Washington County Divorce Lawyers | Utah Family Law Attorney

Posted on October 5, 2012 by Jerry Salcido

When searching for Washington County Divorce Lawyers, make sure you find a local attorney who understand the intricacies of the courts in Southern Utah. There are some differences between the court system in St. George and the way the Salt Lake City and Northern Utah courts operate. For instance, in Salt Lake and many other northern counties, commissioners are appointed who hear nearly all of the divorce and domestic issues in cases including protective orders, rarely do parties ever even see the actual judge assigned to the case. In Southern Utah however, the courts do not operate with commissioners but rather the Fifth District Judges hear all of the family law matters. This means that your divorce case must be as well prepared as possible from the beginning because you will likely have the same judge hear all of your motions and will eventually make a decision at trial. You see, if the judge has already ruled on a temporary basis that XYZ shall be ordered, it usually means the judge will rule the same way in a final order unless something significant has changed. So, if you are in Washington County, it is critical your case is well prepared for temporary orders and preliminary proceedings. This also is important because for the most part, having the judge decide an initial motion as opposed to a commissioner gives you essentially only one bite at the apple. While you can object to a commissioner’s ruling and then have the judge decide, the same process is not available where the judge assigned to the case has already made the decision.

Utah Family Law Attorney

At our law firm, you will find a Family Law Attorney in Washington County who is experienced in the local courts. We know how the courts here in town operate. We understand how the local judges make their decisions and what it takes to give you the best chance of meeting your goals and protecting your rights through these tumultuous times. We can help ensure you get a fair shake in the local court system and that your children are also protected. St. George and the rest of Washington County is a small community and having local counsel who understand not only the courts but the local way of life can be a tremendous help to your case. We will work hard on your behalf, call us anytime at 435.216.1034.

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Lawsuit Settlements and Dividing Assets in Divorce

Posted on July 9, 2012 by Chris Salcido

In some divorces, spouses may have considerable amounts of money which resulted from a personal injury or other law suit in which one spouse was compensated for injuries. In these types of situations, divorcing couples often fight over the division of these funds. Often, the spouse to whom the settlement was paid claims such funds are separate property with the other spouse having no legal interests. On the other hand, the non recipient spouse may argue the funds are martial and subject to a division by the court. So what is the law in Utah on this issue? The general rules is that any money received by a spouse in settlement of a personal injury law suit is the sole and separate property of that recipient spouse. However, there are some caveats to this general rule you should be aware of. First, any settlement funds which were awarded as lost wages and medical expenses, which came out of marital property, are subject to an equitable division by the court. This is important because in many personal injury law suits, the bulk of damages awarded are classified as economic damages which include medical expenses and lost wages. Second, the court can order that debts which accrued during the marriage be paid by a portion of the settlement funds. Therefore, ultimately a personal injury settlement is subject to the trial court’s consideration in making an equitable awarded of property and debts.

St. George Divorce Attorney | Helping With Financial Matters

Lawsuit pay outs may be only one of many assets to a marriage, or perhaps the only asset with the marriage being mired down in debt. Either way, a St. George divorce attorney at our law firm can help with the financial matters in the divorce which may be causing you stress. Contact us today to get started.

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Parent Time and Relocating Out of State or 150 Miles Away

Posted on June 20, 2012 by Jerry Salcido

We receive many calls each week conerning questions about out of state relocation and how custody and parent time rights are effrected. Many divorce decrees follow the standard parent time relocation for these matters. Below is the complete Utah Code Ann. 30-3-37 Relocation Statute. If you have any question about the below stated law, speak with one of our St. George Divorce Attorneys today.

30‑3‑37.   Relocation.

(1)  For purposes of this section, “relocation” means moving 150 miles or more from the residence specified in the court’s decree.

(2)  The relocating parent shall provide, if possible, 60 days advance written notice of the intended relocation to the other parent.  The written notice of relocation shall contain statements affirming the following:

(a)  the parent‑time provisions in Subsection (5) or a schedule approved by both parties will be followed; and

(b)  neither parent will interfere with the other’s parental rights pursuant to court ordered parent‑time arrangements, or the schedule approved by both parties.

(3)  The court may, upon motion of any party or upon the court’s own motion, schedule a hearing with notice to review the notice of relocation and parent‑time schedule as provided in Section 30‑3‑35 and make appropriate orders regarding the parent‑time and costs for parent‑time transportation.

(4)  In determining the parent‑time schedule and allocating the transportation costs, the court shall consider:

(a)  the reason for the parent’s relocation;

(b)  the additional costs or difficulty to both parents in exercising parent‑time;

(c)  the economic resources of both parents; and

(d)  other factors the court considers necessary and relevant.

(5)  Unless otherwise ordered by the court, upon the relocation, as defined in Subsection (1), of one of the parties the following schedule shall be the minimum requirements for parent‑time with a school‑age child:

(a)  in years ending in an odd number, the child shall spend the following holidays with the noncustodial parent:

(i)  Thanksgiving holiday beginning Wednesday until Sunday; and

(ii)  Spring break, if applicable, beginning the last day of school before the holiday until the day before school resumes;

(b)  in years ending in an even number, the child shall spend the following holidays with the noncustodial parent:

(i)  the entire winter school break period; and

(ii)  the Fall school break beginning the last day of school before the holiday until the day before school resumes;

(c)  extended parent‑time equal to 1/2 of the summer or off‑track time for consecutive weeks.  The children should be returned to the custodial home no later than seven days before school begins; however, this week shall be counted when determining the amount of parent‑time to be divided between the parents for the summer or off‑track period; and

(d) one weekend per month, at the option and expense of the noncustodial parent.

(6)  The noncustodial parent’s monthly weekend entitlement is subject to the following restrictions.

(a)  If the noncustodial parent has not designated a specific weekend for parent‑time, the noncustodial parent shall receive the last weekend of each month unless a holiday assigned to the custodial parent falls on that particular weekend.  If a holiday assigned to the custodial parent falls on the last weekend of the month, the noncustodial parent shall be entitled to the next to the last weekend of the month.

 

(b)  If a noncustodial parent’s extended parent‑time or parent‑time over a holiday extends into or through the first weekend of the next month, that weekend shall be considered the noncustodial parent’s monthly weekend entitlement for that month.

(c)  If a child is out of school for teacher development days or snow days after the children begin the school year, or other days not included in the list of holidays in Subsection (5) and those days are contiguous with the noncustodial parent’s monthly weekend parent‑time, those days shall be included in the weekend parent‑time.

(7)  The custodial parent is entitled to all parent‑time not specifically allocated to the noncustodial parent.

(8)  In the event finances and distance preclude the exercise of minimum parent‑time for the noncustodial parent during the school year, the court should consider awarding more time for the noncustodial parent during the summer time if it is in the best interests of the children.

(9)  Upon the motion of any party, the court may order uninterrupted parent‑time with the noncustodial parent for a minimum of 30 days during extended parent‑time, unless the court finds it is not in the best interests of the child.  If the court orders uninterrupted parent‑time during a period not covered by this section, it shall specify in its order which parent is responsible for the child’s travel expenses.

(10)  Unless otherwise ordered by the court the relocating party shall be responsible for all the child’s travel expenses relating to Subsections (5)(a) and (b) and 1/2 of the child’s travel expenses relating to Subsection (5)(c), provided the noncustodial parent is current on all support obligations.  If the noncustodial parent has been found in contempt for not being current on all support obligations, the noncustodial parent shall be responsible for all of the child’s travel expenses under Subsection (5), unless the court rules otherwise.  Reimbursement by either responsible party to the other for the child’s travel expenses shall be made within 30 days of receipt of documents detailing those expenses.

(11)  The court may apply this provision to any preexisting decree of divorce.

(12)  Any action under this section may be set for an expedited hearing.

(13)  A parent who fails to comply with the notice of relocation in Subsection (2) shall be in contempt of the court’s order.

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Divorce Court Process in St. George

Posted on May 28, 2012 by Chris Salcido

The divorce court process in St. George is similar to the divorce process in the rest of the state. However, there are some unique aspects of the Fifth District Court in Washington County when it comes to some family law matters. One of the biggest differences in the process here in St. George compared to many other jurisdictions in the state is the lack of a court commissioner. In Salt Lake and Provo, and many other district courts in Utah, there is a commissioner appointed in domestic cases. The commissioner is the authority that rules on almost everything prior to trial. If you do not agree with the commissioner’s decision on something, you have the option of objecting to their ruling and appealing to the judge for a hearing and decision. This effectively means you get 2 bites at the apple is you desire to go to the judge following a commissioner’s decision. Here, in Southern Utah however, there are no court commissioners appointed for domestic matters. Rather, you only have one bite at the apple because all of your issues pre trial and at trial will be heard upfront by the judge assigned to the case. Why is this important? This is important to understand for many reasons the foremost being the fact that you and your Southern Utah family law attorney need to make sure you get it right the first time on any issue brought to court.

Temporary Orders

While temporary orders in Salt Lake and Provo are initially done by a proffered testimony hearing, the process in St. George is different. Temporary orders are heard by the judge here in Washington County so any temporary order brought should be well prepared. Judges have tenancy to follow their own precedent so if you lose on an issue at the temporary orders stage, you may have a hard time overturning that at trial for a final order.

St. George Divorce Attorney

If you are going through divorce in St. George, Cedar City, or any of the surrounding areas, it is very important to obtain counsel from a local St. George divorce attorney who is familiar with the intricacies of the legal system in Southern Utah. At our office, we pride ourselves in understanding how the court rules locally on specific issues in divorce. For more information or to speak with a member of our team today, call us as soon as possible at 435.216.1034.

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Utah Divorce Laws | Divorce Attorney in Southern Utah

Posted on May 16, 2012 by Jerry Salcido

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.

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Mediation as Part of the Divorce Process

Posted on March 9, 2012 by Chris Salcido

In most circumstances the reason stated for a divorce are irreconcilable differences. With that description in mind, a lot of people wonder how a party is expected to be able to come to an agreement through mediation, and the answer to that is incentives. First and foremost is the fact that Utah courts require that a couple go to a session of mediation before they will be granted a divorce, so the parties have an incentive to try and make mediation work or they will simply be wasting everyone’s time. Second, a divorce that is solved through mediation can costs hundreds or even thousands of dollars less than a divorce that is drug out and fought in court.

Making Mediation Work for You

There are a number of things that parties can do to try and make sure that mediation is successful. Obviously having a good attitude about mediation and an open mind to settlement is going to be beneficial but that’s not always easy in the context of divorce. One of the biggest things that couples can do is make sure that they get an experienced mediator, and although this may cost more money it will most likely save money in the long run. With proper legal counsel and an experienced mediator the parties can have a better idea about what likely outcomes are, where they should make concessions, and where they should stand their ground.

Southern Utah Divorce Attorney & Mediation

At St George Divorce Attorney, all of our attorneys are also certified and experienced mediators so they know how to help clients in whatever capacity they need. We understand the value in settling disputes before going to court and we will strive to help our clients protect what is important to them while encouraging them to make sound legal decisions. Call or email us today to set up a free consultation in our Southern Utah office.

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Josh Powell Custody Case | Failure to Protect

Posted on February 15, 2012 by Jerry Salcido

The Josh Powell saga took a tragic turn a few days ago when he blew up his Washington home shortly after his children arrived for their weekly supervised visitation. Josh and his two young boys were all killed in the explosion. The investigation into his wife’s disappearance and possible death continues. This is an extremely sad case in which two children were killed by a disturbed individual and parent. Josh Powell first entered the spotlight several months ago after his wife went missing and Josh became a person of interest into her possible death. Mr. Powell claimed he had taken his 2 boys camping and left in the middle of cold December night. Mr. Powell claimed they camped in a remote area outside of Tooele, Utah. Mr. Powell later moved to Washington with his children where he first lived with his father. The drama grew when authorities discovered Josh Powell’s father had been in possesion of child pornography and was spying on neighbors. As a result, Mr. Powell lost custody of his children and was given supervised visitation by the court. The Court found Mr. Powell was putting the children in harms way by living with his father. This brings into question the “failure to protect” issues involved in child custody cases and whether or not a parent should lose custody of their children when they themselves have not been proven to commit any crime or cause the children any direct harm.

Abuse and Neglect Child Custody Cases in Utah

In Utah, a parent may lose custody rights to their children in cases where they fail to protect the child from abuse or neglect or from even witnessing abuse. For instance, in a case where one parent is the victim of domestic violence and fails to take action to protect themselves and protect the children from witnessing domestic violence, the state may intervene and take action. This is a highly controversial area of the juvenile court system because many parental rights are trampled on by DCFS and the state attorney general office in a good faith attempt to protect kids. There is no doubt there needs to be legal reforms in this area. While some individuals like Josh Powell are real threats to their children, others have not cause their children any harm whatsoever and nonetheless may still find DCFS knocking at the door.

Child Custody Attorney in Utah

If you are facing an abuse or neglect case with DCFS, you should consult with an attorney as soon as possible. The deck is severely stacked against parents in this system so you should take all the steps necessary to give you the best possible chance of keeping your kids safe in your home. To speak with a child custody attorney in Utah, call us today at 435.216.1034.

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Temporary Relief through Temporary Orders

Posted on February 9, 2012 by Chris Salcido

In a large number of cases a divorce is started due to a large or significant event in the couples lives. Meaning that most couples have maybe contemplated separating for a while but they don’t actually make the decision to separate or start the divorce process until something big happens to push them over the top. Unfortunately, this big event more often then not has to deal with violence and spousal abuse and because of that the party that has been abused is usually in need of some pretty immediate protection. One way to receive this protection is through Temporary Orders, which is a part of the divorce proceedings.

Temporary Orders in Utah

In Utah a person that is involved in a divorce proceeding can ask for temporary orders from the judge to help provide certain kinds of relief. Temporary orders are in essence the ground rules of how things are going to be while the divorce takes place. Because a contested divorce can take a long time before it is settled it can often be very important to set up some ground rules like who will live in the marital home, temporary alimony or child support payments, and as discussed above a temporary restraining order.

Southern Utah Divorce Attorney

If you live in St. George, Cedar City, or any other part of Southern Utah and are looking for a divorce attorney then call the lawyers at St George Divorce Attorney. We can help provide you with the relief and protection that you need through temporary orders and we can help you resolve your divorce as quickly and soundly as possible. Our attorneys are experienced criminal defenders and we know how to argue your side of the case. Call or email us today to set up a free consultation and get the help you deserve.

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Start the New Year Solving Your Family Law Problems

Posted on January 10, 2012 by Jerry Salcido

A St. George Divorce Attorney Will Resolve Your Family Law Case

The new year is before us here in Southern Utah and the usual New Year resolutions have been made: a new diet, lose 10 pounds, exercise more and watch TV less, read a book, or save more money.  One New Year resolution that most people living in the Southern Utah area don’t make is solving a family law problem.  The last year may have found you experiencing much emotional and financial turmoil because of a divorce, child support, or alimony dispute arose but you could not do anything about it.  For those facing a family law issue that started last year, it’s time to resolve that problem this year so 2012 can be one of peace and prosperity instead of turmoil and despair.  A St. George divorce attorney from St George Divorce Attorney can help those with family law issues make 2012 a good year.

Uncontested Divorce | St. George Attorney

Family law problems can be expensive and time consuming, which is why it is important for those wanting to resolve their case to have a St. George divorce attorney start working on it today.  By deciding to start working on the case today, a person can be fairly certain that the case will be resolved this year.  Hesitating any longer may mean 2013 will see the ugly face of the case too.

Not all cases are extremely long.  Some cases are easier than others and can be resolved in a few months.  For example, if you and your spouse are seeking a divorce but both of you agree to the terms of a divorce, you could receive an uncontested divorce.  Uncontested divorces are less expensive than a contested divorce and don’t require as much time to accomplish.  They also don’t require mediation with a mediator.  Because of time and expense, an uncontested divorce should be sought if it is possible.  St. George divorce attorneys can quickly and efficiently handle your uncontested divorce case.

The Way to a Better Life in 2012

If you are thinking about solving your family law problem this year, then contact a lawyer from the family law experts at St George Divorce Attorney.  Our divorce attorneys serve the entire Southern Utah area and will handle your case so 2012 is a year of happiness.  Call 435.216.1034 to set up a free consultation with a lawyer today and start on the path towards a better life in 2012.

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Southern Utah Custody Disputes

Posted on December 27, 2011 by Chris Salcido

Child Custody can be an extremely difficult subject to argue during a divorce proceeding. In almost every case the individuals involved all want what is best for the children, however, no one wants to give up their children. The thought along of losing a custody battle can be a very difficult thing to handle for most parents and because of that the divorce proceedings become even more emotional. With the inherent stresses involved with fighting over who gets to spend the most time with your kids it is important to have legal help so you don’t have to worry about anything else.

Experienced Legal Help

Although every divorce situation is unique there are a lot of things that appear in almost every case. The attorneys at St George Divorce Attorney have aided hundreds of clients in their divorces and know the common issues and problems that arise, and know how to deal with them. There is too much at stake in a child custody case to not have your interest correctly stated before the court, and with an attorney from St George Divorce Attorney at your side you can rest assured that your interests are being represented properly. The one thing that a lot of people don’t understand in a divorce proceeding is that you are working on an agreement that is going to effect you for years to come, so it is very worth it to make sure it is done right and not just that it gets done.

St. George Family Law Attorney | Custody Disputes

If you are going through a divorce or have already received a divorce decree and want to modify your custody arrangement then call the attorneys at St George Divorce Attorney. We can help you understand the legal process and defend your interests. Contact us today to set up a free consultation.

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