There are two options for legally leaving a marriage: divorce and annulment, and there are several similarities and differences between the two. Legally, some of the biggest differences include the type of evidence that is required to obtain an annulment vs. a divorce and the obligations to and from the former spouse with each ruling. Many religions define divorce and annulment as well, and the legal ruling does not necessarily have to align with the religious designation. Here we examine the differences in the legal concept of divorce and annulment Primary Differences Between Divorce And AnnulmentThe differences in the legal grounds and consequences of divorce vs. annulment arise from the same conceptual difference — a divorce ends a marriage. In contrast, an annulment asserts that no valid marriage ever existed in the first place. Although most couples choose divorce, an annulment is a better option for one or both spouses under certain circumstances. Legal annulments are rare, and the consequences of an annulment differ significantly from the effects of a divorce. Let’s dive deeper into this issue by looking at legal justifications for an annulment. Legal Justifications For AnnulmentThe legal justifications for annulment vary from state to state. Some of the most common grounds include: All US states allow no-fault divorce, which allows either spouse to justify divorce by citing irreconcilable differences without specifying the nature of those differences. A few states allow the use of covenant marriages as a way around a no-fault divorce. Specific grounds, such as adultery, must be proven by the spouse seeking divorce before the marriage can be dissolved. Burden Of ProofIt is said that one party bears the burden of proof when the law places the responsibility of proving the grounds for legal action on that party. Typically, the person seeking a change in a legal relationship, such as a marriage, bears the burden of proving that the change is justified. It is the responsibility of the spouse seeking an annulment to prove that one of the foregoing grounds exists. Without enough evidence in favor of the existence of adequate grounds (higher than 50/50 likelihood), an annulment will not be granted. As for a covenant marriage, a type of marriage available only in Arizona, Arkansas, and Louisiana, both spouses promise they will participate in counseling before filing for divorce and agree to a longer waiting period before the divorce is legally final. As is the case with an annulment, it is the responsibility of the party seeking to dissolve a covenant marriage to prove that sufficient grounds exist to justify dissolution. Procedure To Obtain A Divorce Vs. AnnulmentThe procedure for obtaining a divorce and the procedure for obtaining an annulment are similar. One spouse files a petition with the court, a hearing is held, and the judge issues an order. Generally speaking, a divorce starts with a divorce petition regardless of your state of residence. The petition is written by the petitioning spouse (or their legal counsel) and served on the other spouse. It’s then filed in the county where one of the spouses resides, regardless of where the marriage was held. While not mandatory to hire legal counsel before obtaining a divorce, legal separation, or annulment, it is highly advised. Take into consideration the legal complexities of child custody, support, and the division of assets–all things that rely heavily on the understanding of the law and your rights. Serving The Divorce PetitionService of process takes place when the petitioning spouse serves the divorce papers or the petition (summons) to the other spouse. It’s important this phase of the divorce is handled to the letter of the law in your jurisdiction. The Final Steps Of Legally Terminating A MarriageIn a divorce, both spouses will be required to disclose any and all information regarding combined and personal assets, liabilities, income, and expenses. If uncontested and spouses agree on the terms of the divorce, all that will be left to do is the filing of legal documents and paperwork. Once the court enters the final judgment, the marriage is legally terminated or dissolved–given the state’s waiting period. However, if spouses cannot come to an agreement, arbitration or a trial will occur. This, of course, would be the last resort, and the need for legal counsel is greatly heightened. In the instance of a legal annulment, a judge can refuse to grant the annulment, but a refusal to grant a no-fault divorce is almost unheard of. In an annulment, issues such as child custody and child support must be resolved in much the same manner as they are in a divorce. Generally, in an annulment, neither party can claim spousal support. Additionally, property division is radically different in an annulment than in a divorce. Instead of applying the governing divorce principles of community property or equitable division, the court tries to leave each party in the same position they were before the wedding was held. Although divorce laws, including those regarding service of process, the process by which your spouse is notified of the divorce proceedings, are broadly similar across the various states, significant differences remain. As would be with any legal agreement, consideration, and thought are sincerely advised. It is highly recommended to obtain the advice of legal counsel in regards to your local laws. AnnulmentAn annulment ends a marriage that at least one of the parties believes should never have taken place. If the marriage took place despite unknown facts, such as a secret child, or even a secret illness, it may be voidable. The legal grounds for obtaining an annulment vary between states, but typically include reasons like the following: Because one of these conditions must be met for an annulment to be granted, they are rare. Length of the MarriageOften, people assume that a very brief marriage can be ended with an annulment due to the short duration. However, legal experts disagree. While many states will not grant an annulment after a certain length of time, there is not an automatic annulment granted to end a marriage because the couple wants to end it after a short period of time. The marriage still has to meet one or more of the conditions above in order for it to be annulled. Legal AssistanceBoth types of marriage dissolution can be fairly complicated from a legal standpoint, requiring costly and lengthy legal proceedings. And both start the same way, with one or both of the spouses formally asking the court for either a divorce or an annulment. Either a divorce or an annulment can also be simple and low-cost if both parties agree to end the union without too many disputes or disagreements about how to do so. After a Divorce or AnnulmentAmong the differences between the two types of marriage dissolution: After an annulment, the marriage is considered to have never legally happened. It is as if the clock is turned back to before the marriage. FinancesAfter a divorce, spouses are often entitled to a certain number of years of spousal support, alimony, or a portion of each other’s’ profits or property gained during the marriage. With an annulment, in contrast, the parties are not really considered to have been valid spouses and are not entitled to these same rights. Instead, they will revert to the financial state they were in prior to the marriage. Religious RulesMany religions have guidelines regarding divorce and annulment. Often, permission is granted by religious clergy or by written guidelines. Obtaining permission to have an annulment or a divorce from your religious leaders is usually a completely separate process from the legal process. The rules regarding divorce and annulment in your religion often determine whether one, both or neither of the partners has permission to marry again within the religion or in a religious ceremony or to participate in religious rituals. A court of law may consider your religious marital status but does not have to recognize the religious determinations when making rulings about spousal support, property disputes, or any other legal issues. Can I apply for an annulment?To apply for an annulment, you have to complete a nullity petition. Before you do so, it is important to be aware that the grounds for annulment are limited and they can be difficult to establish. You can get an annulment if your marriage can be shown to be ‘void’, meaning it was not valid under the law in the first place. For example, your marriage may be void if: If you are able to give one of these reasons, you will then have to go through a number of legal stages in order to dissolve your marriage. What are my next steps to divorce or annulment?Whether you think you may qualify for an annulment or you’re looking to get a divorce, it is important to seek expert legal advice. A family law solicitor will talk you through your options and guide you through this process. Separating from your spouse can be an emotionally fraught time and you will no doubt have a lot on your mind. As well as ending your marriage from a legal standpoint, you might have to resolve potentially complex issues concerning children, money and property. A specialist solicitor will help to protect your interests and achieve the best outcome for you and your family. They will be able to tell you whether you have grounds to file for annulment or divorce, and advise you on the next steps to take. They will also help to minimize any stress and anxiety during this difficult period. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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What Is Reasonable Visitation? What Is The Difference Between Alimony Spousal Support And Child Support? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-is-the-difference-between-annulment-and-divorce/
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Alimony, also known as spousal support, is an amount paid from one spouse to another following a divorce. A judge may order alimony payments for a specified period of time or until the spouse receiving support remarries. Alimony is generally intended to help the spouse receiving it maintain a similar lifestyle to the one they were accustomed to during the marriage.1 Alimony is not granted automatically—the spouse needing the alimony has to ask for it. Tax Treatment of Alimony PaymentsHow you treat alimony for tax purposes depends on whether you pay it or receive it and when your divorce was finalized. If your divorce agreement was finalized prior to December 31, 2021 and you make alimony payments to your ex-spouse, those amounts are tax-deductible. That means you can deduct the alimony you’ve paid from your taxable income for the year, yielding a tax break. On the other hand, if you’re receiving alimony payments, you must claim them as taxable income on your return. Again, this only applies if your divorce agreement was finalized before December 31, 2021. IRS Rules Regarding AlimonyThe IRS has several requirements that must be met for spousal support payments to be considered alimony, and therefore, deductible for divorce agreements finalized before December 31, 2021. If you’re eligible to deduct alimony payments you made, you can do that on your Form 1040, using Schedule 1. You’ll need to enter your former spouse’s Social Security number or individual taxpayer identification number on the form. Otherwise, the IRS may disallow the deduction. If you’re receiving alimony and it’s considered taxable income, you’d also report that on Form 1040, Schedule 1. And you too will need to include your former spouse’s Social Security number or taxpayer identification number. What Determines Alimony Payments?Alimony isn’t one-size-fits-all; the courts can use a number of factors to shape payment amounts, including: Alimony can be modified after the divorce in certain situations. For example, if the paying spouse loses their job they can ask the court to reduce the payment amount. And likewise, if the spouse receiving alimony sees their cost of living increase they can ask the court to order a higher support payment. Alimony vs. Child SupportThe key difference between alimony vs. child support is the intended use of each payment. Child support is designed to be used to meet the basics needs of the child. That includes things like food, clothing, medical care, housing, and other necessities. Tax Treatment of Child SupportBecause child support is intended to benefit the children, it’s not considered taxable income for the person who receives it. Child support payment is also not deductible for the parent who provides it. IRS Rules Regarding Child SupportAs child support is neither tax-deductible nor taxable income, there are no reporting requirements for making or receiving payments. Parents do, however, need to take care when claiming children as dependents on their taxes. Generally, the parent that the child lives with for the greater part of the year is the custodial parent for tax purposes. This parent is able to claim the child as a dependent, assuming the rules for claiming dependents are met. The non-custodial parent can, however, claim the child as a dependent if a separation agreement or divorce decree specifies that they can. The custodial parent has to sign Form 8332 authorizing the release of their right to claim the child as a dependent. What Determines Child Support Payments?Whether child support is court-ordered and in what amount largely depends on the finalized custody agreement and state law. For example, some states may not order support if both parents earn similar incomes and share custody equally. Or, some states may base support on the number of children in the household and the non-custodial parent’s income. Types of Spousal SupportNot all spousal support is the same—the amount and duration of alimony will depend on the specific facts and circumstances of your case. Most states offer different types of spousal support, including: Rehabilitative SupportRehabilitative alimony is typically granted to spouses who don’t yet have the job skills or education to enter the workforce and earn enough money to support themselves. Put simply, the idea behind this type of alimony is to provide an unemployed spouse the necessary time and financial assistance to become self-supporting. The duration of rehabilitative spousal varies, depending on the facts of each case, but it’s generally temporary and can be reviewed at the end of the term. Temporary SupportFrom beginning to end, a divorce can take some time to complete and typically requires one spouse to move out of the marital home. During this time, spouses must continue paying the rent or a mortgage, property taxes, and other joint bills and expenses. To address these financial concerns, a judge may order temporary spousal support to the lower-earning spouse in order to maintain the status quo and cover basic necessities during the divorce proceeding. This type of alimony ensures that both parties can financially support themselves through the process. Lump-sum SupportLump-sum support is a way for a paying spouse to alleviate the long-term requirement of monthly payments after the divorce. Lump-sum alimony is a fixed amount that can’t be modified later and is paid up-front, so the recipient spouse doesn’t need to wait for a monthly check. The court will typically determine what the total monthly future payments would be after the divorce, and order a lump-sum payment equal to that amount. Permanent SupportPermanent spousal support typically continues until the recipient remarries or dies (or the paying spouse dies). Some states terminate permanent spousal support if the recipient cohabitates with a new partner, but each state has specific rules for cohabitation and alimony. Courts typically reserve permanent spousal support for long-term marriages where there is a large discrepancy of income. Spousal Support FactorsEach state has specific spousal support factors for the judge to evaluate. Unlike child support, which the court usually determines by a formula, most judges have broad discretion on whether to award spousal support and if so, the amount and duration of the assistance. Typically, courts will evaluate: If you’re going through a divorce and need alimony, or if your soon-to-be-ex is requesting financial support, consult with an experienced family law attorney before you proceed. How Courts Set the Support AmountLeaving a support decision in the hands of a judge is risky business. This isn’t like child support, where the formulas are clear and pretty rigid. In most states, the amount and duration of spousal support payments are entirely up to the judge. Obviously, it’s preferable for you and your spouse to keep control of decisions about spousal support. If the two of you can agree to an amount of support and how long it will be paid, then that’s what the judge will order. It’s the only way to predict what’s going to happen. Only about a dozen states give judges even general guidelines for calculating support. In these states, the judge uses a formula that takes into account the length of the marriage and the spouses’ respective incomes to calculate a starting figure. Then the judge factors in other circumstances to arrive at a final amount and decide how long the payments will last. Need and Ability to PayOnce the court decides that one spouse is entitled to support, it will try to quantify that need and the other spouse’s ability to pay. The judge may take into account: Earning Capacity FaultIn some states, you can argue that fault should be considered in setting spousal support (you can make this argument whether or not you filed for divorce on the basis of fault). If the higher-earning spouse committed adultery, was abusive, or is for some other reason at fault for the divorce, the support payment may be increased. Of course, as the saying goes, you can’t get blood from a turnip. If there’s only a certain amount of support that your errant spouse can afford, the court won’t order an unrealistically high payment. More commonly, the spouse who receives support has payments reduced because of fault. Beyond Spousal SupportSpousal support is usually just a temporary measure, designed to keep one spouse from running into financial trouble immediately after a divorce. Even if you’re receiving support, you are ultimately responsible for your financial future. Make a one-year, three-year, and five-year plan for where you want to be in your life, and include what kind of work you want to be doing and what you want in terms of salary and benefits. If you received significant property or other assets in the divorce settlement, invest them wisely and with an eye toward the future. Learn to budget, if you haven’t yet. Understanding Child CustodyFor many parents, figuring out child custody is one of the most difficult and most important parts of a divorce. When children are involved, either the court must decide or the parents must agree on how to handle issues like whether and how custody will be shared, who will make decisions for the kids, and how visitation will work. Types of Custody ArrangementsThere’s no one-size-fits-all custody arrangement; the terms of your final custody plan are supposed to be tailored to meet the needs of your family. The final custody order should normally address both physical custody (which parent the child lives with) and legal custody (which parent has the right and obligation to make decisions about the child’s upbringing). Most custody orders divvy up custody in one of the following ways: When an order specifies that one parent has sole physical custody, the judge will typically create a visitation schedule to ensure the child has the opportunity to enjoy a meaningful relationship with the noncustodial parent. How Courts Make Custody DecisionsAlmost all courts use a standard that gives the “best interests of the child” the highest priority when deciding custody issues. What a judge considers to be in the best interests of the child depends on many factors, including: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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What Is A Collaborative Divorce? What Is Reasonable Visitatoin? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-is-the-difference-between-alimony-spousal-support-and-child-support/ What is reasonable and liberal visitation? It is a time-sharing arrangement in which the specifics of child visitation are essentially left up to the parents to agree upon. Many couples going through a divorce believe “reasonable and liberal visitation” is better than a strict schedule, but it can lead to problems in all but the most amicable divorces. If you are facing a child custody action, it is helpful to know the benefits and drawbacks of this option before visitation is formalized. Who Determines Child VisitationWhether you are going through a divorce or a child custody determination outside of a divorce proceeding, there are a few issues that will need to be resolved. Either you or your ex can agree on these issues, or the court can decide them for you. The primary issues to decide include: When it comes to visitation, states have adopted standard schedules such as every other weekend plus two weeks during the summer. Some couples adopt these standard schedules or use them as a starting point, and some abandon them to come up with something that works better for them. When the parents cannot agree, the court will hold a hearing to determine what is in the best interest of the child. What is Considered Reasonable Visitation?After a divorce, the children generally live with one parent or the other. The parent that the children lives with is called the custodial parent; the other is called the noncustodial parent. (Sometimes today the noncustodial parent is called the visiting parent.) In the interests of the children, the noncustodial parent is usually then granted the right to visitation with the children because courts believe children should have contact with both parents. The law calls this “reasonable” visitation. “Reasonable” visitation generally means the parents of the child must come up with a schedule – a parenting plan, which is a schedule with days and times — for visitation. When the parents cooperate, this regime works better because it allows the parents to work around their respective schedules. In practice, however, the parent who has custodial rights generally has more power and influence over what is considered reasonable in terms of times and durations. The custodial parent has no legal duty to agree to any proposed visitation scheduled. However, an inflexible or malicious parent does not escape the notice of the judge who remembers his or her intransigence later on. In most cases, the two former spouses will be able to work out a schedule together that they can both live with. Although the custodial parent has the power to decide what is or is not reasonable visitation, his or her decision making power is not absolute. For example, the custodial parent can refuse visitation in the middle of the night or while the other parent is intoxicated. However, the custodial parent cannot deny visitation just because he or she is upset with the noncustodial parent, or because the children do not want to visit with the other parent, or because the noncustodial parent is behind in support payments. If a parent suspect that a loosely defined reasonable visitation regime won’t work, he or she should request on a fixed schedule and save time, and aggravation. If an existing reasonable visitation isn’t working out — for example, one parent is consistently late, skips scheduled visits, or doesn’t inform the other parent where he or she is planning on taking the children – a party can go back to court and ask that the arrangement be changed. A common schedule may look something like this: In order for a reasonable visitation schedule to work, parents must be communicate with each other in civil, sane, rational manner. Reasonable Visitation versus Fixed VisitationWhen you are involved in a Dissolution of Marriage proceeding and minor children are involved, child custody and visitation agreements or orders will need to be implemented. Here is an example of the difference between “reasonable visitation” and “fixed visitation”. Reasonable Visitation: If the Court-Ordered visitation to the non-custodial parent is set forth as “reasonable visitation”, it is an open-ended visitation schedule with no specific periods of times, including holiday periods of time, being guaranteed to the non-custodial parent. Reasonable visitation should only be implemented between parents who prove to be flexible and exhibit good and reliable co-parenting habits between them. If one or both parents are, or will become, resistant to sharing the children by agreement, reasonable visitation is probably not a good option. Under reasonable visitation, the custodial parent maintains the final say in a visitation dispute. Flexibility is of the utmost importance in reasonable visitation orders. Each parent will be guaranteed to face certain circumstances that will cause them to want to deviate from an agreed-upon visitation schedule. If each parent can remember this and be willing to allow the other parent spur-of-the-moment visitation rights for special events such as weddings; opportunities to visit with relatives not often available with little prior notice; or special outings and events, just to name a few, then reasonable visitation will be successful. Your child(ren) will also appreciate each parent’s willingness to work together more than you will ever know. Make-up time to either parent can also be agreed upon when out-of-the-ordinary occurrences arise. However, if a disruption to the normal child-sharing schedule is likely to be met by resistance by the either parent, a Court hearing may become necessary to resolve any such disputes. Fixed Visitation: If the Court-Ordered visitation sets forth specific days and times of day, which can include a Holiday visitation schedule, you have a “fixed visitation schedule”. A common example of a fixed visitation schedule would allow the non-custodial parent alternate weekends with the specific commencement and return dates incorporated into the order. Additionally, a mid-week visit lasting approximately four hours is often included so that the non-custodial parent can share a dinner, or other chosen event, with the child (ren) mid-week to ensure ongoing and frequent contact with the child (ren) between weekend visitation periods. A specific Holiday schedule can also be included in a fixed visitation order. This allows both parents and the children to be able to make holiday plans on an alternating-annual basis. Holiday schedules often prove to be of great assistance in ensuring that each parent will share equal time with the child (ren) during all holidays. Extended family members are also able to see and visit with the child (ren) when holiday events are able to be planned in advance. Only you and the other parent know the best visitation plan that will work for you. When choosing the best option for you and your children, keep in mind such future possible actions as each parent entering into new relationships. If you choose a reasonable visitation option, make sure you believe that each parent will continue to work together, exclusively, to promote the best interests of their children absent undue influence from disinterested third parties. Upon a change of circumstances, however, any child custody and visitation orders entered can be modified until the child(ren) attain the age of 18. When The “Reasonable” Approach Doesn’t WorkFlexible visitation rights can be tremendously helpful for busy parents who are still civil with one another, but these flexible arrangements don’t work for everybody. Many parents don’t get along after a divorce. In some cases, the parent with primary custody of a child may even try to keep his or her ex from ever seeing their child, simply out of spite. Even parents who once co-parented amicably can have a falling out, but that doesn’t mean non-custodial parents have to give up their parental rights. If the custodial parent (referred to as the primary conservator in Utah) strays from what the two initially agreed to as what are reasonable visitation rights, it’s usually best for the non-custodial parent to seek legal advice on next steps. For example, if you end up in a situation where your ex stops cooperating and makes it difficult for you to see your child, you may need to seek a custody modification with a visitation schedule that is more clearly defined. As a parent in Utah, you typically do have a legal right to spend time with your child, and an experienced family law attorney can help you regain your parental rights. What If Non-Custodial Parent Does Not Exercise Visitation?While Utah courts will step in when a parent denies another parent court-ordered visitation, the courts cannot force a parent to spend time with his or her child. However, if the non-custodial parent routinely misses visitation, the parent with primary custody could petition the court to modify the visitation agreement but limiting visitation may do more harm than good. Unfortunately, the child is the one who ends up suffering in these situations. Children often blame themselves when a parent promises to pick them up for visitation then doesn’t show up. We strongly encourage the primary parent NOT to disparage the no-show parent and seek guidance from a family counselor instead. How Long Does It Take To Get Visitation Rights?Establishing visitation rights can go much faster when a child custody suit is filed in conjunction with a divorce. Temporary orders—including visitation—are put in place pretty quickly once a divorce is filed. How soon you can finalize official custody and visitation arrangements depends on a variety of factors and how badly parents want to resolve their divorce and custody issues. On the other hand, it may take longer for parents who never married to get visitation rights nailed down. Again, it all depends on the circumstances and how well the unmarried parents get along. An attorney experienced in child custody disputes can help you weigh your options. Allowing Too Much Flexibility In Visitation Rights Can Be ProblematicSometimes life and unforeseen circumstances force parents to alter schedules and end up caring for their children more or less than their possession schedule dictates. We saw this happen to many parents during the pandemic and strongly encourage parents to speak with an attorney about steps to take when drastic changes to work and life circumstances occur. Due to COVID-19, many non-custodial parents ended up working from home (or were home due to job loss) and caring for and home schooling their kids who couldn’t go to school. In addition, many primary parents were forced to work long shifts on the front lines (doctors, nurses, first responders, etc.) and had to rely on non-custodial parents to keep children for extra hours or days. These “temporary” schedule adjustments often lasted for several months. Some custodial parents worried they would lose custody, while many non-custodial parents were left wondering why they were still paying child support since they were sharing custody 50/50. Other parents hoped to be legally granted more possession time—since they had their kids more anyway—and called us about custody modifications. Changes in circumstances may give some parents the grounds to request a modification, so it’s important to speak with a family law attorney about potential consequences and how to protect your visitation rights BEFORE these changes become “routine.” However, it does NOT give a parent the right to stop paying child support. In fact, even getting a legal 50/50 custody arrangement in Utah doesn’t automatically mean you won’t have to pay child support—in most cases you will still have to pay something. Don’t assume anything—contact an attorney. Implementing “reasonable and liberal visitation”A reasonable and liberal visitation arrangement may come about by agreement or by order of the court. When the parenting plan specifies that visitation shall be reasonable and liberal, rather than stating specifically when the non-custodial parent may spend time with the child or children, it puts the responsibility on the parents to cooperate and continually agree on visits as they come up. This solution makes the most sense when the parents are exceptional co-parents who communicate well and do not let any personal differences interfere with their parenting decisions. In the real world, even when parents have the best of intentions and consciously focus on their children’s best interests, the predictability of a predetermined schedule typically serves the family better. Drawbacks Of A Liberal Visitation ArrangementMost co-parenting relationships are not suited for the non-specific nature of a “reasonable and liberal visitation” situation. The flexibility that seems appealing at the beginning can lead to endless disagreements. If you and your ex do not have substantially similar ideas of how often visitation should take place and how long it should last, neither of you will have something separate, like a court-approved parenting plan that spells out whose idea controls in any specific situation. Even if you and your co-parent more or less agree, the custodial parent will have more power in the relationship. Since there are two opinions in every decision, there is no formal tiebreaker. The parent who has physical custody of the child, however, is an informal tiebreaker because he or she can, practically, veto the other parent’s wishes. Perhaps the most concerning problem is that there is nothing to enforce. If one parent does not provide or return the children on time, the other parent cannot request police intervention because there is no violation of a specific time-sharing plan. Modification Of VisitationIf you have a parenting plan that states that the non-custodial parent may exercise reasonable and liberal visitation and you run into conflicts with the other parent because of it, you may be best served by asking the court to change it. Revisions to visitation take place in a modification hearing when one or both parents allege that a change to the schedule is necessary due to a material change in circumstances. If you are going through an initial custody determination, it is helpful to be aware of the visitation options and to choose an experienced family law attorney to represent your interests. Effective representation in the early stages can save you the hassle and cost of requesting a modification later on. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post What Is Reasonable Visitation? first appeared on Ascent Law, LLC.
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What Is Collaborative Divorce? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-is-reasonable-visitation/ Adoption is a process by which a child is born to one set of biological parents, and is then raised by different parents. The adoptive parents are the child’s legal parents. But just because the child is being loved and raised by his or her legal parents, should that mean that the biological parents, or birthparents, must forfeit all contact with them? Many people say no, just because you don’t have the resources to raise a child should not mean that you have to cut that child out of your life completely. Children, too, have a right to know where they came from originally, and to establish relationships with their genetic parents, even if those people aren’t the primary parents. The resulting custom is called “open adoption.” Open adoption can mean several different things. The birthparents know who their child’s adoptive parents are, and vice versa. There was a time, not very long ago, when all adoption records were secret, and adoptive parents knew nothing about their child’s birthparents. Birthparents, too, let go of their babies and never saw them again. But adoptive parents need to know things like their child’s medical history, and birthparents need to know their child is well cared for and doing well. There can be contact between birth and adoptive families. Pictures may be exchanged, emails sent, letters written, and gifts given for birthdays and Christmas. Adopted children may be encouraged to establish independent relationships with their birthparents. Rather than being cut off from their genetic roots, many adopted children are allowed and encouraged to get to know their birthparents. Birthparents may be treated like extended family. Some families invite their children’s birthparents to birthday parties or family dinners. The birthmother or birthfather is as much a part of the child’s life as an uncle or aunt, and is included in a similar fashion. It avoids long searches for birthparents by adoptees. If an adopted child wants to know his or her birthparents, an open adoption makes that easier; the families already have some kind of contact. They do not have to spend years searching through old files and following rabbit trails. They can simply get their birthparents’ address from their parents or lawyers. Different families will do open adoption differently. Many families, for example, are not comfortable including birthparents in the family, but are quite glad to send pictures and progress reports to birthparents several times a year. Others, however, feel that a child can never have too much love, and anyone who loves their child should be included in that child’s life. Open adoption often makes it easier for a birthmother to place her baby for adoption. Many know that they aren’t ready to raise a child, but still want to know the child is happy and loved. Open adoption provides them with a means to stay connected, to whatever degree, while still letting their child be raised by a loving family. The Challenges of Open AdoptionFamilies who are looking to expand their family through adoption are bound to have many questions. In fact, it’s perfectly normal for any future parent to have questions about parenting, regardless of how they bring their new child into the family. Adoptive parents have even more questions to think about, because not only do they have to worry about raising a child, but also about the process of adoption itself. Often, one of the biggest questions is what the best arrangement with the child’s birth parent should be. Most parents know that they can choose either a private adoption, where the birth parents have no contact with the child, or an open adoption, where the birth parents do remain in contact. Choosing open adoption always leads to more questions as it’s not a black-and-white arrangement. Every family is different and has different needs when it comes to birth parent relationships, and sometimes these needs can change over time. A Permanent ArrangementOne question that many adoptive parents have is whether an open adoption has to be a permanent arrangement. Most accept that that is the idea situation, but there can be circumstances that might lead adoptive parents to want to change the terms of an open adoption, or cancel contact with the child’s birth parents altogether. So what should adoptive parents do when encountering these situations? Will reducing or cutting off contact be harmful to their child. In general, consistency is extremely important when it comes to raising children. Children need to know what to expect in order to feel comfortable and secure. Cutting off contact with the child’s birth parents unexpectedly, especially for reasons that are not understandable to the child, can lead to emotional challenges for your child. In an open adoption, when relationship problems arise between you and your child’s birth parents, it’s always best to try to work out your differences first before cutting off contact completely. However, there might be situations where maintaining frequent contact causes your child more harm. This is always a risk with an open adoption. Sometimes, for various reasons, a child is not able to handle a regular relationship with their birth parent. When this happens, you might have to make the decision to reduce contact, or end it altogether for a period of time (assuming you don’t have a legal arrangement that would prevent this). Doing What Is Best for Your FamilyWhen it comes to open adoption and the relationship your child has with his or her birth parents, there is no one size fits all solution. You have to choose the arrangement that works best for your family, and you might have to adjust that arrangement over time. If you are unsure of how successful your child’s relationship with his birth parents is, just sit down and have a conversation with him. An open adoption is never an easy thing. It’s bound to have its challenges, but with compassion, understanding, and open communication you will be able to successfully navigate through it as a family. Times have changed in the world of adoption. Years ago couples went to their local adoption agency, filled out the paperwork and waited for their newborn. Today’s adoptions are far more involved, expensive, and difficult to negotiate. The whole process can be a scary and daunting proposition. That’s why many couples now turn to an adoption consultant for help and guidance. Never heard of one? You’re likely familiar with a wedding planner who coordinates all the details involved in putting together a wedding. In a similar way, an adoption consultant serves as an advocate for adoptive parents. Consultants help the pre-adoptive parents navigate the maze, create a profile, and connect with the best agencies and attorneys for them. With a consultant, your adoption will most likely go quicker and be safer. Chances are you’ll also save money, have less stress, and probably sleep better at night. Just starting to consider adoption? This may be the best time to get involved with a consultant. The first step in approaching an adoption is a thorough and honest look at what’s involved and an assessment of whether adoption is a good decision for your family. Before you start the process, you need to know what you’re getting into, and have realistic expectations. If you decide adoption is right for your family, there are a lot of decisions you need to make. Would you prefer a domestic or international adoption? Will it be an open adoption, closed, or somewhere in between? Do you want a newborn, or would you consider adopting an older child? There are pros and cons to each type of adoption and while some families are very comfortable with a fully open adoption or an older child, others prefer raising a newborn with less of a connection with the birth family. Once you’ve narrowed the type of adoption you want, the journey truly begins. An adoption consultant can help you get started and work with you to put together a customized plan to help you through the process. You’ll learn about procedures, home studies, legal issues and the various levels of openness. A consultant can help you prepare for your interaction with birth parents and various adoption professionals and will work with you to put together a prospective parent profile. A great profile can make all the difference in how fast you’re selected by a birth mother. Many couples pursue adoption after years of grueling infertility treatments that can leave them feeling frustrated and powerless. Those same feelings are often carried over into the adoption journey. Adoption is a whole new area that can seem overwhelming and even more uncontrollable than infertility treatments. A good adoption consultant can help prospective parents exert significant control over the domestic adoption process, especially the amount of time the entire process takes. Throughout the journey, a consultant will be looking out for your best interests. Unfortunately, some couples are so desperate for a child they’re seduced by less-than reputable people or are pressured into accepting a situation that’s not right for their family. An adoption consultant will be supportive and will remind you that you’re not looking for any birth mother, you’re looking for the right birth mother. She and your future child are out there and a consultant can help you find each other. Closed Adoption – Another OptionAdoption is an old tradition in the United States, and like many old traditions, it has undergone serious changes throughout its existence. Public opinion about adoption has changed over time, as has cultural acceptance and its overall popularity. Not only have that, but the terms of adoption changed as well. In this day of technology and advanced communications, adoptions which allow the children to know who their parents were are more common. However, closed adoptions, in which the children never learn the identity of their biological parents, are still available. However, this style of adoption also poses a fair number of concerns in the light of our modern society. Beyond the problem that older children cannot be adopted in this manner, adoptive parents with no knowledge of their children’s parental background are not able to make predictions about illnesses or other medical issues the children may have inherited from their biological parents. Additionally, many children who were adopted in closed adoptions find that they want to find their biological parents later in life, and have to go through a long search process to find them. Many see open adoptions as a more practical method in today’s world, and some critics of the confidential system even go so far as to say that making a child’s birth parents literally a state secret is a violation of human rights. Here Is How Open Adoption Works: 2. Sharing Pre-Placement Contact in an Open Adoption 3. Interacting at the Hospital in an Open Adoption 4. Sharing Post-Placement Contact in an Open Adoption Pros of Open AdoptionBirth MothersFor some birth mothers, they are only able to pursue an adoption plan if they can maintain a relationship with their child. Open adoption allows them this opportunity. However they envision their future relationship with their child can become a reality simply by selecting a family open to that amount of contact. By choosing a fully open adoption, a birth mother can have a relationship with her child, without the mediation of an adoption professional, but still under the guidelines agreed to before the match with the family was made. Her relationship with the adoptive family can also grow naturally, and can increase or decrease in contact over the years, based on her comfort level. Some adoptive families believe that open adoption is much more of an advantage for the birth parents and wonder, “What benefits do we get out of open adoption?” Well, a lot actually! Families accepting of open adoption usually will have an easier time finding an adoption situation because they will be eligible for women seeking an open adoption. Conversely, families only interested in a closed adoption will only be matched with birth mothers who are also seeking a closed adoption. Many adoption professionals have seen a trend that open adoption relationships have a better chance of ending in a successful adoption than those in a closed adoption. The reason for this could be because a birth mother who chooses a closed adoption never truly gets to know the adoptive family, cannot envision what life would be like being raised in their family, and then decides not to go through with it. Instead, a birth mother that gets to know the adoptive family, can see her child growing up in their home, and can maintain a relationship with them, has a greater chance of committing to her adoption plan. Finally, something that is commonly overlooked is the fact that open adoption allows the adoptive family to stay current on the birth mother’s and her family’s medical histories. For example, after the adoption the birth mother finds out she has a heart condition – the same heart condition her mother has. This is valuable information for the family to know about their daughter, who may also be susceptible to the same heart condition, and they can prepare accordingly. Adopted ChildIn the past, adopted children who didn’t know their birth parents felt a huge piece of themselves missing, especially when they got older. They would often wonder what their birth parents looked like, what their laughs sounded like, what things they were good at, and more. As open adoption has become more prevalent over the years, more and more children either have some sort of relationship with their birth parents or know enough about them to fill that missing void in their lives. However, in closed adoptions, these voids remain. So this is one of the biggest benefits of all of open adoption, as it gives adopted children answers to some of the tough questions they otherwise would never have known, such as “Why was I placed for adoption?” and “Do my birth parents love me?” Open adoption allows a child to understand his or her adoption story, birth parents’ reasons for choosing adoption, cultural background, and much more than only an adopted child can truly explain. Cons of Open AdoptionBirth MothersSome women decide to pursue an open adoption because they believe having this amount of contact will make dealing with the grief and loss easier. Sometimes, this isn’t always the case, as having contact with the child can actually make moving on more difficult. Furthermore, in most states, post-adoption contact is not legally guaranteed, as most states have not passed post-adoption agreement laws for newborn adoptions. It is up to the birth mother to pursue an adoption with a family she feels will uphold their end of the contact promised to her, and it is up to the adoption professional to ensure the family keeps agreement. Adoptive FamiliesMost adoptive families are aware at how an open adoption can improve their wait times, their likelihood of the adoption being successful, and more. However, at the end of the day, some adoptive families are just not comfortable with any feeling of “co-parenting.” While open adoption is never co-parenting, those feelings can still occur during the periodic phone calls or visits while watching their child interact with his or her birth parents. Also, while rare, some birth mothers may request more contact than what was originally agreed upon. If the adoptive parents are not ready to participate in more contact, they may be put in the uncomfortable position of denying her request. Adopted ChildWithout properly explaining adoption to the child at an early age, and making sure he or she understands the situation, the appearance of his or her birth mother could result in confusion of who his or her “real” parents are. For an open adoption to work, the adoptive family must educate themselves on how best to teach their child about his or her adoption. Furthermore, at some age, a child may decide he isn’t interested in seeing his birth parents any more, again putting the adoptive family in an uncomfortable position. In these scenarios, moving their relationship toward a semi-open adoption would be recommended. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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What Is An Alimony Waiver And Am I Eligible To Get One? What Is Collaborative Divorce? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-is-an-open-adoption/ It’s no secret that going through a divorce can be challenging, contentious, and expensive. Most divorces don’t rise to the level of drama presented on primetime television, but that doesn’t mean it’s a walk in the park, either. Divorces commonly require attorneys, time, money, and in some cases, a lengthy trial. Courts in every state encourage couples to work together to resolve divorce disputes, and when you can agree, you’ll notice that the process is much more comfortable. If you and your spouse can’t agree to all the terms in your divorce, you may find it helpful to hire a mediator¬—or, neutral third party—to facilitate a conversation and resolve your disputes. Some states offer couples divorce alternatives, like a legal separation, but again, you’ll need to be on the same page as your spouse for this legal process to work. If tensions are high and there’s no possibility for an agreement, you’ll need to follow the traditional divorce process in your state. What Is Collaborative Divorce?A collaborative divorce is a legal divorce process that allows couples to negotiate all the terms of a divorce, without the need for mud-slinging or fighting in court. Couples will use a combination of mediation and negotiation to reach an agreement on the critical terms of divorce, like property and debt division, child custody and child support, and spousal support. How does Collaborative Divorce differ from other divorce processes?There are many ways to resolve disputes. • In mediation, a neutral professional assists the parties in settling the dispute. Generally, the parties agree that all information will be shared and that they are seeking a “win-win” solution. The mediator does not represent either party and the parties do not go to court. In some forms of mediation, representing attorneys serve only in a consulting or reviewing capacity. In other situations, representing attorneys participate in the mediation. Mediation can work well for parties who have the ability to communicate their needs directly to the other person and who are able to understand and analyze the information being presented. Collaborative Divorce combines the positive qualities of litigation and mediation. As in litigation, each party has an independent attorney who will provide quality legal advice and will assist in putting forward the client’s interests. Drawing from mediation, the parties and their Collaborative Attorneys commit to both an open information gathering and sharing process and a resolution of their differences without going to court. In addition, the parties can mutually agree to engage other professionals such as Child Specialists, Financial Specialists, Vocational Counselors or other neutral consultants to provide them with specialized assistance. The parties acknowledge that the best result for each of them will occur when they reach the best result for all of them. How is information gathered in Collaborative Divorce?The parties do not engage in expensive legal procedures to obtain information. The parties and their Collaborative Divorce Attorneys agree from the beginning that they will share all necessary information and documents voluntarily and in a timely fashion. Hiding documents or engaging in unnecessary delays are not permitted. If a party is not acting in good faith and “hides the ball”, it is the duty of the attorney to work with the client to change his or her behavior and to withdraw if the behavior continues. If a party continues to refuse to act in good faith, the Collaborative Divorce Process can be terminated. The parties decide what type of assistance is needed in the information gathering process and jointly engage consultants. For example, the parties can jointly hire a Financial Specialist to assist them in gathering and organizing financial information and to create projections for future financial possibilities. They can also jointly engage an appraiser to provide them with information and education regarding the ranges of value of a particular asset. How are questions relating to children addressed in a Collaborative Divorce?One of the most important aspects of Collaborative Divorce in a divorce dispute is the opportunity to resolve the divorce in a manner which creates a healthy co-parenting relationship so that the children’s interests and family relationships are protected. Sometimes, the parties have developed a working co-parenting relationship prior to entering the Collaborative Divorce process. However, in many cases, the parents need assistance in making the transition from parenting in one household to parenting in two households. Child Specialists can assist parents in developing effective communication and in creating a parenting agreement which will be beneficial for the children. The Collaborative Divorce Attorneys assist as needed in working out an agreement and preparing the necessary final legal documents. How do the parties and professionals work together?After initial meetings with their own Collaborative Divorce Attorneys, the typical process is to start the case with a four-way conference – the parties and Collaborative Divorce Attorneys meet together to discuss the issues, to make any necessary interim arrangements regarding children or finances, and to plan for information gathering. In addition, the parties can work individually and jointly with counselors to develop effective communication techniques and to manage the intense emotions that often accompany conflict. Additional consultants such as Financial Specialists, Child Specialists, or appraisers can also be hired to assist in other aspects of information gathering and processing. The four-way conferences continue to be the normal means of exchanging and clarifying information and brainstorming possible options for resolution. The Collaborative Divorce Attorneys work with each other and with their clients to plan each meeting. The parties and Collaborative Divorce Attorneys focus on educating everyone regarding the underlying information, each party’s interests and possible solutions. Out of this process, a settlement which meets the approval of the parties can be fashioned. Does it work to have everyone together in the same room in the middle of a conflict?The job of the Collaborative Divorce Professionals is to “set the tone” for positive communication. People in a legal dispute often feel vulnerable and emotional and can be less aware of how their patterns of communication can cause problems. The Collaborative Divorce Professionals help each client to present his or her interests and needs in a positive manner that can be heard by the other participants. Meeting together helps everyone to be “on the same page”, which ultimately facilitates reaching an agreement. The focus of the meetings is to find a solution, not attack each other. Must an agreement be reached in Collaborative Divorce?Any solution must be agreed to by all parties. No party is forced to accept a solution that does not meet his or her interests and needs. The parties understand that the goal is to fashion a solution that comes as close as possible to a “win-win” agreement, while recognizing that they may not receive everything on their “wish list.” What happens if a settlement cannot be reached?If the parties cannot reach an agreement, the parties can explore other options for settlement such as mediation, arbitration, private judging and neutral case evaluation, some of which may allow them to stay within the collaborative framework. If court hearings are required, the Collaborative Divorce Attorneys withdraw and each party retains a new attorney for trial. The Collaborative Divorce Attorney will transfer the information gathered and will assist the trial attorney in the transition. Why is it necessary for the Collaborative Divorce Attorney to withdraw if an agreement is not reached? The agreement by both the parties and Collaborative Attorneys that the Collaborative Attorneys will not go to court focuses everyone on creative means of settling the case in a way that is acceptable to all parties. The focus of the process stays on reaching an agreement rather than preparing a case for trial since the Collaborative Attorneys will not be representing the parties in court. The tendency to “drift” to court as the default decision-making method is reduced. In addition, the parties are assured of the commitment level of the Collaborative Attorneys to the Collaborative Process by the requirement that the Attorneys withdraw if the Process is terminated. Similarly, each party is assured of the strength of the other party’s commitment to achieve a resolution that is acceptable to both of them, as they would otherwise need to find new counsel and establish a new working relationship if the Process is terminated. Who should consider the Collaborative Divorce approach?Collaborative Divorce works best for parties who wish to settle without going to court and are willing to commit to a good faith effort to do so. In a Collaborative Divorce, each party maintains control over his/her decision-making rather than having a judge decide about important details of his/her future. Parties also control the amount of information that becomes a part of the public record (normally, the entire divorce file is open to the public, including any allegations made by either party in obtaining temporary orders or at trial). People in conflict often have continuing relationships with each other, as co-parents, business colleagues, or through their circle of friends and relatives, and their community. Collaborative Divorce will increase the possibility of maintaining a civil or even cordial relationship with the other person after the resolution of the conflict. How Much Does a Collaborative Divorce Cost?Those who wish to dramatically reduce legal fees should also consider Collaborative Divorce. A dispute that goes through the entire legal process, including a trial can cost tens of thousands of dollars for each party. Formal legal procedures can take much more attorney time (and your money) than the less formal process used in Collaborative Divorce. The focus on settlement moves the case to resolution faster than the typical court-directed case, which also reduces fees. What do I do if I want to use the Collaborative Divorce Process?You will need to find a Collaborative Divorce Attorney whom you can trust to provide you with both quality legal advice and the skills needed to work towards a settlement. You should discuss with the attorney how to approach the other party about choosing the Collaborative Divorce process which may include you discussing the idea with him or her, your attorney contacting the other party, or your attorney discussing it with the other party’s attorney, if one has been retained. In the alternative, you may contact other professionals who are involved in the collaborative approach and discuss the process with them. BENEFITS OF A COLLABORATIVE DIVORCEIf you and your spouse have decided to end your marriage, you are probably not looking forward to the prospect of litigation. However, you have options, one of which is a collaborative divorce. Here are four reasons people consider this form of Alternative Dispute Resolution or ADR. Less expensiveOne of the primary benefits of a collaborative divorce is that it is less expensive than litigation. A contested divorce can cost thousands of dollars, while a collaborative divorce is less expensive as long as you can agree. According to information from the Collaborative Law Institute, couples who use the collaborative approach to divorce spend about half what litigation would cost. This helps both parties begin the post-divorce era on firmer financial footing. With legal fees and associated costs, a lengthy court battle can be rough on your budget. While collaborative divorce may not be cheap, it is usually noticeably less expensive than traditional divorce. Less stressfulIt is not unusual for the atmosphere to become contentious during litigation. Collaborative divorce takes place outside of court in a more relaxed environment that helps couples work out their divorce agreement. There is less stress as compared with litigation, and with less stress comes less bitterness. Faster paceCollaborative divorce moves at a faster pace than traditional divorce, which can go on for months, if not years. On average, collaboration is over in half the time or less than it takes for litigation to wind up. Customized solutionsIn a collaborative divorce, both spouses sit down with their respective attorneys to discuss each issue from asset distribution to child custody. Rather than having to accede to the decisions of a judge, the parties have more control over their own divorce and, as a result, their future. The parties can ask questions, state opinions and make requests as they work their way toward a divorce settlement. You and your husband or wife may have a record of solving problems together. Even if your marriage is on the rocks, you may be able to use this cooperative experience to come up with the right solutions for your specific situation. By contrast, a judge may take a more cookie-cutter approach to your divorce. Workable agreementSince you and your partner are engaging in a collaborative divorce voluntarily, you are more likely to come to an equitable solution. You and your partner are also more likely to stick to the agreement. A divorce option through which couples work together to develop their own settlement agreement is the whole point of the ADR process. Collaborative divorce is a calm, respectful way to end one phase of your life and begin another. Improved PrivacyYour information remains private. During litigation, most of the information is public record. You retain some controlWith a conventional divorce, a judge has wide latitude to determine how to end your marriage. While you may not agree with a judge’s order, it is legally binding. With collaborative divorce, though, you have an opportunity to negotiate matters with your spouse. If you can reach an acceptable agreement, a judge is likely to respect it. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post What Is Collaborative Divorce? first appeared on Ascent Law, LLC.
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What If My Spouse Evades Service Of Divorce Papers? What Is An Alimony Waiver And Am I Eligible To Get One? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-is-collaborative-divorce/ The term “child custody” refers to the legal and hands-on relationship between a parent and his or her child. Custody includes the parent’s right to raise, care for, and make decisions regarding the child. The natural state is for the child’s biological parents to make all decisions involving the child’s residence, healthcare, education, and religious upbringing. However, when couples separate, all of these issues may become contentious. When a child’s custody and upbringing are in dispute, the child custody laws and the court becomes involved. To explore this concept, consider the following child custody definition. History of Child CustodyAs far back as ancient Roman law, children were viewed as property belonging to the father, who had the unilateral power to sell them, or enter them into slave labor. Mothers had no rights to their children, even if the father died. This possessive attitude continued through to 19th century English common law, in which fathers had the sole obligation to support, protect, and educate their children as they saw fit, and mothers had very limited access to their children in the event of a divorce. Landmark British legislation in 1839 directed the courts to award to mothers custody of children under the age of seven, and to give mothers visitation rights for older children. The original goal of this “tender year’s doctrine” was to give over the care of children to the mother only until they were old enough to be returned to their father’s custody. It was, however, the first stepping stone to shared custodial rights. In the early 1900s, thoughts on gender-based custody did an about-face, the courts determining that mothers were better suited to raise children. This was based in part on a Freudian theory on infant attachment and relationships, though it also took into account the more practical aspect of the father’s frequent absence as he worked to support the family. In the 1960s, fathers began asserting their parental rights, and courts began considering “the child’s best interest” in determining issues of child custody and new child custody laws. From primary residency, to visitation, to decision-making authority, the American family court system has expanded and refined this system, placing a gender-neutral focus on what is in the child’s best interest. Uniform Child Custody Jurisdiction and Enforcement ActThe Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”) was enacted in 1997 to combat the issue of parents filing custody actions in other states, in an attempt to get around the jurisdiction and orders in the child’s home state. The UCCJEA states that a child is under the jurisdiction of the court in the child’s home state. The child’s home state is defined as the state in which the child has lived since birth, or for six consecutive months immediately prior to the custody action. Other provisions of the Act outline how the child’s home jurisdiction is determined in other circumstances. Types of Child CustodyParents navigating the mine field of child custody laws often become confused, as there are many legal terms bandied about. For instance, legal and physical custody are separate issues, visitation, rights to attend a child’s functions, and even financial support are issues decided by the court in the event parents cannot agree. The court-ordered custody arrangement often becomes part of the divorce decree, though it may later be altered if there is a change in circumstances. In all states, joint custody is preferred, as the courts feel that it is important for children to have contact with, and be parented by, both parents. Circumstances, however, may necessitate other arrangements. A child custody and support order includes which parent the child will live with, how visitation will occur, who gets to make critical decisions regarding the child, and who will provide financial support. Legal CustodyLegal custody is a separate issue from physical custody, as it has nothing to do with where the child lives, and everything to do with who has the right and obligation to make important decisions regarding the child’s care and upbringing. Legal custody entails making decisions about such issues as the child’s daily routine, schooling, daycare, healthcare, and religious upbringing. In most cases, parents share joint legal custody, which means they must consult one another regarding major decisions. If one parent makes a habit of making such decisions without consulting the other parent, he or she may have legal custody rights taken away. In many cases, hostilities between the parents, or abuse on the part of one parent, makes such communication impossible, or is not in the children’s best interest. This is a situation in which sole legal custody may be granted to one parent, based on which parent is seen as being the most reasonable, and able to make the proper choices. Physical CustodyPhysical custody refers to the day-to-day care of a child, and where the child will primarily live. Even when joint physical custody is ordered, primary physical custody usually resides with one parent (the “custodial parent”), and the other parent (the “non-custodial parent”) will get visitation rights. Joint Physical Custody is often worked out between the parents, according to their schedules, allowing the children to stay with the parent when he or she is available to take care of their needs. This is referred to as a “parenting plan.” In the event parents cannot agree, the court imposes a custody and visitation schedule. While the goal of joint custody is equally shared custody, reality has caused the courts to order “significant periods” of physical custody to ensure children have “frequent and continuing contact” with both parents. Sole Physical Custody may be ordered in cases in which one parent is seen to be unable to provide a healthy and stable living environment for the children. This may occur when one parent abuses drugs or alcohol, is actively engaged in a criminal lifestyle, or is violent or abusive towards the children or others. Sole physical custody may also be awarded to one parent when the other parent is seen to be keeping the children from, or alienating them against, that parent. Example Of Custody SituationsAmicable Joint Custody ArrangementWhen they get divorced, Mary and James decide to work out shared custody of their two children. Both parents work, but because James has moved across town, and Mary is staying in the family home, they decide the children will live primarily with their mother, where they can remain in their neighborhood school. The children will stay with their father every other weekend, as well as spending time with him two evenings a week until bedtime. Mary and James also share joint legal custody, consulting with one another to make decisions regarding the children. Joint Physical/Sole Legal CustodyChloe and Bryan have a turbulent divorce, and cannot agree on issues regarding their 3-year old son. Bryan argues about every daycare provider Chloe proposes, and when he has their son for visitation, he often fails to return him as scheduled. In addition, friends report hearing Bryan tell their son “Mommy is mean,” and “Mommy is bad, she makes Daddy sad.” When Chloe asks the court for a change in custody arrangements, the judge determines that Bryan is uncooperative, likely to disobey the custody order, and is actively alienating the child against his mother. The court orders primary physical, and sole legal, custody to the mother, with the father having weekend visitation with strict orders to return the child on time. Sole Custody/Supervised VisitationWhen Helen and Zack divorce, Zack seeks sole custody of their daughter, stating Helen is an alcoholic, and leaving the little girl with her unsupervised would be dangerous. After speaking with the parents and the little girl, and after completing an investigation into the mother’s behavior, the court representative determines that the mother’s alcoholism indeed makes her unfit to care for the child. Zack is awarded sole legal and physical custody, and Helen is allowed to visit the little girl only at a supervising agency. The mother is ordered to attend AA meetings, or to enter rehab, after which she may apply for a change in custody status. How to Get Custody of a ChildIn situations in which the parents simply can’t agree on custody and visitation issues, they must go through the process of obtaining a court order. Most states use some form of alternative dispute resolution (“ADR”) or mediation to come up with a parenting plan before the matter is taken to the judge. During the ADR process, each parent submits a reasonable plan for custody and visitation to the mediator, who then sits down with both parents to work out an agreement. If the parents cannot come to an agreement during this meeting, the mediator, who also meets privately with the children, creates a parenting plan that is in the best interests of the children. It is the mediator’s job to weed through heated arguments and allegations, as well as to determine whether one parent is trying to keep the children from the other for no valid reason. While the judge has some discretion, the mediator’s recommendation most often becomes the court order. Common Considerations in Making a Custody OrderWhen a court is making an order for child custody and visitation, it must determine what is in the child’s best interest. To do this, the judge considers a number of factors, including: Common Ways to Sabotage Custody or VisitationDivorce and child custody often become hot-button issues when any relationship ends. Letting anger toward the other spouse get in the way of the parent-child relationship is a sure way to lose custody, or to get an order for limited visitation. Common mistakes include: Alienation of Affection – occurs when one parent puts down or disparages the other parent, either directly to, or in the presence of the children. This also includes attempting to keep the children from the other parent. Using Child Support as a Weapon – failing or refusing to pay child support because of custody and visitation disagreements not only shows contempt for a court order, but is likely to be seen as combativeness and non-cooperation. Denying Telephone Contact – keeping children from contacting the other parent by telephone during visitation is generally considered to be keeping the children from the other parent, and thus alienation. Removing Children from School – the removal of children from school or daycare without permission from, or notice to, the custodial parent triggers suspicions of non-cooperation or even risk of flight. Related Legal Terms and IssuesAlternative Dispute Resolution – The resolving of disputes by means other than litigation. In a family court environment, this refers to mediation of custody and visitation. Child Custody Mediation – The process by which a court-appointed mediator helps parents reach a custody and visitation arrangement that is in the best interests of the child. Allegation – An assertion or claim that someone has done something wrong or illegal, typically made without actual proof. Sex Offender – A person convicted of a crime involving sex, including rape, molestation, and production or distribution of child pornography. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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What Happens If My Child Turns 18 But My Ex Still Owes Child Support? What If My Spouse Evades Service Of Divorce Papesr? What Is An Alimony Waiver And Am I Eligible To Get One? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-is-child-custody/ Alimony, or spousal support, is money designed to provide for the lesser earning spouse during and after the divorce. However, alimony isn’t required and it can sometimes be waived. It may be difficult to know if this is or isn’t in your best interests. Here’s what you should know Utah alimony waivers and how to get the legal help you need when faced with the end of your marriage. What Is an Alimony Waiver?An alimony waiver is a formal document that states that you and/or your ex-spouse agree that the court will not award alimony, support, or spousal maintenance when the final divorce decree is issued. You can also waive alimony in your final divorce decree if you haven’t already done so with a prenuptial or postnuptial agreement. Simply inform your attorney that you are not interested in receiving support and they will ensure the correct language is built into your divorce decree. If your spouse has historically been the primary wage earner or primary source of financial support for the family, it is typical for that arrangement to continue after the divorce with an award of alimony to you, as the non-working or lesser earning spouse. However, what happens when you and your spouse have similar levels of income, or if neither of you work? In that case, there may be an alimony waiver, or an award of “one dollar a year” of alimony. What happens if you are comfortable waiving alimony at the time of your divorce, but do not want to preclude your right to ask for an award of alimony in the future? The answer may be that your spouse pays you “one dollar a year” in alimony for a certain period of time (the alimony term). The $1 is symbolic. It really means that no alimony will be paid to you for the time being, but it leaves the door open for you to ask for a modification of the alimony amount in the future. Leaving alimony open with an award of “one dollar a year” may be appropriate if: Under Utah law, spousal support can be waived by a person prior to the marriage in a prenuptial agreement. However, there are specific requirements that must be met in order for an individual to waive or provide provisions to their right to alimony. The future spouse must have independent legal counsel at the time of signing the prenuptial agreement and the terms must be conscionable at the time of signing. If these requirements are met, spouses are allowed to determine support before the wedding. Considerations Before Waiving SupportThere are many considerations that must be made before deciding whether to request or acquiesce to a waiver of spousal support. One consideration is whether a spouse earns enough in a current job to be able to waive support and still maintain financial independence. Another is of personal beliefs, where an individual must consider if they are comfortable with the idea of receiving monetary support from a former spouse. Some people find the concept embarrassing or counter to the ideas of feminism. Finally, you must consider whether alimony can make up for any economic loss incurred as a result of the marriage, either by limiting job options or for the loss of career by leaving the workforce while the marriage is ongoing. Alternatives to a Blanket Alimony WaiverA couple may also want to consider alternatives to a blanket alimony waiver in a Utah prenuptial agreement. Provisions can be made in the contract that limit the amount or duration of spousal support that the court might not find unconscionable compared to a blanket waiver of support. For example, a couple might agree to alimony payments for one half of the duration of the marriage, or the prenuptial agreement might provide that alimony payments are only made to a certain monetary amount. Another alternative to a blanket waiver is to include spousal support as an incentive for the marriage or if a triggering event occurs. For example, a spouse will waive alimony unless the marriage lasts for a certain length of time, or spousal support will trigger if a spouse reaches a certain age, incurs a disability, or a situation arises which renders the spouse unable to rejoin the workforce after the marriage. Can You Waive Alimony in a Prenuptial Agreement?You are getting married, you know you want a prenup, but you do not want to have to pay alimony in the event of a divorce. Can you waive alimony in a prenuptial agreement? The answer is yes. You can waive alimony in a prenuptial agreement; however, it must be done with the significant caveats and disclosures and there is never a 100% guarantee. The other party must be represented by an attorney, or a very solid waiver (which is still a risk). Facts and actions that occur during the marriage can also come in to play.If your prenuptial agreement waives alimony, then a court will be forced to honor this provisions – even if your circumstances at divorce are much different than they were when you signed the prenuptial agreement. However, a court will not uphold a prenuptial agreement that waives alimony if you or your spouse will not be able to make ends meet without it. This is because public policy disfavors agreements that will make individuals wards of the state (like by relying on Medicare/food stamps). The best bet is to include a formula for when and how much alimony should be paid. This can be based upon the differences in incomes, length of the marriage, or any other factor you want to include, such as no alimony if the other spouse commits adultery. Allowing for some form alimony versus a complete waiver is just a safer route to go. At the end of the day, a prenuptial agreement is a contract and you can agree to anything so long as you meet the legal requirements for a valid prenup, and the terms do not violate public policy or the contract contains terms that are illegal. But again, and I cannot reiterate this enough, if the prenuptial agreement is contested, it will be up to the Judge to decide and everything is fair game at that point. Am I Eligible to Get Alimony Waiver?Alimony is there to help prevent any unfair financial effects as a result of a divorce. For example, if you have been a stay-at-home parent for many years and find yourself in need of an income after a divorce. In this case, you could benefit from alimony to help support you. Why You May Waive AlimonyThere are many reasons why you may decide to waive alimony, however, here are some of the most common reasons: What Happens When You Waive Alimony?When you decide to waive alimony, it is a permanent agreement that you cannot modify in the future. So, what happens when you feel confident in being able to support yourself at the time of the divorce but do not want to waive your rights to alimony in the future? In this case, you may want to consider entering an agreement for your spouse to pay you “one dollar a year” in support. As a result of this, it will leave room for you to ask for a rise in alimony in the future if you feel that you need it. The Danger of Waiving Your Right to Modify Spousal SupportIn divorce cases involving spousal support, your spouse or his or her attorney may ask you to waive your right to modify spousal support in the future. Some lawyers call this a “Staple waiver”. Such waivers are extremely dangerous, however, and they should not be entered into without first consulting with qualified legal counsel. If you have already waived your right to modify a spousal support award, there may still be hope. If there was no discussion in court regarding the modifiability of the spousal support award or no indication that anyone explained to you the effect of waiving your right to modify the award, then your waiver may be invalid, and you may be able to have it set aside. Or, if your Judgment of Divorce does not specifically declare that you were forgoing your right to modify the spousal support award or does not state that the spousal support award is final, binding and nonmodifiable, you may also be able to have your waiver set aside. Only a qualified family law attorney can tell you whether a Staple waiver is right for you or if you have validly waived your right to request the court to modify a spousal support award. In Utah, you can waive your right to alimony in a number of ways: Post-Nuptial Agreement or Settlement AgreementSimilar to a prenuptial agreement, you and your spouse may enter into an agreement after you are married (a postnuptial agreement) or at the time of your divorce (marital settlement agreement) that deals with issues of property/asset division, debt distribution and spousal support. You can also waive your right to spousal support in these types of agreements. And, like prenuptial agreements, the court will be obligated to uphold your waiver of spousal support unless doing so would force you to become a ward of the state. It is important to note that while you can affirmatively waive your right to spousal support in pre and post-marriage contracts, you can also include provisions that permit you to seek or modify an alimony award at a later date. In fact, this is the only way to possibly obtain spousal support after you have waived your right to do so by contract. For this reason, you should always include terms that allow you to petition for alimony in the future – no one knows what can happen in the future. Failure To Request AlimonyFinally, it is possible to waive alimony by failing to request it. If you do not enter into a pre or post-marital contract with your spouse, then odds are good your divorce case will be litigated. At the very least, you or your spouse will petition the court for a divorce and the other spouse will have an opportunity to answer the petition. If you fail to request an award of spousal support in your petition, answer or at an appropriate time during the litigation of your divorce case, then you will likely waive your right to alimony. Once the final divorce decree has been issued by the court, it will be extraordinarily difficult to ask for support later. For this reason, you should always ask the court for alimony or at least the right to request it in the future during your divorce. As you can see, there are a number of ways to waive your right to alimony in Utah. You can also tell that once you have waived your right, it is highly unlikely that you will be able to receive spousal support in the future. For this reason, you should always consult with a qualified divorce or family law attorney before deciding to waive alimony or when entering into pre and post-marital contracts. You need to carefully weigh your options and the ramifications of giving up your right to alimony. If you give up your right to alimony, you have not only lost the money you could have earned during the marriage, but you also give up the right to maintain the lifestyle you were afforded during the marriage itself. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post What Is An Alimony Waiver? And Am I Eligible To Get One? first appeared on Ascent Law, LLC.
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What Happens If I Don’t Pay My Child Support? What Happens If My Child Turns 18 But My Ex Still Owes Child Support? What If My Spouse Evades Service Of Divorce Papers? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-is-an-alimony-waiver-and-am-i-eligible-to-get-one/ When a marriage hits the buffers, ideally both husband and wife will agree to get divorced. However, many divorces are contested by one party which makes the whole process more difficult and leads to protracted negotiations. Depending on intentional or accidental dodging of divorce papers serviced to the other spouse, the person wanting to legally end the relationship may have options based on the state of residence. Some of these options involve using the mail service or having an official person track down the other spouse and serve the papers in front of witnesses. The process of divorce can be complicated even in the best of circumstances, but becomes more difficult when a spouse doesn’t respond to a divorce petition. An attorney can help those who are served to respond in an appropriate way to protect their legal interests and can assist those who are filing for divorce with a non-responsive spouse One of the first major steps in getting a divorce is for one divorcing party to complete a matrimonial order (formerly called a divorce petition) which essentially comprises the divorce application to the court. Once the application has been submitted and approved, the court will send a copy to the other spouse along with an ‘acknowledgment of service’ form. They must respond to this form within 8 days – either agreeing with the divorce or contesting it (or objecting to any costs). Once this has been done, the divorce can proceed to the next stage which is the application for decree nisi. But sometimes the other party fails to respond to the acknowledgment of service form. This may be due to an oversight or change of address – so as a first step it is worth contacting them informally to ask if they have received it Okay. Serving Divorce Papers – Legal Options if Your Spouse Is Dodging Acceptance of ServiceThe MisconceptionMany spouses in the United States believe that they can dodge the paperwork and not need to worry about going through a divorce. However, even if not served, the other spouse can move forward with the process of either divorce or to start the legal separation. The individual that seeks the divorce can use publication such as a newspaper to start the process when there is no other option to contact or serve the papers to begin. In this last resort, the spouse has the option to keep the publication going for two weeks in standard divorces. Postal AddressIf the first attempt to have the divorce petition papers fails, the spouse can send the documents in the post office mail to a P.O. Box or directly through the mail such as a certified letter. Reasonable measures are necessary first before seeking publication. However, this can lead to nearly anyone serving the paperwork to the other spouse to start the divorce process. This can even include anyone over eighteen that qualifies. If that fails, the individual can hire a private detective to help with this situation and ensure that the other spouse takes the papers at some point. Using a Third PartyIf the other spouse is dodging service papers, the one seeking the divorce may need to become creative. This may lead to hiring a third party to serve the papers as a person involved in his or her life at least momentarily such as a co-worker or someone the individual sees daily. With a third party, papers served will usually occur with several witnesses that require a receipt of the served documentation. If this does not work, the spouse has other options that may become necessary to include the last resort of using a publication to provide notice of the divorce. Hiring a Private DetectiveIf the other spouse is unable to find the husband or wife, it is often possible to hire a private detective to accomplish this and ensure he or she receives the papers for the divorce. Then, there is also verifiable evidence of the served documentation. This can cut out the need to publicize the notice of divorce and also give the person the needed photographic or video evidence to the judge presiding over the case. This can cut out any other last resort methods and cut down the time involved in the last procedure in serving the notice. Satisfying the CourtIt is important to satisfy the judge to ensure that the process of divorce proceeds properly. This court authority will want to know what notice was given about the case to progress to the next step. He or she will usually provide a default judgment in these situations when the other party does not respond or attend the case. The petition of the divorce is often then granted as is without any changes because the other spouse does not counter it or arrive in the courtroom to refute the action with this party. The Attorney in the Divorce StagesThe attorney is necessary from all levels of the divorce case. He or she can explain what stage to go to next, what to do and how to proceed with the petition and the judge. He or she will present the case and explain the details of the goals that the spouse wants to accomplish. The lawyer can also help with finding other professionals for hire with these processes. Spouse Won’t Accept Divorce Papers?When your partner does not sign divorce papers, what happens next will depend on the details of your situation – and, more specifically, whether your partner can be located and/or whether your partner contests the divorce. Serving Divorce PapersOne of the initial steps of a divorce is serving a Complaint for Divorce, also called divorce papers. The complaint initiates the divorce by explaining who the parties are, asking for property, asking for support, and requesting other relief. The complaint is the paper declaring to the other person they are being sued. In all legal sense you are suing your spouse for a divorce. Along with a complaint, most divorce papers consist of a summons, and joint preliminary injunction. The summons is the legal paper signed by the court noticing the defendant there are being sued and have 20 days to respond. The Joint Preliminary Injunction (JPI), explains you cannot incur community debts or dispose of community assets without the permission of the court. Your spouse will only have 20 days from the date received to respond to the filed divorce papers. To ensure the papers were properly received, the court will not allow you to simply hand the documents to your spouse. Imagine how many people would say the papers were served when in fact, they weren’t. To keep everyone honest, the divorce papers need to be served according to Rules of Civil Procedure (RCP). Hiring a Process ServerRCP requires the divorce papers to be served by an independent person over the age of 18. Law firms hire process servers to handle this task. Process servers are people who serve court papers as a course of business. You may also use a constable, but they are more expensive and typically take longer. Normally, the process server will serve the divorce papers to your spouse’s last known legal residence, or in person to your spouse whenever possible. If the process server attempts all methods of service, and documents these steps then a divorce lawyer can ask the court for your spouse to be served by publication. Serving Divorce Papers When a Spouse Cannot Be LocatedIn some cases, divorce papers won’t be signed because a partner moves and cannot be tracked down. When this occurs (and when reasonable efforts to track down the person are unsuccessful), a request can be made to a family court judge to publish the Summons in an effort to notify the Defendant (i.e., the spouse who cannot be located) about the impending divorce action. This publication can occur in any “newspaper of general circulation,” and the notice must be published at least once a week for a minimum of four weeks. You will need to run a notice of intent to divorce in a newspaper located in the city of the last known address of your spouse. There is a typical newspaper in almost every metro city. You will need to run this notice for about a month. The newspaper will send you a notarized statement after the publication. This notarized statement is filed with the court to satisfy the service of papers. With this, the timer for your spouse to respond to the divorce papers will start. Next, one of two things can happen. The first is your spouse responds by filing an answer. If this happens, then the standard divorce process unfolds. The second, is your spouse doesn’t respond within 20 days. If after the 20 days your spouse has not responded you may request the court to issue a “Default.” A Default means that the spouse does not object to the request for a divorce, nor do they object to the terms you have requested. A default divorce is not absolute victory, because your spouse has six months to ask the court to set-aside the default. But, a default is a strong position to be in. Setting aside a default is not always easy. When a Spouse Can Be LocatedIf a spouse can be located and (s)he refuses to sign the divorce papers, then: That spouse will have to be served with a Complaint for Divorce, which will provide 21 days for that spouse to respond to the complaint (these are consecutive calendar days, not business days). The court will then usually schedule a case management conference to give divorcing parties the opportunity to try to resolve the issues of their divorce without a trial. If the case management conference cannot resolve the issues of the divorce, a trial will be scheduled for the case. If you know your spouse’s post office address and that his or her mail was being picked up from that box, then failure to attempt service by mail will prevent the court from allowing service by publication. The court will require proof that the respondent cannot reasonably be served personally or by mail and may require that a search of databases (such as voter registration rolls) be conducted. A search of databases often requires the assistance of a private investigator. Should the court be satisfied that the respondent cannot be served by mail or in person, the court will order the summons to be published in a named California newspaper or, if the party resides out-of-state, in a named newspaper elsewhere. The summons is published once a week for four consecutive weeks and service is considered complete on the last day of publication. Once service has been completed, the respondent will be deemed served. If the respondent spouse fails to respond within the 30-day requisite period, then the petitioner spouse can proceed with the divorce without the respondent’s input. What If A Spouse Doesn’t Respond To A Divorce PetitionWhen a person files for divorce, the other spouse is served with the court papers by a qualified process server. The spouse who receives the divorce papers has a limited period of time in which to respond to the petition for divorce. The responding spouse must provide an answer to the court, providing required information and appropriate legal paperwork. If one spouse doesn’t respond to a divorce petition, this does not mean that the dissolution of marriage will not go forward. However, a failure by the served spouse to respond to the paperwork can slow down the divorce process, make it more complicated to end the marriage, and leave the non-responding spouse without a say in how marital assets and custody are divided. Failing to respond to a divorce petition is a big mistake and everyone who receives papers from a process server should be sure to respond appropriately and on-time. What Happens When A Spouse Doesn’t Respond To A Divorce PetitionIn some cases, one of the two spouses will try to be non-responsive in order to slow down the process of ending the marriage. For example, a husband or a wife who does not want the divorce to go through may be late in submitting paperwork or requested documents to the court. This delay tactics can lead to legal consequences. It may be possible for the spouse who is willfully late in responding to be held in contempt of court. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post What If My Spouse Evades Service Of Divorce Papers? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
What Happens If I Don’t Pay My Alimony? What Happens If I Don’t Pay My Child Support? What Happens If My Child Turns 18 But My Ex Still Owes Child Support? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-if-my-spouse-evades-service-of-divorce-papers/ The bеnеfitѕ to divоrсе mediation, аѕ аn alternative tо litigаtiоn, аrе mаnу. Firѕt аnd fоrеmоѕt, mеdiаtiоn hеlрѕ рrеvеnt your family frоm bеing tоrn араrt in thе process оf divorce. Juѕt bесаuѕе уоu аnd уоur ѕроuѕе hаvе decided tо divоrсе doesn’t mеаn that уоu hаvе tо go to wаr, уеt litigаtiоn, by itѕ vеrу nаturе, iѕ designed tо bе аn adversarial process. You hirе a divorce attorney, your spouse hirеѕ an attorney, аnd suddenly уоu hаvе lawyers оn thе сlосk, involved in аnd billing fоr еvеrу single iѕѕuе – mаjоr аnd minоr. Inаdvеrtеntlу, уоu find уоurѕеlf fighting аbоut iѕѕuеѕ thаt соuld hаvе been еаѕilу settled thrоugh mеdiаtiоn, and уоu’vе lost соntrоl оf thе рrосеѕѕ. Mеdiаtiоn, оn the оthеr hand, is a рrосеѕѕ оf реасеful соmmuniсаtiоnѕ, whereby уоu аnd your ѕроuѕе express whаt уоu wаnt during fасilitаtеd mееtingѕ, liѕtеn tо еасh other, аnd соmе tо аgrееmеntѕ. Thеѕе agreements саn bе about parenting timе, money, personal itеmѕ, ѕроuѕаl support, division of property, сhild care аrrаngеmеntѕ, аnd anything еlѕе thаt nееdѕ tо be resolved. Thеѕе аgrееmеntѕ аrе written up аѕ a “Memorandums оf Understanding,” аnd thеу’rе filеd with thе соurtѕ аѕ part of уоur divоrсе. Iѕ a Mеdiаtоr аn аttоrnеу?Mediation iѕ a ѕkillѕеt untо itself and iѕ also аn unregulated fiеld. thuѕ a mеdiаtоr аrе оftеn аn аttоrnеу оr nоn-аttоrnеу (finаnсiаl ѕkillеd, mеntаl hеаlth ѕkillеd, etc.). Some аttоrnеуѕ or rеtirеd judgеѕ fееl thаt attending ѕсhооl оf law provides thеm thе аbilitiеѕ they need ѕо as tо apply mеdiаtiоn thus thеrе аrе mеdiаting attorneys оut thеrе. But whereas they may have a grаѕр оf the lаwѕ, thеу mау or mау not have knowledge tо bе a gооd, nеutrаl mediator. Lаwуеrѕ аlѕо may nоt hаvе thе finаnсiаl acumen needed tо rеѕоlvе thе mаnу соmрliсаtеd finаnсiаl mаttеrѕ ѕurrоunding divоrсе. The best mediators are professionally trаinеd in mediation, tоtаllу nеutrаl, undеrѕtаnd thе issues, аnd аrе also еxреrtѕ in rеѕоlving thе соmрliсаtеd finаnсiаl mаttеrѕ surrounding thе divоrсе рrосеѕѕ. There iѕ no dеmаnd thаt a mеdiаtоr be an аttоrnеу аnd in fасt, ѕоmе оf the most ԛuаlifiеd mediators are nоt lawyers аt all. Additionally, when a соuрlе uses divorce mеdiаtiоn, lаwуеrѕ аrе nоt аlѕо needed at any рurроѕе in their unсоntеѕtеd divorce unless еithеr/bоth ѕроuѕеѕ prefer tо invоlvе them. That produces mеdiаting a dесеnt орtiоn fоr thоѕе thаt wоuld likе tо divorce without lawyers. Divоrсе Mеdiаtiоn vѕ Divоrсе Lаwуеr: Which Shоuld Yоu Chооѕе?Liѕtеd below are ѕоmе gооd rеаѕоnѕ tо choose mеdiаtiоn vѕ lawyers for divоrсе. Uѕе Divоrсе Mеdiаtiоn vs Attоrnеу Whеn: Yоu want whаt’ѕ bеѕt fоr уоur children. Far аnd аwау, thiѕ is firѕt on the liѕt оf the mаnу bеnеfitѕ of divorce mеdiаtiоn. Aѕ a раrеnt, уоu аlrеаdу knоw that divоrсе iѕ tough оn you. But it’ѕ еvеn tougher оn your kids. Sо bу diѕсuѕѕing thе iѕѕuеѕ аѕ раrеntѕ, inѕtеаd of litigаntѕ, уоu саn оutlinе the tеrmѕ оf your ѕеttlеmеnt including timе ѕhаring and child ѕuрроrt ѕо thаt they аrе fосuѕеd оn whаt’ѕ trulу best for уоur сhildrеn. Yоu wаnt tо kеер thingѕ peaceful. Evеn hаррilу mаrriеd соuрlеѕ аrguе occasionally, ѕо it’s nо surprise thаt divorcing ѕроuѕеѕ fight. Yоu wаnt to ѕаvе mоnеу.Attоrnеу rеtаinеrѕ rаngе frоm $5,000 tо $10,000 реr реrѕоn. So if уоu work with lаwуеrѕ, right оff the bаt уоu’rе lооking at ѕреnding a minimum оf $10,000 to $20,000 for уоur divоrсе. And еvеrуоnе knows thаt’ѕ juѕt thе beginning. Thе соѕt of divorce only gоеѕ up from thеrе, еѕресiаllу if thеrе’ѕ disagreement оn аnу of thе issues. But if уоu uѕе mеdiаtiоn, уоu саn save thоuѕаndѕ оn your divоrсе. Yоu dоn’t wаnt уоur divorce proceedings tо drаg оn fоrеvеr. When you look аt the сhоiсе оf a divorce mеdiаtоr vs аttоrnеу, mеdiаtеd divorces tаkе ѕignifiсаntlу lеѕѕ time. In mediation, аll соmmuniсаtiоnѕ tаkе place in real time ѕо аnу disagreements саn bе diѕсuѕѕеd аnd rеѕоlvеd right thеn аnd there. Instead оf waiting tо talk tо уоur lаwуеr about a topic оf diѕаgrееmеnt аnd thеn waiting dауѕ оr weeks fоr уоur lаwуеr to writе a lеttеr tо thе оthеr side аnd thеn wаiting dауѕ оr wееkѕ fоr a rеѕроnѕе. If уоu want tо complete уоur divorce in months instead оf уеаrѕ, mеdiаtiоn iѕ the wау to go. Yоu wаnt a high lеvеl of соntrоl over уоur settlement agreement. Mediation аllоwѕ you and уоur husband оr wife tо diѕсuѕѕ and rеѕоlvе аll iѕѕuеѕ that реrtаin to your раrtiсulаr ѕituаtiоn. And your аgrееmеnt саn аlѕо bе сuѕtоmizеd to уоur ѕресifiс nееdѕ. Thе twо оf уоu will bе fullу empowered tо make educated decisions that аrе right fоr уоu. And уоur divorce settlement will bе fair to bоth оf уоu bесаuѕе уоu’ll both hаvе dirесt inрut into сrаfting itѕ tеrmѕ аnd соnditiоnѕ. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Divorce Mediator VS Attorney first appeared on Ascent Law, LLC.
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Who Determines The Custody Schedule Will I Get My House My Car And My Properties After Divorce? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/divorce-mediator-vs-attorney/ Parents that still owe child support after the child turns 18, should continue to make child support payments. This is because, even when the child support obligation ends, child support arrears do not go away. The child support payments made after the obligation ends will go toward paying off arrears owed. The payor parent may even be able to petition the court to have the monthly payment lowered as the full monthly payments made would be going straight toward paying off the arrears total. In Utah, there is no statute of limitations on collecting child support arrears. It does not matter how old the child is, even if the child has become a full-blown adult. Child support arrears remain until paid. This is not true in every state, but it is true in Utah. In some instances, even the death of the parent will not release him or her of the obligation to pay child support arrears. The other parent can make a claim against the obligor parent’s estate if he or she dies with unpaid child support still owed. It is important to note, however, that just because there is no statute of limitations in place on child support arrears does not mean that you should wait to take action. Delays in seeking collection of past-due child support may provide the delinquent parent with possible defenses to any claim to arrears you may seek later on. Laches, for instance, may apply. A laches claim means that the delinquent parent is asserting unreasonable delay in you making your claim to child support arrears. There are several ways you may be able to collect back child support and the Utah Department of Revenue may be able to assist you with this. The Utah Department of Revenue is authorized to carry out a wide array of actions in order to get payment on back child support. Collection efforts may include: Will Child Support Still Be the Same If the Child Turns 18 and I Still Owe Arrears?Child support provides for the costs of raising your child until they reach the age of majority, or adulthood, in your state or until they meet other court-established requirements, such as completing high school. Typically, child support ends at that point, but if you are behind on your child support payments to your child’s other parent, you must continue making payments to make up for the amounts you did not pay, called arrears, until you fulfill your obligation. Child Support BasicsCourts frequently include child support requirements in divorce decrees. When a judge orders a noncustodial parent to pay child support to the child’s custodial parent, the intention is that the money be used to pay for the child’s care and support. Common uses include necessities such as shelter, food, clothing, and medical care as well as the costs of childcare, school and educational costs and fees, activities, entertainment, travel, and more. Payments in Arrears vs. On-Time PaymentsYour divorce decree or separate child support court order defines specific child support requirements. Typically, child support ends when the child reaches the age of 18 and finishes high school, although in some states or under some court orders, it continues through a child’s college years. If you make your payments on time, your obligation ends when your family’s situation meets the requirements described in your divorce decree or court order. In some states, child support not paid on time is subject to interest and late payment penalties. So, the amount you owe your child’s other parent may be greater than what you originally owed. Statutes of LimitationsChild support laws are state specific. Some states’ laws include statutes of limitations for late child support payments. That means that your child’s other parent cannot collect child support in arrears after a certain point. In many states, this limit is 10 years after the due date for the last child support payment. So, if your child support should have ended when your son or daughter turned 18, your child’s other parent only has until your child’s 28th birthday to collect child support in arrears. If you owe child support in arrears and your child has reached the age of majority or another milestone specified in your child support order, the debt is still valid. Sometimes, parents pay child support in arrears long after the child reaches adulthood. Collecting Back Child Support After the Child Turns 18Just because your ex missed a child support payment doesn’t mean the obligation goes away. Like any financial obligation, the amount you’re owed will accumulate and your ex will still be responsible for making back child support payments. Emancipation and ArrearsThose who are late making child support payments are said to be “in arrears.” As noted above, this debt does not go away, even after the child turns 18. So even though the child has reached the age a majority, the payments that should have been made before he or she turned 18 are still enforceable after that. Keep in mind that state laws can vary a little on this issue. For example, some states cut off child support at 18, some at 19, and others at 21. (And some dismiss child support obligations if the child has been “emancipated.”) Also, some states and courts may modify child support obligations after the child turns 18, since the custodial parent no longer needs to support the child. Even with these differences, however, the rule is that child support payments must continue until the arrears balance is paid in full, regardless of the child’s age. Enforcement ActionsStates and the federal government are pretty serious when it comes to enforcing child support orders. Enforcement officials can withhold or revoke driver’s licenses or passports, garnish wages, seize tax refunds, place liens on property, or even sentence a delinquent parent to jail time. These enforcement measures can continue after the child turns 18, and most states do not allow child support obligations to be discharged in bankruptcy. One thing to keep in mind is that some states may have statutes of limitation on collection of back child support, so may only have a limited time to collect after your child turns 18 or you may have to go back to court and renew the child support order. Child support collection can be complicated, both legally and emotionally. If you have questions regarding child support obligations or are having trouble collecting back child support, you should contact an experienced family law attorney in your area. How Can I Reduce my Child Support Debt?If you owe child support arrears to the government because your child received public assistance (“welfare” or foster care), you may qualify for one of Utah’s arrears reduction programs. Child Support Debt Reduction ProgramThe Child Support Debt Reduction Program is a Utah program designed to help you reduce the child support debt you owe to the government. If you qualify for this program you will be allowed to pay off your debt for less than the full amount owed. You may qualify for this program if you are able to pay both your current child support obligation and an ongoing debt payment. If you don’t owe child support, only the ability to make the debt payment is considered. Your current income, assets, and cost of living are all taken into account, as is the total size and makeup of your family. Every case is different, and these are very general items for your review. Other details of your case may also affect your eligibility. What the Debt Reduction Program won’t do: Some rules: Compromise of Assigned Arrearages-Family Reunification (COAA-FR) programUtah has adopted the COAA-FR program to help bring parents and children placed in out-of-home care back together. This program allows the compromise of child support arrears owed to the government when a child who was placed in foster care, or with a relative caretaker or guardian, later returns to the home of a parent who was ordered to pay support. You may qualify for this program if: How to Get Child Support Arrears Dismissed in UtahChild support arrears refer to the amount of child support owed that a parent has failed to pay. Although failure to pay child support arrears can result in negative outcomes for a parent/guardian, it is possible to work with Utah courts to have owed amounts lessened or waived. Here’s how to get child support arrears dismissed in Utah. Consequences of Failing to Pay Child Support ArrearsIf a parent or guardian has failed to pay child support arrears, they may face serious consequences. These include but are not limited to: Child Support Arrear Forgiveness in UtahAlthough the consequences are severe, child support arrears can be forgiven in the State of Utah. There are multiple ways in which a parent can have their child support arrears waived or forgiven: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post What Happens If My Child Turns 18 But My Ex Still Owes Child Support? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
What Happens If I Do Not Sign The Divorce Papers? what Happens If I Don’t Pay My Alimony? What Happens If I Don’t Pay My Child Support? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-happens-if-my-child-turns-18-but-my-ex-still-owes-child-support/ |
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