An Equitable Division of Property In Utah divorce cases the trial court is tasked with dividing all marital property in an equitable manner. An equitable division means a fair division. This means that the court will consider each of the parties’ contributions to the marriage and their circumstances at the time of the divorce. Newmeyer v. Newmeyer, 745 P.2d 1276, 1278 (Utah 1987).…
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Alimony: How Utah Courts Determine A Self Employed Spouse’s Income?
Closely Held Corporation, LLC’s, and Sole Proprietorships A lot of people have made a lot of money creating and running their own businesses. Likewise a lot of people have lost a lot of money trying to do the same thing. In most small businesses where there is only one owner (usually as a closely held corporation, a sole member LLC,…
How do I File a Divorce Petition in Utah?
You may be thinking about starting the divorce process on your own without an attorney. If so, we’d like to run you through the steps of filing a divorce petition, in hopes of making your work a little easier. Steps for Filing a Divorce Petition 1. The first thing you will want to do is visit the Utah courts’ online…
Infographic – The Utah Divorce Process
The Utah Divorce Process
Custody Factors in Utah | Salt Lake City Divorce Attorney
Not surprisingly, custody is often the most contentious issue in a divorce. Many parents enter divorce proceedings without fully understanding the divorce laws in Utah regarding custody. In Utah, there are a number of factors the Judge will consider in awarding sole custody to one parent, joint custody to both, or some type of modified custody arrangement. If you want to give…
Presenting Evidence in a Utah Divorce Case | A Tip from Salcido Law Firm
In Utah divorce cases, and other civil litigation for that matter, there various types of motions that can be filed for relief. The most common motion for family matters is the motion for temporary orders. Temporary orders permit a client to get relief that can last throughout the proceedings until a final divorce decree has been entered. Common relief sought…
Motions for Contempt in Utah Divorce Cases
From the beginning of a contested divorce case in Utah the chances are that one or both parties will not like what the other party is doing. The court gets involved to establish some ground rules and puts in place temporary orders and then ultimately a final divorce decree. The order governs the parties’ actions. Although a party may not…
90 Day Waiting Period Becomes More Concrete in Utah
What is the Utah 90 Day Waiting Period? Utah has an interesting law. It requires that divorcing couples wait 90 days before the divorce can become final. Up until this year the 90 day waiting period was kind of a suggestion, not really a hard and fast rule. In fact, parties would file a motion to waive the 90 day…
Custody Evaluations and the Custody Evaluation Conference
In Utah divorce cases that involve hotly disputed custody issues, the court often orders the party to undergo a custody evaluation with a qualified individual who has specialized training in determining the best interests of a child. The Custody Evaluation When parties are ordered to do a custody evaluation they are also ordered to cooperate with the evaluator so that…
Roper v. Shovan – Recent Utah Civil Stalking Injunction Case
The Case Recently the Utah Court of Appeals issued a ruling in an appeal concerning a Utah civil stalking injunction. The case is Roper v. Shovan, 2013 UT App 124. In that case the court addressed whether the district court erred in issuing the injunction. An appellate court will overturn a district court’s decision in a civil stalking case only…