How You Can Make The Divorce Process Easier With The Ault Firm?

How You Can Make The Divorce Process Easier With The Ault Firm?

How you can make the divorce process easier with the Ault Firm?

Every divorce is different. However, most people divorcing have the same goal: become free from the bonds of marriage.

As a process, it is very exhausting and complicated and takes a lot of time to solve and end. In Utah, divorce lasts usually up to one year. There is a quick way to get divorced, but it is based on many factors and on the fact that two people divorcing have to agree on literally everything. That is why most divorces last around 6 months to one year; you simply cannot get two people to agree on everything.

However, with the help from Salt Lake City Divorce Attorney, the divorce process can be speeded up. Here are some of the reasons why you should hire the Ault Firm and ways they can help you improve and speed up your divorce process.

Understanding Your Rights

The first and the most important thing about every divorce is understanding your full rights. This involves everything, from alimony to child support. Once you are fully aware of what you can do and what you cannot do, you should have a vivid picture of the things you should avoid.
Also, you will receive constant guidance from highly experienced attorneys. They will try and help you avoid most common mistakes and understand the consequences if you already made these mistakes.

History Of Violence?

If there is a history of violence in your marriage (or out of it), the attorneys can step in and help the victim get the most out of the divorce. The state of Utah has very little to no-tolerance towards family violence and will take any records of it into account when deciding the terms of the divorce.

Negotiating The Terms of Divorce

When you sign the divorce papers, expect to be contacted by your spouse’s attorney. This can happen at any time and may catch you off guard. For that reason, you should consider the Ault Firm’s finest attorneys as your representatives in your divorce. Let them handle the negotiations on your behalf, ensuring that your best interests are prioritized. Before making any decisions, they will consult with you first. It is a much safer option, rather than negotiating the terms of your divorce on your own.

Child Custody

Fighting to keep your children? Rest assured that the Family Law Attorney will do everything in their power to help you get the custody of your children. One thing you should keep in mind is the fact that the court takes into consideration what is best for the children before they award custody. The attorney can help you by presenting evidence which supports you as the prime caregiver.

In addition, the attorneys can help you with the child support and alimony, and even with spousal support. Be sure to give them a call before you sign the divorce papers or as soon as you do sign them, to maximize your odds of getting the most out of your divorce.

 

What Custody Options Are Available to Parents in Utah?

What Custody Options Are Available to Parents in Utah?

Joyful father having fun with his little daughter at home
For all freshly divorced and those about to divorce in the state of Utah, the same problem awaits: what custody plan to choose and how to deal with the child support?

 

Since the chances of getting divorced are approximately 50 percent, that means that every second married couple will end up having to deal with the post-marital “issues”. Besides dealing with the asset and property division, the now ex-couple has to deal with the custody.

 

The most common question we get is what are the available custody plans in Utah. Listed below are some of the most common ones, and their pros/cons.

 

Joint Legal

If ordered by the court, both parties will have the ability to make legal decisions over the child. However, when two parties are in conflict, who gets the final word? Most people don’t know that there is a simple “trick” within the Utah Code, one that states that “Whoever has the child for the majority of the time gets to make all legal decisions and deal with the legal custody issues.”

 

The court will assign both parents a certain amount of time they will spend with the child every year.

 

Similar Option is “Joint Physical”, but it works a bit differently and both parties have joint physical custody.

 

Split Physical

If the two spouses have more than one child, the court could determine that it is in the child’s best interest to be with a father/mother. This way, one child may end up with a father, while the other child may end up living with the mother. Again, it all depends on the circumstances of a divorce and what is in the child’s best interest.

 

If you are (or already have) filled for a Divorce in Salt Lake City, we advise you to seek legal counsel. It is the only way that you can learn more about the child custody and know exactly what to do and in what situation. You will be offered a chance to schedule a free consultation in order to learn everything about the legal issues of divorce, and how to deal with them. Don’t hesitate to call today.

 

Sole Legal and Sole Physical

A Sole legal parent with a primary physical custody of a child has every right to bring important decisions concerning the child’s health, education, welfare, religion, residence, and daycare. This parent has the authority to make any legal decisions concerning the child. The non-custodial parent has no right to interfere but has the right to be informed of what is happening in the child’s life.

 

On the other hand, Sole Physical custodial parent is the one who received 255 or more days every year with the child. The other parent (non-custodial) gets to spend approximately between 86 and 110 days with the child, based on the court’s decision. This involves:
  • Every other weekend
  • One weekday evening each week
  • 2 of the holidays in a year
  • Four weeks during the child’s summer break
For more information about custody options in Utah, consult with our Child Support Attorneys today. The initial consultation is free, so don’t hesitate to get in touch.
Planning for Divorce When You Have Children With Disabilities

Planning for Divorce When You Have Children With Disabilities

Raising a child with special needs is very challenging. In addition to all the extra attention that the child requires, you also have to worry about medical costs and child support. When going through a divorce, you have to sit down with your spouse and discuss the future of your child.

What is best for your child’s sake? Once you answer that question, you and your spouse will know what to do. Here are a few things that will help you when planning for a divorce and being concerned about your disabled child at the same time.

Specialized Visitation

Your child will definitely need both of you to visit as often as possible. Regardless of your relationship with your spouse, you have to agree on a specialized visitation schedule. Create a plan and come to terms with your spouse. You are both doing this for your child’s benefit, and as difficult as it is, it is your responsibility.

Additional Planning

When going through a Divorce in Salt Lake City, if you have a child with disabilities, you have to consider the following:

  • Where is your child going to go to school?
  • Does the school support children with disabilities?
  • What kind of care will the child receive?
  • What kind of treatments will the child undergo?
  • Who will pay for the child’s support?

In addition to everything listed above, your child will require daily care, someone to take care of him/her on a daily basis. This includes:

  • Giving medication
  • Helping the child adapt to the new surroundings
  • Monitoring a child’s food intake and consistency

If you and your spouse do not plan on investing in a special private caretaker, taking care of your child alone will be more difficult than you can imagine. For that reason, you are going to need to craft a specialized visitation schedule, one that covers every hour of the child’s free time.

Full-Time Care

If you are going to speed your days taking care of your child, you and your spouse need to consider alimony. As a primary caregiver, your duty will be to ensure that your child visits the doctor regularly, goes to appointed treatments, and when the money is needed, you will have to secure it somehow. If your spouse does not feel like helping you with an alimony after a divorce, your only option is to speak with a skilled an experienced Family Law Attorney in Salt Lake City; call, schedule a free consultation and learn how you can obtain child support or alimony and what are your legal rights (in case you are to remain the child’s primary caregiver).

There are hundreds of things you have to take into consideration; the only way to do the right thing is to do everything in order to benefit your child’s health and condition. That involves being there for him/her, providing much-needed care and love. And if your spouse decides not to help you, use the legal way of obtaining his/her help.

How To Manage Financial Matter In Separation And Divorce?

How To Manage Financial Matter In Separation And Divorce?

If your marriage is falling apart, a separation may be in order. You and your spouse have a lot to talk about, discuss many things and help each other go through the separation process without starting a mini-war.

However, things are not always friendly, and couples end up fighting a lot, especially when talking about financial matters.

Dealing with this can be very frustrating and exhausting. The following tips will help you deal with your financial aspect during a separation or divorce.

Get professional help

If you and your spouse cannot find a common ground, perhaps the best option is to seek legal help. There are many professional counselors who will gladly help you get to the bottom of things.

A marriage counselor will help you and your spouse negotiate things, and most importantly, keep the room calm.

Talking with Divorce Lawyers in Salt Lake City may also help you get to the bottom of things. You will understand the costs of divorce, legal process and what it may benefit you to hire an attorney to represent you during a divorce.

Lastly, speak with a financial advisor. Get insight and learn about the ramification of divorce/separation. Both you and your spouse are supposed to be left in a good financial situation after the divorce.

Financial Matter In Separation And Divorce

A new budget?

Establishing a new budget is a great way to get through things during separation. Each side will be responsible for paying for own food and bills, or half of everything. However, when there are children involved, this gets a little complicated.

Who will take care of the kids? Out of which pocket will the finances come from? Who will pay for all of their needs and the extra bills?

This is something that you and your spouse need to agree on. It is your children after all, and it is only fair that both of you provide them with everything they need, together.

If one of you is earning less than the other, or if one of you lost the job and income, it is important to let everyone know during the separation process. When one side cannot enjoy the same luxuries during the time of separation, or after divorce, the court may assign the other party to pay for support.

Create your own bank account. Cancel any mutual ones, and cancel every credit card that both of you have access to. Protect yourself from any future debt, and create a separate checking account. Do this to ensure that the Separation goes as planned, without potential complications.

Division of assets

The final financial aspect is asset distribution. Who gets the house, the car, how are household items and assets divided?

Normally, after a divorce, everything is divided in two. If the house cannot be divided and a deal cannot be made, the best option may be to sell the house and share the profit.

This is the most important part of every divorce, and it is extremely important to have an attorney present to protect your best interest. Speak with one of our attorneys and get all the legal help you need.

If you and your spouse cannot reconcile, the best way is to move forward. Try and find common ground, protect each other’s best interests and the separation/divorce will be successful, without any negative consequences.

 

How Divorce Attorney can help change the alimony order after the divorce

How Divorce Attorney can help change the alimony order after the divorce

Have you settled your divorce? Are you happy with the outcome?

It is never easy going through divorce. Most of the time, it is complicated process, one that affects both parties involved. It is both time and energy consuming.

But what happens if one side is ordered to pay alimony after the divorce? Also, what happens if no alimony is set, but the circumstances have changed for one spouse who is now in need of financial help?

To help you understand how the process works, our Divorce Attorneys in Salt Lake City are willing to provide you a free consultation.

Here’s how alimony works

The rules of alimony vary from state to state. As a general matter, alimony is ordered to provide one spouse with financial support.

Basically, alimony is given to that spouse who is earning less money, or unable to work completely. It is decided at court, and the spouse which is unable to enjoy the same living standards he/she had while married, is given alimony as compensation. Both men and women can pay alimony.

Alimony.jpg

Alimony order can be either permanent or temporary; it can be paid indefinitely or on a limited basis after the divorce.

  • Permanent Alimony: Given to the spouse who will unlikely ever be able to make the same amount of income as the other spouse. When there is a large gap in employment or education, or if one party cannot work due to health issues, alimony is issued.
  • Temporary Alimony: It is issued to the spouse which has the potential, and who will be able to improve his/her total income when given the time to do so.

Changing the circumstances

Once the final decision has been made, not much can be done. If the alimony is given to the spouse who was unable to generate as much income or work at all, and that spouse starts working and generating income close to the one of the other spouse, things can change. This is classified as a “change of circumstances”, and it works both ways – if the person receiving the alimony starts generating income, or if no one received alimony but one side has difficulties finding a job and paying the bills or working at all, in both cases, a highly skilled Salt Lake City Divorce Attorney can help turn the tables.

Be sure to consult with one of our attorneys if you feel like there was a change of circumstances. You don’t have to provide your spouse with alimony anymore, or you may be eligible to receive alimony, depending on the situation you are in. Either way, seek legal help and find out your options.

Schedule a new hearing

After the divorce is final but the circumstances have changed, you can be brought back to court. A new hearing will be scheduled, and you will be required to attend. Terms may change, so prepare yourself for better or worse.

Have your circumstances changed?

A skilled attorney may affect the case even after the divorce. If you are the one in need of alimony, speak to one of our knowledgeable attorneys and they will help you receive proper help.

When Divorcing a Narcissist

When Divorcing a Narcissist

Some people are embarrassed to go to court because they feel they are exposing their private life. The truth is that most divorce cases will not end up in court. Only 5% of couples will actually go in front of a judge. Most of them come to an agreement otherwise it can be very costly. But what makes divorcees disagree? The narcissist approach to a divorce is generally the cause. Men generally struggle more with a Narcissistic Personality Disorder (NPD) than women. Although this condition can be treated, it might take a while before Mr. or Ms. Right decides to change. Contact a Salt Lake City divorce attorney if you are filing for divorce in Utah.

Dealing with the narcissist

Mental health professionals strongly advise to stay away from narcissists. These are not the kind of people that will treat you fairly. They will hurt your feelings and in some cases you will also suffer physical harm. Victims have a hard time to recover as narcissists can be quite manipulative and deceiving. They like to play mind games and always have an excuse for their unjustifiable behavior.

In it for the win

Divorce is an unfortunate event. However you put it, everybody loses something in the process. But this is not the way narcissists think. They are winners and they will do everything they can to win even if it means hurting someone along the way.  Narcissists can be charming and friendly at first but once they lose their charm they will come after you and you better run for your life.  A narcissist won’t sacrifice a thing. It’s all about him. This is the type of person that will have three affairs and still convince the judge his wife cheated on him. Forget about negotiating with a narcissist. It just won’t work. A good Salt Lake City divorce attorney will know what to do in these types of cases.

divorce-attorney

A player

Narcissists can mask their dark side pretty good. It’s difficult to spot their mistakes because in their eyes, they are perfect. These are the kind of people that will waste everybody’s time by making false accusations. It’s easier to blame others than being responsible for your mistakes. If you don’t have an attorney with you, a narcissist will definitely wear you down during the divorce process.

No feelings

Remember their focus is on them. His or her personal needs always come first. People are afraid to go to court because they worry about what others would say. But not for the narcissist. They will start World War III and try to win at all costs. There will be little or no agreement in child custody issues or any other divorce-related matters.

Act now

Never feel sorry for a narcissist. They will be fine. They always make sure their interests are fully protected. Think about your family and how they need freedom from such eccentric environment. If your ex-spouse is a narcissist, you will probably end up in court. The narcissist attorney can be furious as he or she will be instructed to take as much as possible from you. He will make you look bad in front of everyone unless you hire experienced legal representation to fight back. Without a Salt Lake City divorce attorney by your side you are simply in the hands of wolves.

New Legislation a Victory for Utah Disabled Parents Seeking Child Custody

New Legislation a Victory for Utah Disabled Parents Seeking Child Custody

There are few things more precious than the bond between a parent and their child. When it comes to divorce, child custody is one of the most complex issues. Among the most controversial involve disabled parents and their rights to child custody. Under present Utah law, disabled parents are considered less capable than those without handicaps. It can often become a huge deciding factor in child custody cases. On February the State Senate Committee approved a bill that would prevent judges from using a parent’s disability to rule against them in a child custody case.

family law

The bill (HB150) was introduced by state representative Patrice Arent (D-Millcreek) and reverses any presumption that requires judges to use disability as a reason to determine whether a parent can provide for their child’s emotional and physical needs. Among those who testified in front of the committee in Salt Lake City was Everette Bacon, who is the president of the National Federation of the Blind Utah. Bacon cited three divorce cases in recent years where one parent claimed the other was unfit for child custody due to blindness. Those same parents never mentioned blindness was an issue when the couples were married. The legislation was approved unanimously.

The plight of disabled parents often been overlooked. According to the National Council of Disability, there are currently 4.1 million parents in the United States with a disability. They currently make up 6.2% of all parents with children under the age of 18. Many face difficult odds when it comes to child custody cases. The organization cites the rate of disabled parents who have lost custody of their children. Nearly 13 percent of parents with physical disabilities have reported discriminatory treatment in their child custody cases. The highest removal rates occur with parents who are deaf or blind. Not only do disabled parents have a much higher risk of losing custody of their children, they also have greater trouble accessing reproductive healthcare and face greater obstacles adopting children.

A Salt Lake City Child Custody Attorney Can Help

The approval of Senate Bill HB150 is a positive step to end discrimination for disabled parents. Each divorce case is different. Although a physical disability can present some limitations, there are countless handicapped who are more than capable of taking on the role of responsible parents. Because child custody can be a delicate and complex issue, it is important to seek representation from an experienced and knowledgeable attorney with a track record of protecting the rights of clients and looking out for their best interests.

Salt Lake City divorce attorney Christopher M. Ault has successfully represented men and women with some of the toughest family law issues. He and his legal team at The Ault Firm understand the challenges and obstacles many in the disabled community face on a daily basis. To learn more on how a Salt Lake City child custody attorney can help, contact The Ault Firm today and schedule a consultation to discuss your case with a highly-trained legal professional.