When going through a divorce in St. George, Cedar City, or anywhere else in the state, it is important to understand the basic Utah divorce laws and how such laws and rules can affect your case and the rights you have with your children, or to property, or anything else. Even if you have a divorce attorney in Southern Utah, you should still at least be familiar with the fundamental rules regarding family law matters so you know what to expect in the divorce process in Utah and the dos and don’ts that can either help or wreck your legal position. This article provides a brief discussion concerning a few of the most basic laws you should be aware of when beginning your case. For a more detailed discussion about your specific facts, call and speak to a member of our team now: 435.216.1034.
Divorce Education Classes
The family statutes in Utah require divorcing parents to attend divorce education classes before a court will sign off on a divorce. There are two classes and the total time for both combined is about 3 hours. The intent behind this law is to ensure that both parents understand how to act in the best interests of the child and to have common goals of parenting so the children are least impacted negatively by the divorce. The classes are held once per week in some counties. To find out more about the specific dates and times the classes are offered, you can visit the state court’s website.
Marital Property v. Separate Property
Generally speaking, any property and assets acquired during the marriage is considered marital property while any property owned by either party prior to the marriage is considered separate property. Marital property is subject to an equitable division while separate property generally not. In some cases, separate property may become marital property due to commingling, thus becoming subject to an equitable division between the parties.
Custody Factors
The general rules you should be aware of to help your arguments for custody are as follows: First, you should understand that the status quo can have a bid impact on the judge’s ultimate decision regarding custody. If you have been separated for a while and the parties have been following a joint custody arrangement and the children are well adjusted to this scenario, the judge may be inclined to follow that status quo because it typically means stability for the kids. Second, you may be entitled to have a custody evaluation in which a licensed professional makes a recommendation to the judge about custody following an evaluation. Finally, you should know that withholding parent time from the other parent can often wreck your custody case. You need to show to the judge that you will work towards the best interests of the kids and often that means facilitating parent time with the other parent.
St. George Divorce Attorney
If you are considering divorce or have been served with divorce papers by your spouse, call us today. The early steps you take to prepare your case are often vital. We will help you through this financial and emotional rollercoaster and work hard to protected you and your rights to your children and property. Call us with a St. George divorce attorney at out office as soon as possible.
