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.

The post Requesting a Change in Alimony appeared first on St George Divorce Attorney | Southern Utah Family Lawyer | Mediation.

What Does it Mean to Bifurcate Your Divorce?

Because of this long divorce timeline people start getting impatient and want to move on with their lives. While some individuals don’t want to think about marriage ever again, others find new partners quickly and have a desire to get remarried before their divorce is even finalized, but that poses a problem. Being married to more than one individual is bigamy and is illegal in Utah. So to help people that find themselves in this scenario the legal system provides for what is called a bifurcated divorce. A divorce bifurcation allows for a judge to enter a decree of divorce for the parties, legally divorcing them, yet setting aside the issues that they are fighting over to continue to be resolved in further court proceedings. So the divorce is essentially split in two, the property division and the like is set in a case that continues, and the separation of the parties and dissolution of the marriage is resolved and closed.

St. George Divorce Attorney Who can Help with Your Divorce

If you are looking at getting divorced but want to move on with your life and would like to know more about bifurcation then call us today for a free phone consultation.

The post Bifurcating Your Divorce appeared first on St George Divorce Attorney | Southern Utah Family Lawyer | Mediation.

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.

The post Alimony Disputes in Divorce Proceedings appeared first on St George Divorce Attorney | Southern Utah Family Lawyer | Mediation.

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.

The post Temporary Relief through Temporary Orders appeared first on St George Divorce Attorney | Southern Utah Family Lawyer | Mediation.

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.

The post St. George Family Law Attorney | Alimony Disputes appeared first on St George Divorce Attorney | Southern Utah Family Lawyer | Mediation.

The purpose of alimony is not to take all the property away from one spouse to give to another.  The Utah Supreme Court has said, “We require that a trial court, in setting alimony, attempt to provide support for the receiving spouse sufficient to maintain that spouse as nearly as possible at the standard of living enjoyed during the marriage.” Noble v. Noble, 761 P.2d 1369, 1372 (Utah 1988).  According to Utah family law then, alimony is meant to give the receiving spouse enough money to continue living as if the person was still married.

Alimony Laws in Southern Utah

Utah state law has set many different standards for a Utah court to consider in setting the amount of alimony one should receive as a result of a Utah divorce.  A Utah court will usually look to the standard of living that existed at the time of the couple’s separation in determining alimony.  A court will consider all relevant facts and equitable principles and may base alimony on the standard of living that exists at the time of a trial.  Courts use several different factors in determining alimony and the issues can often become muddled.  Because family law can be very complicated, it is best to have a St. George divorce lawyer handle a divorce.

Get the Alimony Help You Need

If you are going through a divorce and need help with your alimony issues, don’t go through the divorce process alone.  Get the alimony help you need by contacting a St. George alimony attorney from St George Divorce Attorney.  Our law firm has experienced alimony attorneys that will help you through the divorce process.  Call us today to speak with a divorce lawyer for free at 435.625-1753.

The post St George Alimony Attorney | Spousal Support appeared first on St George Divorce Attorney | Southern Utah Family Lawyer | Mediation.