Divorce and Family Law
Navigating a divorce can be a devastating and stressful experience, and the decisions made during this process can have long-term consequences on your future. Porter Law Firm is committed to providing compassionate and skilled representation for clients going through a divorce, with experienced legal backing that sets you up for a successful resolution.
Ogden, Utah Divorce Law
The state of Utah follows the “no-fault” divorce system, meaning that a divorce can be granted without the need to prove that one party is at fault. The grounds for divorce are irreconcilable differences, and in order to obtain a finalized divorce, the petitioner must prove that irreconcilable differences exist and that the marriage is irretrievably broken.
In other cases, a fault divorce may be pursued on the grounds that one spouse is the reason behind the breakdown of the marriage; this may include adultery, abandonment, bigamy, criminal convictions, cruel treatment, incurable insanity, or substance abuse issues.
Face Divorce With Our Help
With Porter Law Firm’s experienced attorneys on your side, you can confidently navigate the complexities of the divorce process, knowing that your rights and interests are being safeguarded by caring professionals. We understand the importance of achieving a favorable outcome in your case, and we are determined to make it happen. With representation through Porter Law Firm, you can face this tumultuous time with the peace of mind that comes with knowing you have a team of legal experts on your side.
Common Divorce Issues
Divorce proceedings can involve a range of issues depending on the specifics of the case, but some of the most common issues that arise include disagreements regarding:
- Property division
- Child custody
- Alimony or spousal support
- Child support
- Retirement benefits
- Tax implications
- Domestic violence or restraining orders
Contested vs. Uncontested Divorce
In divorce proceedings, a divorce can be contested or uncontested. A contested divorce means the parties cannot reach an agreement regarding the terms of the divorce. This may include disagreements on property division, child custody, and alimony. In these cases, the divorce will proceed to trial to be ruled by a judge.
An uncontested divorce means both parties have agreed on the terms of their divorce and have submitted documentation to the court for approval of the dissolution of their marriage. These divorces are generally faster to resolve and far less expensive.
Child Custody and Divorce Matters
When a couple with minor children divorces, the court will make a determination on child custody arrangements based on the best interests of the child. The court may award joint legal custody, which means both parents have the right to make decisions about the child’s upbringing, or sole legal custody, which gives one parent the exclusive right to make these decisions.
Child custody can be changed or modified at any time if the court determines that a change would be in the best interests of the child. In order to begin the process, one parent must file a motion to modify the custody arrangement with the court.
A paternity action establishes the parentage of a child. In most cases, this refers to biological parents that were not married at the time of the child’s birth and legal determination of the father’s identity and rights is required. This may include the right to visit and have a relationship with the child, the right to make decisions regarding the child, and the responsibility to financially support the child.
Division of Property and Allocation of Debts
The division of property and allocation of debts is typically done in an equitable manner. This means that the court will aim to distribute the marital assets and debts in a fair and just way, taking into consideration the contributions of each spouse to the marriage, the income and earning capacity of each spouse, and any other factors that the court feels are relevant.
Steps To Take Prior To Filing
If you are considering filing for divorce, it’s essential to prepare yourself. There are several critical measures to take before filing the paperwork, including:
- Gathering important and relevant financial information
- Considering your options, such as counseling or mediation
- Obtaining legal backing from a qualified divorce attorney
- Considering the children and the arrangements for them
Petition and Summons
In a divorce, the process begins with filing a petition and a summons. The petition is a legal document that states the grounds for the divorce and the relief being sought. The summons, on the other hand, is a legal document that informs the other party that a divorce action has been filed, providing them with a designated time frame to respond.
The purpose of alimony is to help the receiving spouse maintain their standard of living during and after the divorce. Alimony payments can be temporary or permanent, and may be paid in a lump sum or in regular payments. The duration and amount of alimony will depend on the unique details of your divorce case.
The Length of a Divorce
The length of time it takes to finalize a divorce or paternity action can vary greatly depending on several key factors, such as the complexity of the case and the responsiveness of the parties involved. An uncontested divorce can be achieved relatively quickly, whereas a contested divorce can be drawn out for months or even longer.
Obtain Expert Legal Guidance
If you are considering filing for divorce or have been served with divorce papers, it is critical to consult with an experienced attorney at Porter Law Firm to protect your rights and interests moving forward. Contact our firm today to schedule a consultation with a reputable family law attorney.