|changing event. Because of the emotions and important asset and family |
issues involved, including custody and parenting issues, we offer our assistance
to navigate you through the challenging and sometimes bitter waters of
divorce. We are committed to fair and conscientious representation where your
greatest issues and concerns should be on the forefront. Whether your
separation is uncontested or you anticipate a long and arduous battle. We will
ensure your case receives the individual attention and sympathetic
representation which you deserve.
We will assist you in dividing your marital assets including vehicles, retirement
plans and real property. We will ensure that debts and obligations are
addressed in an equitable manner. Support issues will be handled to ensure
you and your children have your needs met going into the future. The ever
important issue of custody and parent time with your children will be resolved so
your family can forge forward and continue to strengthen the bond between
parent and child even after a divorce.
DIVORCE ISSUES IN UTAH
The following legal and procedural issues will be addressed in your divorce case. For information relevant
to your specific case please contact us and we will be glad to listen to your concerns and advise you
according to your individual circumstances.
RESIDENCY – State, City & County in which you now live and the court in which
you are filing. Jurisdiction and court venue are determined according to length
of residency of the parties and the “home state” of the children. You must
reside within the state of Utah for at least 6 months and within the county where
the action is filed for at least 3 months.
MARRIAGE STATISTICS – Date, City, County & State of Marriage. The court
also requires information on prior marriages and educational backgrounds of
GROUNDS FOR DIVORCE – Many available reasons exist for filing a divorce,
including the following: Irreconcilable differences (most common); Infidelity –
cheating on a spouse; Physical/Emotional Abuse; Financial Mistrust/Fraud;
Impotency at the time of the marriage; Willful desertion or neglect; Habitual
drunkenness; Conviction of a Felony; Incurable Insanity
ISSUE OF MARRIAGE – Children, Date Born, Gender, etc.
CUSTODY – Child Custody is the legal determination of who will be the primary
caretaker & who will exercise parent-time (visitation). For more detailed
information on custody issues please visit our custody page.
VISITATION / PARENT TIME – Driven by statute, but may have limitations based
on parental behavior. Unless there is a specific finding and order to the
contrary, a non-custodial parent is entitled to the minimum parent time outlined
in the statute. A workable parent time plan can be agreed upon by the
parties at mediation or through the assistance of counsel.
DIVORCE EDUCATION CLASS FOR PARENTS - Pursuant to U.C.A. §30-3-11.3
and 11.4 , As Amended 1992, Both parties are required to attend a two (2) hour
course entitled, “Mandatory Educational Course for Divorcing Parents”, and a
one (1) hour course entitled, “Mandatory Divorce Orientation Course”
unless waived by the Court Pursuant to U.C.A. §30-3-4(c), before the divorce
can be granted.
CHILD SUPPORT – Based on the combined incomes of both parties and driven
by statute. Usually paid to the custodial parent, however in joint custody
situations the calculation is different and may result in a lower payment or
neither party paying the other party anything.
DAYCARE EXPENSES – Divided equally, and available for reasonable work or
education related expenses and any others you may agree on. Usually the
parent who needs to get daycare or babysitting must first offer other parent a
right of first refusal to provide the care instead of a third party provider if
SPOUSAL SUPPORT (ALIMONY) –The court considers both the need of the
party seeking support and the ability to pay of the other party. The court will
also consider the ability to earn income of the party seeking support payments.
More commons in marriages of longer duration, particularly when there is a
large disparity in income. Most common when one party puts another through
school or sacrifices their own education to care for children of the marriage.
Spousal support can be awarded for a term not to exceed the actual length of
the marriage and terminates upon the marriage or cohabitation of the receiving
PERSONAL PROPERTY – Utah law requires the equitable divisions of property.
You get what you brought into the marriage, all property and money left to you
in a Will or other Testamentary Device. The remainder of the property is divided
fairly or equitably (not necessarily equally as Utah is not a community
property state). Do not dispose of, sell, or encumber any marital property
during the divorce proceedings unless you have an agreement in writing.
REAL PROPERTY – if purchased during the term of the marriage, it is divisible.
One party may buy the other party out or an agreement can be reached to
settle the matter.
RETIREMENT & INVESTMENT ACCOUNTS – Pursuant to Utah law all assets
acquired during the marriage are divisible and this includes all investment
accounts, retirement accounts, thrift savings plans as well as other accounts.
DEBTS AND OBLIGATIONS – Even though you are separating, these must be
paid and so you will need to decide who can pay what and when. At the
termination of the divorce the debts will be divided equitably and you can each
go your own way. As a practical matter it is advisable to divide the debts with
each party paying specific debts in their entirety if possible, rather then both
parties paying a portion of all the debts. This can help avoid certain credit
problems by having debts separated into one party’s name only. Utah is not a
community property state and therefore debts are divided “equitably” not
TEMPORARY RELIEF – Temporary orders can be obtained from the court to
address financial, support and custody issues while the action is pending.
COSTS AND ATTORNEY FEES – Unless the court orders otherwise, each party
is liable for his or her own attorney fees and court costs. The filing fee is paid by
the petitioner, however the respondent will have to pay a filing fee if a
counterclaim is filed. We can seek an order for the opposing party to pay
attorney fees, particularly if we can show the other party’s conduct resulted in
the necessity of seeking judicial relief and incurring attorney fees.
RESTORATION OF SURNAME – Usually the wife has taken on her husbands
last name and as an option, she may return to her prior last name.
WAIVER OF INTERLOCUTORY WAITING PERIOD – There is a 90 day waiting
period before a divorce may be granted, it may be waived by order of the court.
The waiting period is automatically waived upon the completion of the required
parenting course for divorcing parents.
MEDIATION – Under Utah law, the parties to a divorce action are required to
engage in alternative dispute resolution more commonly referred to as
mediation. In any divorce action which includes contested issues, the parties
shall participate in good faith in at least one session of mediation. If after one
session, the parties do not feel the mediation is assisting them in the resolution
of their issues, they may move forward with court litigation. Jensen Legal
Services is skilled and experienced in assisting clients to resolve their legal
disputes in mediation saving clients time and money.
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JENSEN LEGAL SERVICES
Troy R. Jensen, Esq.
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