utah family law attorney Archives - St George Divorce Attorney | Southern Utah Family Lawyer | Mediation

Washington County Divorce Lawyers | Utah Family Law Attorney

Jerry Salcido — Fri, 05 Oct 2012 15:15:15 +0000

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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Utah Marital Contracts | Family Law Attorney

Jerry Salcido — Mon, 31 Oct 2011 20:09:46 +0000

Premarital & Post-marital Agreements

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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St. George Divorce Lawyer | Divorce Modification

Jerry Salcido — Tue, 04 Oct 2011 20:21:26 +0000

Divorce Decree’s are a binding judgment by a court that parties have to follow if they don’t want to run into future legal proceedings. However, a divorce decree can be modified if there has been a substantial change in the circumstances of the parties that was not contemplated by the divorce decree. Some of the more common things that are cited as a substantial change have to do with money, for example, job loss, or a party getting married and the new spouse bringing in money as well. There are four areas of the decree that can be modified; alimony, child support, child custody, and parent time.

Utah Divorce Modification Proceedings

The divorce modification process is very similar to the original divorce proceedings. Courts encourage parties to resolve issues outside of court, like in divorce, but if no agreement is made then the court gets involved. Also the court uses the same standards and rules as before and in reality the only difference should be the substantial change in circumstances mentioned above. The argument for substantial changes can be in relation to your own circumstances, your ex spouse’s, or even your children’s. As is the case in the original divorce proceedings any custody issue will be resolved by considering what is in the best interest of the child.

St. George Divorce Attorney

If you are divorced and find that the terms of your divorce decree no longer apply to your situation, then call the lawyers at St George Divorce Attorney, you may be able to get your decree modified to better fit your circumstances. With the help of an experienced family law attorney you will have a better chance of convincing the court that the changes you want are in the best interest of the kids, and the right thing for the court to do. Call or email us today to set up a free consultation.

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