Southern Utah Divorce Attorney Archives - St George Divorce Attorney | Southern Utah Family Lawyer | Mediation

How do you Determine the Credibility of a Witness?

Jerry Salcido — Sun, 09 Feb 2014 05:56:44 +0000

In divorce actions, especially those involving hotly contested custody issues or property and alimony issues, will likely produce conflicting evidence from the spouses. For example, we recently had a case where the spouse was making all kinds of allegations that her husband was physically abusive to both her and their children, and the father swore that he has never laid a hand on anyone in his family.

The evidence was so contradictory that the wife claimed that her husband actually pointed a gun at her head and the gun accidentally discharged, shooting the bullet through the wall into the room where their children were sleeping. The husband admitted that he had been cleaning his gun on one occasion and it accidentally discharged, but that nobody was in the home but him and the bullet hit the closet wall about 2 feet up from the floor. The judge presiding over this hearing actually stopped the hearing and advised the attorneys to advise the clients that because one of the two are lying that they better understand the perjury laws in Utah, which can result in serious criminal penalties. In spite of the admonition, neither parties admitted to lying or recanted their testimony.

In such situations like the example given above, how does the judge determine credibility, that is, how does he determine who he should believe when the evidence is completely opposite coming from each party. The Utah Legislature has found it prudent to give judges some guidance on this issue. As stated in Utah Code 78B-1-128 “The credibility of a witness may be questioned by:

(a) the manner in which the witness testifies;
(b) the character of the witness testimony;
(c) evidence affecting the witness’ character for truth, honesty, or integrity;
(d) the witness’ motives; or
(e) contradictory evidence.”

In cases like that described above, the judge is placed in a tight spot, even with the guiding principles above. Sometimes there is simply no way to tell who is telling the truth. For that reason it is extremely important that the attorneys on the case do as much research on the issues and evidence presented by the other party so that evidence can be brought forth to discredit the lying witness. Evidence showing that the witness has a history of being dishonest or has a specific motive in presenting the testimony he is giving that day is important for the judge to have to make sure that the the lying witness is not believed.

You may be facing a case where your spouse is lying in order to gain an advantage over you. Let us help you out. Give us a call or email us anytime so we can go over your case with you and help you find ways to strengthen your case.

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Alimony Disputes in Divorce Proceedings

Chris Salcido — Fri, 21 Dec 2012 18:49:52 +0000

One of the most hotly contested issues in divorce proceedings next to those that involve children is disputes over alimony, or spousal support. The theory behind spousal support is quite simple but the arguments can get complicated and heated quickly. The judicial system allows for spousal support so that spouses that primarily worked in the home are not left destitute by divorcing the bread winner. The problems come in when the discussion comes to how much spousal support should be paid and for how long. Also a lot of bread winners argue that their ex spouse could go get a job and provide some for themselves.

General Alimony Principles

When it comes to settling alimony disputes it can be very difficult to predict what the possible outcomes may be. Ultimately, if the parties cannot come to an agreement then the judge will make a decision based on the arguments as to whether or not alimony should be awarded and if so the amount and duration of the award. Some general principles are used however to guide judges in their decision making but these are in no sense hard and fast rules. The first is the judges will normally not award alimony for long than the duration of the marriage. So for example if you were married for 10 years then you’re not likely to get alimony for longer than 10 years. The second is that judges try to balance incomes between the parties and maintain similar standards of living if at all possible.

St. George Divorce Attorney | Resolving your Alimony Concerns

If you are facing divorce and live in St. George or Washington County then call St George Divorce Attorney today. We can help you understand the process and what you should expect from your divorce. Our experienced attorneys can help you protect your interests and understand what your options are.

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Lawsuit Settlements and Dividing Assets in Divorce

Chris Salcido — Mon, 09 Jul 2012 17:50:17 +0000

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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Mediation as Part of the Divorce Process

Chris Salcido — Fri, 09 Mar 2012 21:53:44 +0000

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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Temporary Relief through Temporary Orders

Chris Salcido — Fri, 10 Feb 2012 00:07:30 +0000

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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Southern Utah Custody Disputes

Chris Salcido — Tue, 27 Dec 2011 19:50:28 +0000

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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St. George Family Law Attorney | Alimony Disputes

Jerry Salcido — Thu, 22 Dec 2011 21:50:38 +0000

Alimony is probably one of the most highly contested subjects in divorce proceedings next to child custody issues. Parting spouses are rarely of the mindset that they want to give money to the person they are divorcing once they are separated. So whether a party is pushing for no alimony or just less than what the other person wants, this area of law usually involves a lot of fighting. Obviously whatever the court ends up deciding is going to have a very real impact on your life and as such you should be sure to put forth the best arguments possible. The best way to make sure that your interests are represented and properly expressed to the court is by having an attorney at your side.

Utah’s Alimony Laws

There are a number of different factors that influence a courts decision concerning alimony. One of the common things to know is that courts are not likely to award alimony for a period of time l0nger than the duration of the marriage. Another thing to note is that any argument over money is going to require a lot of evidence showing how much a person makes and what was made during the marriage. With all the complexities of alimony arguments it is well worth the time and money to have an attorney help you in your alimony dispute.

Southern Utah Alimony Attorney | Divorce and Family Law Practice

Whether you are going through a divorce or are unhappy with the alimony award that was placed in your divorce decree, the lawyers at St George Divorce Attorney can help you. Our attorneys are experienced in divorce proceedings and have helped hundreds of family law clients. We will work tirelessly for your interests and make sure that your rights are protected. Call or email us today to set up a free consultation.

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Cedar City Divorce Lawyer | Family Law Attorney

Chris Salcido — Sun, 11 Dec 2011 17:15:59 +0000

If you are looking for a divorce lawyer in Cedar City, Utah, you found the right place. We recently opened a new office location in Southern Utah to better serve our clients in the south end of the state. From Cedar City and Parawan to Hurricane and St. George, we can help with all your family law needs. We have helped numerous families in Cedar City with such matters as divorce, child custody, support, and paternity. We also realize that some families find themselves facing tough cases with DCFS and need a lawyer willing to fight for their parental rights.

The courts in this end of the state have their own way of handling domestic matters so you need a lawyer who is experienced in the local courts. We get many calls each week from people in Cedar City and St. George who are unsure about how to proceed in their divorce or other family law case. We take great pride in helping Southern Utah families through these difficult times.

Family Law Attorney in Cedar City

There are many advantages to hiring a local attorney for your case. For instance, our lawyers in Southern Utah are familiar with the other lawyers in the areas and know how to work with opposing counsel to get you a good resolution in a timely manner. Additionally, a family law attorney in Cedar City from our office better understands the unique circumstances of families in the area.

Meeting with an Attorney

Since we offer free consultation and have a local office, there is no reason not to meet with an attorney at our law firm today. We have represented numerous individuals just like you who want protection in their pending case. Phone us to meet with a lawyer at your convenience, 435.216.1034. You can also email us anytime or chat with us online. We are easy to get a hold of and are responsive to our clients needs.

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