Chris Salcido, Author at St George Divorce Attorney | Southern Utah Family Lawyer | Mediation

The Financial Declaration in a Utah Divorce

Chris Salcido — Fri, 24 Oct 2014 17:31:29 +0000

If you are involved in a contested divorce in Utah, you are required to provide the other party with a financial declaration and initial disclosures. This is governed by Rule 26.1 of the Utah Rules of Civil Procedure and everyone in this situation must give a full and accurate disclosure of their financial situation. The financial declaration is a specific court approved form detailing all of your income, assets, debts, and expenses. The form should be filled out completely. In addition, you must provide financial records proving the details of your financial declaration. The required records are as follows:

Statements verifying amounts of everything listed in your financial declaration.
Complete tax returns for the previous two years.
The last 12 months of pay statements.
All loan applications or financial statements prepared in the past 12 months.
Documents verifying real estate.
All bank and investment statements for the previous 3 months.

Failure to provide your financial declaration and the above mentioned supporting documents, can result in a negative ruling by the judge on financial matters and other possibly other negative consequences.

Deadline for the Financial Declaration

If you are the Petitioner in the divorce, meaning if you are the one who filed the divorce, your complete financial declaration is due within 14 days after the Respondent files his/her answer to your divorce petition. The Respondent’s financial declaration is then due 28 days after the answer is filed. Do not miss your deadlines with regards to these disclosures. So what happens if the other party is refusing to provide you with their financial declaration or any other required information? You can file a motion to compel this information and ask the judge to hold the other party in contempt and issue sanctions and attorney fees (if you are represented by counsel) against them.

Help with the Financial Declaration and Disclosures

If you are not represented by an attorney and need help with your financial declaration or initial disclosures, call our office anytime to speak with a St. George Divorce Lawyer. The rules can be difficult to understand so it certainly helps to have an experienced attorney on your side walking you through the steps of providing the other party with the required financial declaration. Also, because the financial declaration can have such a huge impact on the financial issues in your case, you really should at a minimum review it with with a lawyer.

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Does Utah Law Recognize Marriages from Other Countries?

Chris Salcido — Tue, 20 May 2014 19:33:29 +0000

The short answer is yes. Let’s say you are married on a tropical island in the Caribbean somewhere. You return home and want to have your marriage recognized in Utah but you are worried you may have to do something in Utah to make that happen. Well, for most people who are married out of country, they don’t have a to worry about there marriage being somehow invalidated by a Utah Court. In fact, there are only a few exceptions to the general rule that a valid marriage in any country equals a valid marriage under Utah law. Those exceptions are as follows:

One of the parties was not yet divorced from another living spouse at the time of the marriage. This may seem like a no brainer but in some countries you can marry multiple partners. So, if you are still married but marry an additional individual in another country that does not prohibit polygamy, your marriage would not be deemed valid under Utah law.
If the person you married in another country were under the age of 16, your marriage would not be valid under Utah law. Again, it might be lawful for you to marry the person in the particular country in which you married. Nonetheless, Utah does not recognize marriages to minors under the age of 16 under any circumstances.
If you marry an individual of the same sex in another country, for instance New Zealand recently legalized gay marriage, a Utah court would currently not recognize such a marriage. However, this may be changing very soon as the issue of gay marriage in Utah is currently making its way through the federal courts process and federal judges have recently ruled in favor of gay marriage in Utah.
If you are related within 3 degrees of the person you married in another country, Utah will not legally recognize your marriage. This obviously means you can’t marry family members, cousins, or anyone closely related to you.

For 99% of people getting married over seas, there is never going to be a problem with enforcing your marital rights, seeking a divorce in Utah, or otherwise feeling confident you have a legally valid marriage under Utah law. For the few that may fall under one of the exceptions stated above, you should consult with a Utah Divorce Lawyer to further investigate your marital sanding. For more information call us anytime.

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Requesting a Change in Alimony

Chris Salcido — Fri, 04 Apr 2014 21:27:58 +0000

Post divorce life can be a long journey. Things often change financially for the parties to a divorce later down the road. The payor spouse may fall on hard times that are not temporary in nature and thus require a decrease or termination of the alimony award. Likewise, the recipient spouse might also fall on hard times and require an increase in spousal support at some point following the divorce. Alimony is always modifiable, meaning alimony can change if either party seeks a change and are justified in doing so. The party requesting a change in alimony must meet the same standard necessary to change any other provision in the divorce decree. That is, the party must be able to prove a substantial change of circumstances subsequent to the decree that was not originally contemplated within the decree itself. The question becomes, what is considered a substantial change of circumstances?

Substantial Change of Circumstances

There are many potential situations which could qualify as a substantial change in circumstances and be sufficient grounds for modifying an alimony award. First, lets consider a few fact patterns which would likely be seen as sufficient changes in circumstances justifying the decrease or termination of alimony. The most common scenario we deal with is a job loss. Now, if you lose your job but it is a temporary job loss, you may not get much relief from the court. If, however, you have been unemployed for a greater period of time, 6 months or more, your job loss might not be considered so temporary and a long term modification might be granted. Disability is one case where a person might find great success in terminating alimony all together. If you are injured and unable to work as a result, you might be able to terminate your alimony order. Additionally, let’s say your spouse was unemployed at the time the decree was originally entered and later become employed and thus no longer has the same need for alimony. The courts in Utah have found a recipient spouse’s increase in income and employment can be considered in modifying or terminating spousal support.

Increasing Alimony

Since alimony is always modifiable, a recipient spouse can come back years following entry of the divorce decree and ask for more support if justified. Much as discussed above, if the recipient spouse needs additional support through no fault of her own, such as following a job loss, injury or disability, or other possible financial emergency, he/she may move the court for an adjustment. Sometimes, a recipient spouse may want to seek an increase in alimony because they discover their ex is now earning much more following divorce. However, alimony starts with the need of the recipient spouse. Thus the paying party’s increase in income alone will not be sufficient, the recipient spouse will still need to demonstrate a change in his/her need.

Modifying Alimony to Extend Beyond Length of Marriage

Generally speaking, alimony may only be awarded up to the length of the marriage. However, many people do not realize a party may request a modification prior to the termination of the alimony award, requesting an extension of alimony. In order to have alimony award extend beyond the number of years in the marriage, the party must request the extension prior to termination and prove extenuating circumstances justifying the continued payments. Extenuating circumstances can mean possibly many different things, therefore, you should speak with a divorce attorney at our office today if you think you qualify.

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The Discovery Process in Divorce

Chris Salcido — Fri, 21 Feb 2014 17:26:35 +0000

One of the most important phases of litigation in a contested Utah divorce is the discovery process. The discovery process is the means of learning everything about the other side’s position and the evidence they would produce at trial. It is very important to thoroughly investigate the other party’s claims in a divorce including all financial matters, custody arguments, etc. The discovery process can be broken up into about three important elements which are all described below.

Financial Declaration and Initial Disclosures

At the beginning of every divorce, both parties are required to fill out a financial declaration disclosing all of their income, expenses, assets, debts, etc. Full financial declarations are provided to each side. The financial declaration is extremely important as the judge in your case will take into account the information provided in this form in determining financial matters such as alimony, child support, and division of assets. As your attorney, we ensure your financial declaration is properly executed and ensure the other side has fully disclosed all relevant financial information.

Similar to your financial declaration, you must also provide, and the other side must do the same, initial disclosures detailing relevant evidence you intend to introduce at trial. This includes any witnesses, documents, etc. that you intend to bring as evidence in support of your claims. This covers anything known at the time you make the disclosures. There are court imposed deadlines for when your initial disclosures are due so it is important to speak with your St. George Divorce Lawyer early about this process.

Written Discovery Requests

To learn more about the other party’s claims, your attorney can send written discovery requests to them requiring they provide certain documents, answer questions, and admit or deny certain allegations. These are generally called requests for admissions, requests for production of documents, and interrogatories. Additionally, your lawyer can send subpoenas to any relevant party seeking any relevant piece of evidence. For instance, if you believe your spouse is hiding assets, subpoenas can be sent to accountants, banks, etc. to help find out more information about assets and related issues.

Written discovery requests are one of the most effective tools in your lawyers bag of tricks. Often these requests are battled between the attorneys because the potential impact a certain disclosures may cause. It is not uncommon for one side to object to a certain request and for the judge to have to intervene.

Depositions

Finally, a very useful tool in the discovery process is the deposition. We can call the other party to appear out our office to answer questions on the record. We can cross examine them just like we would at trial. This allows us to discover what their anticipated testimony would be at trial. The deposition is recorded and the testimony given can be introduced as evidence at trial.

Help From Utah Divorce Lawyers

We know how to use the discovery process to your advantage, to give you the best possibility of resolving your divorce in your favor. Retaining one of our Utah Divorce Lawyers can make a big impact on your ability to discover all the necessary information about your soon to be ex’s case. Call us today for an analysis of your matter.

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Avoiding Custody Disputes During the Holidays

Chris Salcido — Tue, 17 Dec 2013 23:51:53 +0000

The holidays can be stressful for many of us. For divorced parents managing the holiday parent times issues can add a whole other level of stress. Not surprisingly, many divorced parents tend not to agree on all the child related issues during the Christmas season. When do you get the kids, when do I get the kids, where and when to drop off, who picks up, and on on. We all know the kids suffer the most when parents are unable to get along during this time of year and the kids are trapped in the middle. That can really dampen their holiday spirits. For that reason we provide a couple tips to help avoid custody arguments that may arise for holiday parent time.

Discuss Issues Early

The terms of your divorce decree may not work well this year for you, or the kids, or for anyone. However, you will be held to the terms of the decree unless your ex spouse agrees to something different. Therefore, if you know you are going to need a variance on your holiday parent time to make it work, talk to your ex about this early. People are more likely and able to agree to minor changes on parent time if they have advance notice. Try never to spring up issues that could result in a fight last minute. Even if your ex won’t agree, it is better to go through that battle a month before Christmas than the day before. This way the children are not exposed to conflict so close to the holiday and if necessary you can make other arrangements.

Know What Your Decree and the Statutes Actually Say

I can’t tell you how many times a client has called us thinking their ex is breaking the terms of their divorce decree only to later realize the terms actually didn’t favor them. The first step if there is a disagreement on holiday parent time is determine what your own responsibilities under your decree are. Often a divorce decree will refer to dividing holidays based on the “standard statutory schedule.” This can be tricky and even St. George Divorce Lawyers sometimes get the terms of the statutes wrong. Nonetheless, the best thing to do is to go over the terms of the statutes with you divorce attorney to arrive at the proper meaning. Once you know what your obligations are, you can have a more informed conversation with your ex or have your lawyer discuss the matter for you.

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A Successful Divorce Mediation Requires Preparation

Chris Salcido — Wed, 02 Oct 2013 15:14:49 +0000

In Utah, the law requires parties to a divorce attend at least one session of divorce mediation in good faith prior to going to trial. Mediation can be an effective means of reaching a settlement agreement, even in hotly contested matters. However, going into a mediation not prepared and without supporting evidence for your claims can lead to a huge waste of time and money spent in the process. The key to any mediation is in large part is the preparation going in.

What You Need to Know

Before you go to mediation, you need to know all the details surrounding your claims. For example, if there are financial matters at issue such as alimony or child support. You need to know your own total financial picture and that of your soon to be ex. You need to know your spouse’s income, expenses, assets, etc. If there are child issues at stake, you need to know your spouse’s work schedule and the schedules of your kids. If assets are at issue such as a marital home, business, or bank accounts, you should know exactly the value of each asset. For any issue, you should be fully aware of how the law applies to your case. Understanding how a judge would rule if you don’t agree can help you manage your risk in the matter.

What You Need to Bring

Generally speaking, you should go to the mediation with evidence to support all of your claims. If financial matters are at stake, you should have a fully executed financial declaration with all supporting documents. You need to make sure the other side has provided you with the same. If a home is at issue, you should have an appraisal or other document demonstrating the value. If child custody is at stake, a calendar showing all the recent days of the last few months you have had with the children can have a great impact.

Bringing a Lawyer to Mediation

Even if you are yet to hire a lawyer, you should consider getting one on board if nothing else just for the mediation. A good St. George Divorce Attorney can help you adequately prepare and organize for the mediation to help ensure your best chance of reaching an agreement. Additionally, since the mediator is not looking out for your best interests, having an attorney by your side only focused on what is best for you can be invaluable. As mentioned, knowing how a judge would likely rule on any given issue is essentially to effectively mediating. A lawyer can help in the mediation and give you an idea of what you could expect at court.

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Rights of Unwed Parents With No Court Orders

Chris Salcido — Wed, 28 Aug 2013 03:42:55 +0000

We frequently get calls from unwed mothers and fathers who have never been to court, have no court orders, and want to know what their rights are with their children. Often they ask things like, “can he/she keep my child from me?” The truth is without a court order for custody, parent time, and any other child issue in place, your rights may be limited. Two parents, generally speaking, have equal rights to their children absent a court order to the contrary. But what this really means is if one parent is keeping the child from the other, that parent may be stuck until they can get the issue before a commissioner or judge. For this reason, we almost always counsel our clients seeking custody to not wait in getting into court. We have seen numerous horror stories of parents disappearing with children or leaving the state and becoming almost impossible to find. Don’t let this happen to you. If you do not have any custody or other child orders in place, you should act immediately to prevent future problems from arising. Even if you and the other parent get a long great, you never know if something is going to change. Don’t take any chances.

Specific Rights of Unwed Fathers

If you are the father in the relationship, and are not married, you should be aware of the following laws in Utah which may affect your ability to prevent an adoption of your child. First, if your child is less than 6 months old, the mother does not need your consent to give your child up for adoption unless you file a paternity action within 1 day following the birth of your child. There are exceptions to this general rule; you should consult with an attorney for details. Second, if your child is over 6 months old, consent may still not be required unless you can prove a substantial relationship exists between you and your child. Again, for advice regarding you specific situation, call and speak with a St. George Divorce Attorney at our firm today.

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Keeping Your Separate Property…Your Separate Property

Chris Salcido — Thu, 11 Jul 2013 05:39:09 +0000

Sometimes one person enters a marriage with considerably more assets and wealth than the other party. Unfortunately for some of those people, a divorce later follows and they leave the marriage with considerably less than they started out with. Nothing can be more frustrating than the feeling that a spouse who contributed little to the marriage walks away with a big chunk of what you thought would always be yours. If you have assets, will be inheriting assets, or simply are wealthy, there are 2 primary things you can do to ensure your wealth will be protected in the event of divorce.

Prenuptial Agreements

You know we were going to list this one first. A prenup is by no means romantic, however, it is absolutely crucial if you want to ensure your fortune is secure from divorce or separation. If you are planning on getting married, the last thing you probably want to think about is discussing protecting yourself from your spouse. We can’t tell you how many nasty divorces could have been avoided had the parties just simply executed a prenup. Absent not getting married at all, a prenuptial agreement is the very best tool you have to protect what you own going into marriage.

Don’t Comingle

The second best thing you can do to prevent a soon to be ex from taking ownership in your property is to keep the separate property you bring into the marriage separate. Do not comingle your assets such that a court would have a difficult time determining what is your and what is his/hers. Comingling of assets can occur in a number of different ways. For instance, let’s say you own a home prior to the marriage. Following the marriage, you put your spouse’s name on the title. You guys do some remodeling or maybe even take out a home equity line of credit on the property. Maybe your spouse makes significant improvements to the property. All of these things could create the appearance of comingling the property and could mean you lose a portion of the total value. Be careful and consult with a lawyer prior to marriage to determine the best course of action regarding your property.

The General Rule

The general rule when it comes to property is that anything you owned prior to the marriage is your separate property. However, there a few exceptions to this rule so don’t take any chances, speak with a St. George Divorce Attorney if you have any questions about diving property or planning for protections going into a marriage. We can help with these issues so do not hesitate to call for a free consultation right over the phone.

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Common Law Marriage in Utah

Chris Salcido — Sun, 23 Jun 2013 20:16:29 +0000

A man and woman involved in a relationship can have their relationship declared a marriage if a number of elements can be proven by the parties. The statute refers to these as unsolemnized marriages but is more generally referred to as the Common Law Marriage in Utah. If a party wishes to have a common law marriage declared as valid, the party must file a petition demonstrating the following:

The parties are of legal age and capable of consenting to a marriage.
The parties are legally capable of entering a solemnized marriage.
The parties have lived together.
The parties assumed marital rights and responsibilities.
The parties held themselves out as man and wife.

You will notice there is no time period requirement such as the requirement that the parties cohabitated for a minimum of “X” amount of years etc. Many people falsely believe they have to have been dating or lived together for a long period of time or something to that effect in order to have a shot at a court declaring them to have a valid marriage. This is not the case. While such requirements may be imposed in other jurisdictions, Utah does not require these kinds of time periods.

When Common Law Marriage Makes Sense

There are few different reasons why a person may want to declare their relationship as a legal and valid marriage. Probably the most common is the case where two people have been living and dating for several years, sometimes have children together, and then later decide to separate. Often the parties have invested their entire life into the relationship and desire the same protections and rights that come with divorce. In situations where the parties meet all of the elements necessary under the law, an individual can seek the same protections and address the same issues as in a regular divorce.

Seeking Legal Representation

Having a court declare your relationship as a common law marriage is no easy task. Seeking legal representation from an experienced St. George Divorce Attorney can substantially improve your chances of correctly going through the legal process. Don’t leave something this important to chance, call and speak with a family law attorney at our firm as soon as possible.

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Jurisdictional Issues in a Utah Divorce

Chris Salcido — Mon, 08 Apr 2013 21:45:07 +0000

Jurisdiction refers to a court’s authority over a case or authority over a person. In order to meet the court jurisdictional authority in a Utah divorce, at least one of the parties must have been a bona fide resident of the county in which they filed for at least 3 months immediately preceding the filing of the divorce petition. This means that the husband or the wife, not necessarily both, must have actually lived in that particular county for the 3 months prior to filing for divorce. Often times, one of the parties just moved to Utah or to a particular county and as a result must wait 3 months before they can file. This is an important rule to consider as you contemplate when and where to file for divorce.

Jurisdiction Over Children

In divorces involving children, the jurisdictional requirement is generally 6 months. This means that the children must have lived in Utah for a period of 6 months prior to the court having authority to make any custody or other child order. There are some exceptions to this rule but it gets complicated so you should discuss any of these issues directly with a St. George Divorce Attorney in our office.

Jurisdiction Over Non Residents

If one party does not live in Utah, and the parties have never lived in Utah during the marriage, and the nonresident did not commit any acts giving rise to the divorce in Utah, it is highly unlikely a court would will find there is sufficient jurisdiction in Utah, most likely under those terms a court would dismiss a case for lack of jurisdiction. If you have recently moved to Utah and your soon to be ex resides in another state, you should consult with a lawyer to determine the place in which you should file for divorce.

Getting More Information

Jurisdictional issues can be complex in divorce. Therefore, you should meet with an experienced divorce lawyer in Utah at our office prior to taking any steps to file on your own. Get a free consultation with an attorney at our firm as soon as possible by calling 435.216.1034.

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