The Custody Order Governs In every divorce there is a divorce decree that governs the divorcing parties’ relationship after the divorce is final. For couples who have children the divorce decree will undoubtedly include a custody order. That order can be for joint physical custody or primary physical custody to one party with the other party having parent time. The…
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Divorce and Family Law
Parental Alienation
Parental Alienation occurs when a child rejects a parent or expresses unjustified hatred toward a parent, not as a result of anything the alienated parent has actually done, but as a result of the other parent’s negative influence on the child. Unfortunately, as Utah Divorce Attorneys we can tell you this happens often when couples are wrapped up in lengthy custody disputes.…
Divorce and Working Towards Your Children’s Best Interests
We speak with many people each week who are just beginning the divorce process who are concerned with their custody rights but have not yet thought to ask themselves one very simple question, “What will be in the best interests of my children?” May we suggest when it comes to custody, parent time, child support, child health care, and anything…
Duties of a Guardian in Utah | Utah Guardianship Attorney
When you are appointed as a guardian in Utah, you will be required to perform certain duties and will have several responsibilities for your ward. The “ward” is the legal term for the individual to whom you have been granted guardianship over. Generally speaking, as a guardian you assume the role of a parent over the ward. Additionally, unless a…
Determining Income for Purposes of Alimony and Child Support in Utah
Income’s Relation to Spousal Support and Child Support In most Utah divorce actions, especially divorces involving minor children, the Court has to have proof of the parties’ income so that it can determine what the child support and spousal support amounts should be. The income amount that the court considers is the “adjusted gross income” of the parties. To find…
Temporary Restraining Orders in Utah Divorce Actions
What is a Temporary Restraining Order? A temporary restraining order in a Utah divorce case is an emergency procedure available to a party who must get immediate relief. This most often arises in situations where one party is threatening to leave the state or country with the parties child or children. Another time it often arises is when one party…
Splitting Retirement Benefits in a Utah Divorce
The Woodward Decision and Its Formula In 1982 the Utah Supreme Court decided Woodward v. Woodward, which is the governing law of how retirement benefits are distributed in Utah. In that case the trial judge awarded the wife a portion of the husband’s retirement benefits which had not yet vested. The husband was a civilian employee for Hill Air Force…
Guardian Ad Litems in Utah Divorce Cases
Divorce Law and GALs The purpose of a Guardian ad Litem is to represent the interests of the children of divorcing parents. Guardian ad litems also serve the interests of children in other cases involving custody disputes such as terminating parental rights and child protective orders. GALs are tasked with doing what is in the best interest of the children…
There Are No Winners With Alimony Awards in Utah
There’s No Crystal Ball Without fail, divorce clients who walk through our door want to know what is going to happen with alimony. The spouse who makes less money obviously wants to know whether he or she is going to get enough money to cover all expenses and then some. The spouse who makes the money wants to keep as…
Decision Makers in Utah Divorce Cases
Unlike criminal and civil cases, domestic cases such as divorce, paternity, and child custody cases have two decision makers assigned to each case. Every such case has a judge, who is the ultimate decision maker, and a commissioner, who makes recommendations to the judge. Unless a judge overturns a commissioner’s recommendation, the recommendation is the order of the court. Commissioners…