broad powers to release and implement child support orders. The state takes a parent’s main obligations to support their dependent kids seriously. It is essential to bear in mind that ORS does not represent either parent. They are assisted by lawyers from the state attorney general of the United States's office, who represent the state. Parents seeking particular legal guidance should get in touch with Wall & Wall Legal Solutions.

What Does the Utah Office of Recovery Services Do?

The Utah Office of Recovery Services will assist a recipient spouse to gather child support from the payor. According to Utah Code Area 30-3-5.1, any time a court gets in an order for child support, the order needs to include a provision for earnings withholding (wage garnishment) that permits the collection of child assistance from the obligor by ORS.

Income withholding by ORS of the payor's incomes will typically apply, even if the payor is not behind on his or her assistance obligation, unless great reason exists for the court not to use income withholding. ORS also has the authority to issue administrative orders relating to child support, and pursue court action with regard to withholding, withdrawing, or suspending chauffeur's licenses, and expert and recreational licenses of celebrations who owe unpaid support.

There are particular procedural safeguards and particular requirement for when ORS might seek suspension of an individual's motorist's license for long term failure to pay child support. Payment in full of any delinquency, or good faith payment arrangements based on work and monetary capability, will tend to prevent this drastic treatment. Regards to reinstatement of a suspended license are also provided by law. ORS will not generally garnish wages for spousal support (alimony) alone. Nevertheless, it will garnish earnings to gather alimony if there is likewise a simultaneous child assistance order.

What if Child Support Isn't Being Paid?

ORS will help a parent in adjusting a child support order that is at least three years of ages if there is a modification of 10% or more in between the amount currently ordered and the quantity that would be needed by the child assistance standards, and the difference is not of a short-lived nature. No showing of substantial modification of situations is essential if these requirements are satisfied.

Child support debts are collected four years after the youngest child reaches the age of 18, or for eight years after child assistance debts have actually been minimized to a sum certain judgment by a Utah court, whichever is longer. The maximum amount that might be garnished from an individual's paycheck from an administrative or judicial judgment for failure to assistance dependent children is 50% of his or her non reusable revenues for the work pay duration.

Each installation of child assistance ends up being a judgment on the day after it ends up being due and ORS may submit judgment liens against realty of the debtor and levy personal effects of the debtor that remains in ownership of 3rd parties. They may also report unpaid support to customer reporting firms.

Wall Legal Solutions Will Defend Your Rights

With a combined 190 years of experience, Wall & Wall Legal Solutions have handled all manner of child support cases since 1973. If your situation has left you in need of legal representation, do not hesitate to contact us for a free 30-minute assessment.

Tips on Telling the Kids About Your Divorce

Informing the kids is among the hardest parts of getting separated. It is vitally important to think about the feelings of the kids and act in their benefit, just as the court does when figuring out child custody. Mishandling this conversation can be detrimental to the well-being of your kids, along with your relationship with them.

Telling Your Kids About Your Divorce

• Be truthful: Be genuine with your kids when telling them about the divorce, especially when notifying older kids. Even if it feels much easier to lie or control the reality, it is most likely that they will learn the truth eventually in the divorce process. Honesty now cultivates your children's trust in you.
• Answer concerns: Your children will most likely have concerns when you tell them. Do not ignore them or let their questions go unanswered, which could cause more issues.
• Carefully select the location and time: Put effort and time into picking the location and time for the conversation. Select a time and place that fosters a feeling of security and security in your children.
• Do not place blame: Don't blame your spouse in your children's existence. Also refrain from going over spousal or child assistance with them. This type of behavior can make your kids feel forced to choose sides. If a joined front is possible, it is the best way to communicate with your kids.
• Tell all of your children at the same time: If you do not talk of the children at the same time, you could be positioning an amazing burden on one kid. It is best to inform them all at the exact same time if possible. This allows the kids to support one another.
• Do not minimize or restrict their feelings: Bear in mind that you are offering your child some really challenging news that could result in a large range of feelings. Do not make your kid feel bad for their sensations. Motivate them to express their feelings honestly.
• Consider seeking therapy for the children: Contacting a counselor that specializes in divorce might be monumental in helping your kids handle the impacts of a divorce. This gives them a safe space to be able to interact their sensations and procedure the divorce without feeling censored on what they can state to each parent.

Family Law Attorney in Salt Lake City

Informing your children about your divorce is a vital and delicate discussion. Put time and believed into it in order to secure your kid’s best interest. Another vital aspect of the divorce process is picking a Family Law Attorney. Contact Wall & Wall Legal Solutions for a complimentary consultation with an attorney with your best interest in mind.

Utah Divorce: Understanding The 90 Day Waiting Period

Utah Code: Title 30, Chapter 3, Section 18 – Waiting period for hearing after filing for divorce – Exemption – Use of counseling and education services not to be construed as condonation or promotion.(1) Unless the court finds that extraordinary circumstances exist and otherwise orders, no hearing for decree of divorce may be held by the court until 90 days has elapsed from the filing of the complaint, but the court may make interim orders as it considers just and equitable.(2)The use of counseling, mediation, and education services provided under this chapter may not be construed as condoning the acts that may constitute grounds for divorce on the part of either spouse nor of promoting divorce.

In the state of Utah, there is a 90 day waiting period before a divorce will be granted by a judge, which starts the day the request for divorce is submitted with the court.

There are several reasons concerning why the waiting period was initially embraced in Utah, the most popular being that this offers parties time to contemplate their choice to divorce. This can include any probability of reconciliation, and what is in the best interests of any children that may be included in the separation.

Can Wait Time be Waived?

The initial process for getting the three months waived is to file a motion. The petitioning party will need to present evidence of "extraordinary circumstances." The judge may rule on the documentation, or require the couple appear for a hearing. The court can then either reject the motion or grant it, which, if approved, the parties can get the closing forms processed and move on in their life.

• Documentation that could weigh in support of extraordinary circumstances and encourage the court to waive the waiting time could include:
• Both spouses having arrived at a complete and final agreement as to all terms of the divorce.
• Monetary distress.
• Abuse, or the threat of immediate danger
• Child-related problems.
• The assurance that there will be no more children born.
• Including that both individuals have attended the divorce classes.

However, including any of the above info does not ensure the waiver will be granted; the resolution is made on a case by case basis by the designated judge. Since the change in this particular law includes "extraordinary circumstances," it has actually been surprisingly difficult for parties to persuade the court to forgo the waiting period.

Another Important Time Period to Understand

There is another time period everyone really should be aware of when it concerns a dissolution of marriage, which is the service rule. In Utah, you have 120 days to serve your spouse with the divorce petition and accompanying forms, or the court could dismiss your case due to lack of service. This is not typically a concern for many people, because four months ought to be more than enough time to have anyone served. Having said that, many people petition the court for a divorce, then have second thoughts, or in some cases, the individuals try to work through their difference putting the divorce on hold. Just know that if you file for divorce then don't do anything for the designated 120 days, there is a strong possibility the judge is going to dismiss your case. If your case is dismissed for lack of service and you eventually make a decision to the move the case along, you will be required to refile, and will most likely have to pay the court filing costs all over again.

Wall & Wall: Divorce Attorneys in Utah

If you believe your case may satisfy the extraordinary circumstances exception to the 90 day waiting rule, contact the experts at Wall & Wall Legal Solutions. We can offer our legal thoughts on what your likelihoods are of expediting your divorce. Contact us here, or call 801-441-2388 today!