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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Other Time Periods to Know

There are a few other time period related rules everyone should be aware when it comes to a divorce. Most notably, is the 120 day service rule. In a divorce in Utah, you have 120 days to serve your spouse with the divorce petition and accompanying paperwork or the judge may dismiss your case for lack of service. Now this is usually not a big issue for most people since 120 days should be more than enough time to have anyone served. However, some people file for divorce then have second thoughts or in some cases the parties temporarily try to work through their difference putting the divorce on hold. Just be aware that if you file for divorce and then do nothing for a period of time, there is a chance the judge is going to dismiss your case. If your case is dismissed for lack of service and you later decide to the move the case forward, you will be required to file another matter and will likely have to pay the court filing fees all over again.

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Most people have heard of a prenuptial agreement or “prenup” from popular media. The storyline usually involves engaged couples becoming upset at one another over the issue of one party suggesting that they enter into a prenuptial agreement. Although prenuptial or premarital agreements are usually viewed with scrutiny under the public eye, they do actually serve a very useful purpose in many settings, and are probably more common than most believe. Often marital contracts such as premarital or post-marital contracts are viewed as abstract devices, however when marriage is viewed as a contract between two individuals, then a pre or post-marital agreement is simply an amendment to the normal marital contract.

Reasons for Marital Agreements

There are two main types of marital agreements a prenuptial/premarital agreement or a post-nuptial/post-marital. The only difference between the two agreements is the point in time when they are executed, a premarital agreement of course being before marriage and a post-marital agreement coming afterwards. The most common scenario when a marital agreement is beneficial is when couples are getting married later in life, either for the first time or for subsequent marriages. In these cases the parties most likely have more assets and may even have children that they eventually want to leave their assets to. By entering into a marital agreement the parties can dictate how their assets will be handled upon, death, separation, or divorce. Furthermore, parties can dictate how divorce proceedings will be handled if they take place as well as stipulating that alimony will not be awarded.

Family Law Attorney | Southern Utah

Although marital agreements may not be the most romantic thing engaged couples can do they may at times be the smartest. If you are considering a pre or post-marital agreement then contact the lawyers at St George Divorce Attorney. We can help you understand the process and help clear up the misconceptions so you can make an educated decision. Call or email us today to set up a free consultation.

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The driving factor for divorce is a desire to no longer be married to a person, but even deeper than that is reasoning that is more than just the legal aspect of being married. Unhappy spouses don’t simply want the court records to show they are no longer married but instead they don’t want to live together, don’t want to share assets, and don’t want anyone to consider them as still being together. Although divorce is the most common legal method of separation it is not, however, the only option. Depending on your circumstances and desires, you may be able to go through an annulment or legal separation instead of a Divorce.

Annulment

An annulment differs from a divorce in that it is not terminating the marriage but erasing the marriage from existence. Once the annulment is complete its as if you were never married in the first place, at least in the courts eyes. The State Legislature has set out a number of ways you can qualify for an annulment by statute, and there are also a couple of common law routes as well. So not everyone is allowed to have their marriage annulled, in fact there are probably very few that qualify.

Legal Separation

Legal separation doesn’t actually terminate a marriage but instead just lays out the terms of a separation (i.e. child custody, child support, spousal support). Legal separation procedures are similar to divorce but it is only allowed when one of the spouses has been deserted by the other, or when one refuses/neglects to provide for the other spouse.

St. George Family Law Attorney

Whether you are looking at a divorce, annulment or legal separation the attorneys at St George Divorce Attorney can help. Our lawyers are experienced in all aspects of family law and will work tirelessly in your best interest. Call or email us today to set up an free consultation.

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As most of us know, money is a great motivator, as you look through the different aspects of your life you will likely be shocked at how many things you do because of money. Unfortunately, this great motivator rears its ugly head in the arena of child custody battles like it does in the other aspects of our life. Because of money issues parents may try and fight for different custody arrangements because of the burden of child support. Even though the parents may want what’s best for the child they in essence try and avoid overpaying.

Statutory Child Support

In Utah child support is determined by statutory guidelines. Based on the parties gross monthly income and the custody set up the court looks at the guidelines and comes up with what each parties contribution should be. Once an order has been made concerning child support than that person must pay the specified amount no matter what. If it is not paid the damaged party can try and recover the money through the Office of Recovery Services or through court proceedings. If a person looses their job or becomes incapable of making payments then what they should do as soon as possible is try and modify the child support obligation through court proceedings, otherwise they will continue being liable for the payments.

St. George Child Support Attorney

If you are having issues with either collecting child support or paying child support than call St George Divorce Attorney. Our attorneys can help you enforce your child support order or get it modified so it works with your new circumstances. It is important that you deal with these types of issues correctly and the correct way is through the courts. We offer free consultations and can help you understand what your obligations/options are. Call or email us today to set up an appointment.

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