Entries by huntsman_admin

Should I Opt for a Prenuptial Agreement?

We often associate prenuptial agreements with the short-lived marriages of Hollywood stars, but nowadays many “regular” couples are choosing to sign prenuptial agreements. In 2013, 1,600 members of the American Academy of Matrimonial Lawyers were surveyed and 63 percent reported an increase in prenuptial agreements over the course of three years. The Pros of a […]

What is Custody?

In a divorce between two individuals who have children, custody will be determined. In Utah divorce law, there are two types of custodies. Physical and Legal. Physical Custody Utah defines physical custody as “where the children live”. This means essentially which parent they spend the majority of their time with, and most “overnights”. There are […]

Four Reasons to Get a Divorce Lawyer

Divorce is stressful enough Deciding to handle your divorce yourself is a decision bound to bring you unnecessary stress. Not only do you have to deal with the emotional trauma you or your children experience, but you also have to think unemotionally and make sure you are getting a fair deal in the actual divorce. […]

How Debt is Divided Up

  When thinking about how to divide assets and property, it is easy to overlook debt, and how it will be divided between the individuals. If both parties in the divorce are able to come to an agreement about how they will split their debt, the court will usually honor that agreement. However, if they […]

Contested and Uncontested Divorce

In Utah, there are two types of divorce; contested and uncontested. Both may be settled outside of court, and both may require the Court’s intervention. Contested Divorce This method is best for those not able or willing to come to some kind of amicable agreement over things like child custody, alimony, and property. It is also used […]

Before Filing for Divorce

Divorce can be an emotionally and physically draining process that lasts for a long time, and can be costly. Before you choose to follow through with a divorce, consider the following. Divorce is an event that takes place between a petitioner and a respondent. Some common issues that may need to be dealt with in court are child […]

How Property is Divided in a Divorce

In any divorce, both parties have property that must be divided. In Utah, the general rule for dividing property is equitable, not necessarily equal. There are two types of properties, both of which are divisible in some way: marital property and separate property. Marital Property This is property that belongs to the marriage, or in other […]

MODIFICATION OF ORDER

A Court enters an Order, sometimes called a “Decree”, after a trial or settlement. The terms of that Order become the law of the case. Property settlement, debt allocation, child custody, parent-time, child support, alimony, and other aspects of a divorcing party’s duties to each other and to the Court are thus established until further […]