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same name couple divorces

Same Name Couple Divorces

A couple by the name of Kelly Hildebrandt and Kelly Hildebrandt, filed for divorce after three years of marriage. Needless to say, they did not need to worry about changing their last names.

The Story of Kelly and Kelly Hildebrandt

The fact that they share the same first and last name is one of the reasons they got together in the first place, and it may likely be one of the reasons they decided to split up. Kelly Katrina, from Florida, ran into the Texan, Kelly Carl, after searching on facebook for people who shared her first and last name. Their relationship began long distance with emails and phone calls and then met face to face two months later. After some time, Kelly and Kelly became engaged and immediately their unique situation gained media attention.

Kelly Carl stated that he is unsure if his marriage was negatively affected by the media attention, but that he wouldn’t want a future spouse to deal with everything he had been through before. Ultimately, the couple stated their split was due to irreconcilable differences.

Divorce Cases in General

While this divorce case truly is one-of-a-kind, it is also true that every divorce case is unique. No two divorce cases are exactly the same, nor should they be treated that way. When it comes to getting legal advice, it is vital to seek experienced, committed and focused professional help. Getting legal advice from friends, family, or others who may have also been through a divorce is very risky. Every individual brings unique facts, history, and case circumstances to the court. Application of statutes, cases, and principles of equity requires skills and attention only a well-qualified and experienced attorney can provide.

The Huntsman Firm provides legal advice and representation in court to give you the options you need along with the assistance you are looking for. We focus exclusively on family and divorce law, and are committed to giving each case the attention it needs. We have the experience and knowledge to help resolve your case and give you the best outcome under the circumstances. To schedule a consultation, contact us today.

Fathers’ Rights in a Divorce

Due to historical gender roles where women were considered the primary caregiver, it is still most common for mothers to be granted primary custody instead of fathers. This gender bias often leaves many caring and involved fathers disconnected from their children. If you are a father going through a divorce, you should know that you have natural rights and responsibilities regarding your children during and after divorce. These rights do not need to be court ordered, they are guaranteed by the United States constitution and the laws of your individual state from the moment you became a father.

Unless a court rules otherwise, your rights as a father include the following:

  • Being an involved influence in your children’s lives, interacting and spending time with them
  • Loving and nurturing the children without harassment from the other parent
  • Deciding where your children will live
  • Participating in the parenting of your children
  • Access to your children’s school and medical records
  • Participating in children’s extracurricular activities
  • Custody, care and control of your children
  • Choosing your children’s school
  • Determining your children’s religious faith
  • Making decisions about your children’s medical and dental care
  • Following your own beliefs and parenting style without interference
  • Guiding and disciplining your children
  • Choosing what is best for the children

Along with these rights, fathers have the following responsibilities as a parent:

  • Supporting children
  • Providing food, shelter and clothing
  • Seeing that children receive appropriate medical treatment
  • Giving your children access to good schooling
  • Protecting children from harm and neglect
  • Fostering their relationship with the other parent
  • Giving them all the love, nurturing and encouragement you possibly can
  • Keeping in contact with your child
  • Doing everything within your power to keep your marital problems and negative feelings from impacting your child
  • Behaving in a manner that helps your child trust you

You have the same legal rights as your child’s mother before and during the divorce. As a father you have the right to stay in the home you share with your children. You also have the legal right to refuse to allow their mother to remove them from the home. No matter what your ex-wife wants, your right to father your children is constitutionally protected.

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.

Custody can be difficult, but is the result of what is in the child's best interest

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 three distinctions of physical custody.

  1. Sole physical custody

This does not mean one parent has the child or children 100% of the time. In Utah, if you are awarded sole physical custody, you will have the them for at 255 “overnights”. This means that the other parent will still be able to have 110 “overnights” with them as well.

  1. Joint physical custody

Each parent will have the child in their home for at least 111 “overnights” every year. This usually requires that both parents live in close proximity to each other and are able to have an open communication with each other.

  1. Split physical custody

Although rare, split custody is when the court splits children up to live with different parents. For example if a couple gets divorced and they have two kids, one will go with person A, and the other will go with person B. This doesn’t mean the kids will never see each other, it just means they have different permanent addresses.

 

Legal Custody

This type of custody refers to who has the right to make important decisions about the child. Until children are 18 years of age and considered legally adults, there will be plenty of things that need to be addressed by the legal guardian with legal custody. There are two distinct types of legal custody, and they function similarly to physical custody.

  1. Sole legal custody

Sole legal custody is essentially what it sounds like. The court may award sole legal custody to a parent meaning that one parent will be completely responsible for decisions on behalf of the child, and the other parent must defer to them.

  1. Joint legal custody

In this situation, parents must share the right to legal custody. The caveat being that a judge may give one parent the right to make specific decisions for the child, but grant the other parent the right of being the primary caregiver of the child.

This decision will be made by a judge in the best interests of the child.

 

Four Reasons to Get a Divorce Lawyer

Relying on a professional attorney is a necessity

  1. 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. Let a lawyer deal with the legal headaches that come with divorce. They will try to make your experience as pain-free as possible so you can focus more on the important things like taking care of your family.

 

  1. Lawyers are experts

Imagine you are in a plane with your pilot friend who wanted to show off his new flying skills. Suddenly he faints and you are the one in charge of flying the plane. Who would you want to be talking you through landing the plane on the radio? A pilot of course. In the same way, lawyers who have studied and prepared to advocate for years are the people you want giving you advice and guidance. They know the ins and outs of the law and will help you to understand the sensitive issues of your divorce from beginning to end.

 

  1. Little mistakes can have big consequences

If you handle your divorce on your own, there are quite a few risks you are taking. For example, If you accidentally overvalue or undervalue an asset when dividing up property, you may have just unwittingly scheduled more court time in the future to take care of it. Since divorce is a legal agreement, you have to be exact on everything and when you are going through a divorce, there is so much stress attached to it that you might miss little mistakes that will cause you more problems later.

 

  1. Lawyers move the process along.

Going back to lawyers being experts at the law, there is a huge amount of paperwork associated with divorce and you may not understand all of it or be able to fill it all out correctly because of the turmoil caused by the divorce–and life in general. If you accidentally fill something out incorrectly, you will most likely have to extend the courtroom time and allow the divorce process to drag on. Let the experts handle it to insure that your divorce moves as fast as possible.

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 words, the property that belongs to both parties essentially. This includes things like income earned after marriage, and any property acquired after the marriage. Property that is used to support the marriage in someway that started out as individual property of one party can also be classified as marital property.

Separate Property

This is property that wholly belongs to one party or the other. This can be anything that belonged to one party before marriage, or something that belonged to one party and kept separate throughout the course of the marriage. This can even include things like inheritances given to only one person, or gifts given exclusively to one person.

The most common property divided during a divorce are the home, jewelry, vehicles, and other personal property. Other property can include intangible financial items like income, shares in stocks, and retirement benefits. An important note is that any debt incurred by both parties during the duration of the marriage must also be divided. Marital property must be divided, and separate property will be retained by the respective party.

Utah judges have the benefit of considering several factors in deciding how the property will be divided. These factors considered are the length of the marriage, how the property was attained, the future of each person (who will be raising the children, where they will be living, etc.) and the background of both parties (education level and money earning potential) to name a few. Therefore, the property division may be unequal, but it will be equitable.

If you have any questions on the division of property or anything related to family law, or divorce law in general, don’t hesitate to call the Huntsman Firm at (435) 628-2846.

 

CHOOSE YOUR LAWYER WELL

In the old days, we duked out our differences. Then we hired surrogates to fight for us—Knights on white horses, perhaps. Now we hire lawyers as our surrogates.

If you are establishing parental rights, getting a divorce, seeking a modification, defending or enforcing a protective order, you will do better if you retain a competent lawyer to represent you. Downloading forms from the internet does not substitute for experienced, knowledge-based advocacy. Neither does following the “advice” of relatives, bar buddies, well-meaning friends, or other amateurs.

Here are  eight questions you should always ask a prospective lawyer before you entrust one with what is valuable to you:

  1. Are you licensed and in good standing with the state bar?
  2. Do you have any history of discipline by any state bar?
  3. Did you graduate from an accredited law school? Where?
  4. Do you carry errors and omissions (i.e. malpractice) insurance? For how much?
  5. What is your hourly rate, initial retainer, and how do you determine billings?
  6. Will you respond to my reasonable inquiries within one business day or as soon thereafter as is possible if it is impossible or impractical to so respond?
  7. Do you focus on family law, or are you a “jack of all trades”?
  8. How long have you been practicing law? How much of that time has been devoted exclusively or primarily to family law?

With these questions you can usually separate the good attorneys from the hustlers before you lose a deposit or get your case so screwed up that it will cost you extra even to get back to square one, if that is even possible.

Always:

  1. Hire an attorney with no bar discipline record.
  2. Hire an attorney who refuses to guarantee a specific outcome. Those “guarantees” don’t exist.
  3. Hire a properly licensed attorney who focuses solely on family law.
  4. Hire an attorney with at least 10 years experience in the practice of family law.
  5. Hire an attorney who is responsible enough to maintain a solid errors and omissions policy.
  6. Insist on a written contract of retention with clear and understandable terms. Don’t ever fall for the old “Give me a thousand dollars and I’ll do your case” ploy. Too often the $1,000 disappears and your case stagnates.
  7. Insist on one business day or less for response to your inquiries, and copies of everything generated or received in your case.

At THE HUNTSMAN FIRM, we strive to represent you well, effectively, and with full disclosure.