In a Divorce, a Home Short Sale Can Be the Answer

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Divorce - How to rebuild your life - how to file for divorce

Divorce should be considered as a last resort to fix a relationship problem. This type of procedure is very serious and it has to be a decision that is well thought out before attempting to start the process. You need to make sure that you are ready for this type of drastic measure in order to help your relationship get better.

When you are filing for divorce, you will want to notify the court that you are going to proceed with the dissolution of your marriage. This is something that means you are not able to work the marriage out any more and you want to put it to an end. You will file a summons and petition the court in your county. Ultimately it is then in the courts hands and you will have to wait to hear when the actual hearing will be to determine the next step.

Before you decide to file for divorce, you will want to choose the proper state and county to file your papers. In order to start your divorce proceedings, you will want to make sure that you are going to the right place first. You must make sure that the divorce is occurring in the county where you or your spouse lives.

You must make sure that you are ready for the long haul in a divorce. You will find that the proceedings will go on until a conclusion is reached about all of the issues that are brought up. This can take a short time or a longer period of time depending on the issues and what each party is ready to do about it. There are going to be many different alternatives in a divorce proceeding. You will want to make sure that you are open minded and going in to the process with good intentions at the same time.

You may have to go to court in order to figure out what is best for you and you family. You may have to talk to a judge and let them decide for you if you are not able to come to a resolution together. The judge will take into consideration everything that is said so that he can make the best decision for everyone that is involved in the proceedings. You may want to make sure that you are ready for this type of outcome to happen.

You will probably find it to be necessary to hire and attorney to take care of the proceedings in your divorce. You will want to make sure that you are represented well so that you are not putting yourself at risk for coming up short in the end. You want have your message sent to the courts loud and clear so that you are able to make sure that your side of the story is heard. There are many factors that have to be decided in a divorce hearing and you want to do your best to have it ruled in your favor.

The last thing that you should want to do is make the divorce a messy one. You should not want to make it hard for the other person just for spite. This is not a good idea because all it will do is add more stress on you and may even hurt your case. You want to make sure that you are doing what you can to make this procedure go as quickly and fairly as you can. That would be best for everyone involved including you and the family around you.

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The Realities Of A Divorce, Is It Worth It?

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The state of Utah has important guidelines and statutes concerning child custody and the making of a custody and visitation schedule. These laws are found in Title 30 of the Utah Code. Any parent who is involved in a custody situation needs to know these laws and decide how they impact the making of their personal custody and visitation schedule. Here is an overview of some of the statutes that parents may want to consider.

1. A joint custody schedule. Chapter 3, Section 10 of Title 30 contains information about how the state views joint custody. The state has a law that it considers a joint custody schedule in every custody case. This doesn't mean that joint custody is awarded in every case, only that the court will consider it. If either parent wants a shared custody arrangement, they need to make a plan that includes a schedule of parenting time and custody. They should also be prepared to explain how a joint schedule is in the best interest of the child. If a parent does not want this type of custody, they need to prove to the court that this type of arrangement is detrimental to the child.

2. How custody is awarded. The biggest part of the visitation schedule is which parent has custody and which parent has visitation. In Utah, if the parents agree on who has custody, the court will approve it. If the mother and father are not able to agree, the court will decide on the custody schedule. The judge will look at the moral character of each parent and will also choose the parent who is more likely to encourage the child to develop a relationship with the other parent.

3. Input from the child. Section 10 allows the court to consider the preference of the child when making the custody and visitation schedule. The opinion of the child is heard, but it isn't controlling nor is it the only factor that affects the schedule. The preference of children age sixteen and over is given more weight, but again, it doesn't mean that the schedule will reflect exactly what the child wants.

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Should You Get a Divorce Lawyer?

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Pre-Nuptial Agreement When Getting Married

Have you ever heard the word called 'pre-nuptial agreement'; where people think about the divorce when they are getting married? Many people may dislike this agreement, but it is still a fact.

While a pre-nuptial is highly recommended, especially if you are very rich or earning a larger sum of money without the help of your fiance, mentioning of a pre-nuptial could lead to the end of the relationship too. So, what could you do to avoid a pre determined fate of your divorce?

The best way to do before the wedding is thus listing all of your properties, such as cash, stocks, bonds, cars and other assets. Your worthy future partner should be able to understand this. Or else, you have to look for way how you can handle it. You may explain to your fiance that you have been very successful financially in the part, and you are sure that the best is yet to come, but you need to ensure that the marriage is not based on the money alone. However, future property you and your fiance will be earning will belong to both of you anyway. You just want to secure your financial status for the future.

It will be best if you can encourage your fiance to do the same, at the same time, helping him or her appear to be a very worthy partner. Thus, pre-nuptial agreements should be agreed in both parties that each will still own their previous properties. This seems to be working and make your fiance feel much better.

Usually, a pre-nuptial agreement could make the other person feeling unworthy or seem to have less financial capacity to the other person. This is when problems occurs to be simmer, but there is no reason to hurt your fiance with embarrassment a pre-nup is discussed.

Although nobody wants to discuss about pre-nuptial, or looming financial contracts before the wedding, but the pre-nuptial is highly essential if you are very rich and wealthy. It is ok to take the action to protect your properties when concerning that the situation could be more difficult if you lose all of your properties after the divorce and realizing later that your fiance wanted only your money from the marriage.

This is a great way if you plan ahead to protect your financial status and properties while you are also providing the one your love a good life. Once, everything above is done, things should go smoothly all the way to the wedding.

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I love talking to new divorce clients. It’s one of my favorite things to do during the day. You see, when you help people for a living, there is this joy – this excitement, this feeling like you’ve done something good for someone. Okay, so – today I was asked the question:

I’m getting a divorce, so should i get my own bank account?

The answer to this question is: YES!

You should absolutely get your own bank accounts if you are getting divorced. In fact, if you haven’t yet separated, you should open your own bank account and transfer half of your joint bank account money into your own account.

Why do this? The answer is because while you are married, you are entitled to one-half of everything that is jointly owned by you and your spouse. It isn’t stealing to take what is yours and put it into a different bank account.

I have seen cases where one party – I’ve seen both husbands and wives – both spouses do this – where they go and drain the entire bank account and you are left within nothing! Not good. Don’t do that. Don’t stoop down to that level.

If you have additional questions about getting a divorce lawyer in West Jordan Utah or any other area in Utah, you really should pick up the phone and call me. I promise I don’t bite and I might be able to help you.

There is a no obligation free initial consultation.

I hope this information has been helpful.

Take care and we’ll see you soon.

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#MikeAnderson

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In Utah Divorce Court – Is it willful Desertion of the Petitioner if Nothing Happens in a Case for More than One Year? – No, not really. Divorce in Utah can be complicated and difficult.

Think of brain surgery. To the brain surgeon, it is normal and the brain surgeon does it everyday. But if you tried it, it would be difficult. The same analogy applies here. I do divorce work each day, every day, and so I know what needs to be done. Our office regularly does d

So, to answer this question:

Is it willful Desertion of the Petitioner if Nothing Happens in a Case for More than One Year?

The answer is No. It’s not.

The divorce court, could at any time, file what is called an order to show cause. An order to show cause from the divorce court is to find out why the case has not been prosecuted. If your spouse files a petition for divorce in a Utah court and does nothing, after some point in time, the judge will say it’s time to dismiss this case. A dismissal of the case means that the case is closed and if your spouse wants to file for divorce again, they would have to pay a new filing fee, file a new petition for divorce and start the entire matter over again.

Let’s be honest – most people don’t let things sit around. However, if this has happened to you, the next step is to move the case forward. If you haven’t attended mediation yet, move the case to mediation. If you haven’t yet taken the divorce orientation and education class – do that. Do what you need to do to move the case forward — assuming of course you want to get divorced.

Hey, we all need help sometimes.

If you need help with your divorce case, give us call – we would love to assist you with your divorce case, child custody case, or family law matter.

Thanks for visiting – until next time –

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So I received the question:

What if you building a house and now getting divorced – Who gets the money?

Of course in the law, the quick answer is: it depends.

There are no clear cut answers to this question, but we can provide you with some guidance. Although in truth you should give us a call to discuss in more detail the facts of your case.

The first principle to remember in Utah divorce and family law is that courts will divide any property that you acquired during the marriage in a 50-50 fashion. This is the typical rendering according to Utah Code 30-3-5. However, courts have what are called equitable powers which allows they to deviate from the 50-50 split.

Remember, when it comes to equitable distribution of marital property the standard is typically fifty percent to you and fifty percent to your spouse. This is usually how it works. It is not always how it works, because the actual facts of your case matter and judges will listen to facts and change their minds when it comes to cases.

So, what are the facts in this question?

If you jointly are building a house and you are using joint funds from a joint bank account; then, the answer is likely to be you will split the monies equally because this house is being built during your marriage.

If you have a pre-nup – that could possibly change things as well.

If you inherited the money and you kept the money in a separate bank account (avoiding all co-mingling of funds) – then, you may be able to claim that the house is separate property and get all of the money.

It really depends on the facts.

I hope this has been helpful.

If you would like additional information or to speak with a Utah Divorce Lawyer about your case, give us a call. We would be happy to give you a free initial consultation.

Thanks for visiting –

Mike

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source http://lawyerdivorceutah.com/2017/04/05/divorce-question-what-if-you-building-a-house-and-now-getting-divorced-who-gets-the-money/

Can I Stop My Spouse For Divorcing Me?

So I was asked the question: Can I Stop My Spouse For Divorcing Me? Is there any way to stop it? If I want to, can I force my wife/husband to stay married to me? What if I refuse to sign the papers. I won’t give him/her a divorce. Can I prevent it?

The short answer is no.

In essence it is impossible to stop your husband or wife from getting a divorce in Utah if one spouse wants it done. So even if you don’t want the divorce, it will happen.

With that said, there are things that you can do to slow it down. The question is: is it worth it?

It can be very expensive to slow a divorce case down. This isn’t always in your best interest or your spouse’s best interests.

How can you slow a divorce down?

The primary method to slow a divorce case is by disagreeing with what your spouse has requested in the petition for divorce.

The petition for divorce (also called a complaint for divorce) is what is filed with the district court to start the divorce process in Utah.

If you disagree with everything and never reach an agreement with your spouse in mediation or along the way, then the case will ultimately go to a trial on the merits. At trial, the judge will grant the divorce, and it will cost a lot of money and time to get there, but if you want to slow it down, that is how you do it.

Should I Just Give My Spouse What They Want?

No. You should never just give your spouse what he or she wants. You should always review the petition or settlement agreement with an attorney before signing it. Even if you do eventually sign it, you should know all of your rights, responsibilities and obligations. You should know what you could or would get in court. If you want to give everything away, great, but you should know before hand what you would get in court. Also, you need to keep in mind that you may not be able to change it later — in fact, it can be very very difficult to change your divorce decree later.

You should do everything that you can to make sure the divorce decree has in it what you want or you may very well regret it in the future.

I hope this has been helpful to you.

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source http://lawyerdivorceutah.com/2017/04/02/can-i-stop-my-spouse-for-divorcing-me/