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

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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Bifurcating Your Divorce

Todd Peterson — Fri, 13 Sep 2013 18:16:21 +0000

In most cases divorces take a long time. The movies always depict a divorce as simply getting in a fight, signing a paper, and then moving on to the next happy ending; but reality is much much different. Once a divorce officially begins in Utah, the court requires that the parties wait at least 90 days until they can be awarded a divorce, and the only way that couple will actually be ready to enter a decree at the end of the 90 days is if they are willing to agree to every term of the divorce. Although this does happen, it is not common. A more likely scenario is that the couple is fighting over child custody, child support, alimony, or property division. What does all this fighting mean for the timeline? It means that the divorce could last a year or maybe longer.

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.

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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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Divorce Education Classes in Washington County and Iron County Utah

Chris Salcido — Thu, 11 Oct 2012 21:03:58 +0000

The divorce education classes are typically held once a month at the 5th district court houses in both Washington County and Iron County. If you live in St. George or Cedar City, or anywhere in between, this means you really only have 2 chances each month to get in and do the divorce education course and the divorce orientation course. These divorce classes are required for all divorcing persons in Utah with minor children. For those that are divorcing in Utah but are not currently residing here, there is an option to order the divorce education classes on DVD. You watch the classes and sign an affidavit swearing under oath that you completed the courses by DVD. Currently at the time of this article, there is no option to complete the classes online although many divorce attorneys in Utah have been asking for an online course for years.

Waiving the Divorce Education Classes in Utah

In some limited circumstances, you can request the divorce education class requirements be waived. Those who want to waive the requirement must really have a compelling reason or the judge will likely reject the request. Living in another state is typically not sufficient grounds to have the requirement waived because the court can mail you the DVDs to watch instead of requiring you to attend a live course. If you wish to waive the divorce education requirements, you should speak with a St. George Divorce Attorney in our office before attempting to submit your own motion. The judges are not generally keen on granting these types of waivers so you may need all the help you can get from a good Family Law Attorney in Utah.

Where do I get more information?

For more information on the divorce education classes, you can call us at 435.216.1034, or you can visit the Utah state court’s website at http://www.utcourts.gov/specproj/dived/. Going through a divorce with children involved can be difficult. We can help. Contact us anytime for a free consultation.

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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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Divorce Court Process in St. George

Chris Salcido — Mon, 28 May 2012 19:29:32 +0000

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

Jerry Salcido — Wed, 16 May 2012 18:07:48 +0000

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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