Starting the adoption process begins with understanding the requirements to adopt. So, what are the requirements to adopt in Utah? Adoption requirements in Utah include being 18 years of age or older. One may be married, single, or divorced, and a home study and in-home inspection will be conducted. Proper housing and personal space for the adopted child are required, as well as a background check for all adults in the home. Starting the adoption process in Utah begins with making the decision to adopt, understanding your options, and selecting your chosen adoption liaison to help you. You must meet the requirements, which most often mandates a background check as well as attending adoption classes. You may also want to take a look at names and contact information for adoption agencies in your area. If by chance it’s a stepchild you wish to adopt, you will want to read our article about adopting your stepchild in Utah. The process for adopting a stepchild is much less complicated than traditional adoption. Adoption Requirements in Utah• 18 years of age or older. The requirements to adopt a child vary by state. We have listed a few of the requirements to adopt a child in Utah below. For a full list of requirements, you will want to contact the state of Utah directly. Considering AdoptionPerhaps you have been unsuccessful with fertility treatments and cannot conceive naturally. Maybe you have an already-established family with biological children, yet you wish to extend your family. Or perhaps there are stepchildren involved that you wish to adopt as your own. Regardless of the reason you decide to adopt, there are so many things to consider. Today, many single parents choose to adopt without a partner. Let’s face it; there are times when we have not met that perfect match, yet our biological clock is still ticking. Or perhaps you prefer flying solo and do not feel you need a partner to raise a happy, healthy child. In today’s world, it is perfectly acceptable to adopt a child without a partner. How do you feel about adopting a child as a single parent? Have you discussed your decision with your extended family? Are they just as excited as you, or are they a bit apprehensive about you adopting by yourself? Making peace with your decision will help you focus on your journey toward adopting your child. One of the most difficult things to deal with is sharing your excitement with your extended family, only to be met with mixed responses that are not as favorable as you would have hoped. Remember though, that you have had much more time reaching your decision to adopt. Unless you have shared your day-to-day adoption ventures with your extended family, they may need some time to digest your adoption decision. Of course, you can go through the adoption process without family support, but having their support does offer much comfort during this exciting yet sometimes stressful time. Maybe they secretly had hoped to extend their bloodline. Perhaps they are concerned about the race and ethnicity of the child you adopt. They could be wondering about possible behavioral, emotional, and physical issues that can sometimes come with a child from a previously broken, unstable home. The most important thing you can do when sharing your decision to start the adoption process is to listen and validate their feelings. Give them some time to let the adoption news sink in. If telling your extended family in person makes you uncomfortable, one option could be to write a handwritten letter and mail it to them. This is a much more personal touch over and above what can be a cold-feeling email. This allows them to internalize your news, talk amongst themselves, and then circle back around to you after the news has registered. Child Adoption OptionsOne may choose to adopt either domestically, internationally, or through the foster care system. You will want to consider your options and decide the route you wish to take. Domestic AdoptionJust as domestic adoption implies, your child will be US-born. If you are holding out for a newborn, then you will want to follow the domestic adoption route. Although it is not impossible to adopt a newborn by other means, it is more unlikely. Domestic adoptions can be completed within a few months.You are apt to receive a more substantial medical and social history of the child you wish to adopt as compared to adopting internationally when medical history may not be known. Most birthmothers will know your first names, and many will have spoken to you on the phone or met you in person before the birth. This helps them get to know you, which builds trust and confidence in choosing you as the adoptive parents for their unborn baby. Whether you choose to adopt domestically or internationally, neither are more-or-less expensive than the other. Rough estimates are provided in this article, but those numbers vary widely and do not imply what it will cost you to adopt a child. There is no waiting list. You instead will put together a personal profile for the birthmothers to review, and they will determine who will adopt their baby. Your profile is a visual and written introduction that gives the birthmother a sneak peek into who you are as a family, so she can then have an idea of what it will be like for her unborn child. If you look young and have an active lifestyle, you are more likely to be chosen by a birthmother. International AdoptionAs implied, your adopted child will be internationally born. Choosing an international adoption means adopting an older child, but as young as an infant or toddler is possible. You will rarely receive family medical history when adopting from another country. Although, you would receive medical information for the child. There is a perceived advantage of being very far removed from the birthparents distance-wise. It is natural to have a secret fear that someday the birth parents and your adopted child will reunite. Although not impossible, this is more unlikely when adopting internationally. Whether you choose domestic or international, neither are more-or-less expensive than the other. When adopting internationally, the cost of travel is likely to significantly add to the overall costs. Internationally, the costs of adoption can vary based on which country you adopt from. You will be put on a traditional waiting list, which is very different when adopting a child domestically. There are age limitations in some countries, which may make you ineligible from being able to adopt. Other factors such as how many times you have been divorced, as well as how long you have been married could affect your chances for international adoption eligibility. Foster Care AdoptionThere are over 100,000 children in the foster care system desperately in need of a forever home. Your chances of adopting a newborn drop significantly when adopting through the foster care system, although it is not unheard of. Foster care provides a safe refuge for children who have been removed from their biological family home due to some sort of trauma they have experienced. The State in which they reside puts the children in temporary custody, while the biological parents complete individualized requirements to earn back custody of their children. The ages of foster children available for adoption are between infancy and 21 years of age. The Fostering Connections Act allows states the option to continue providing care for a child up to the age of 21 if they are attending school, working at least 80 hours per month, or suffering a medical hardship. A bit more than half of all foster children are returned to their biological parents. The children remaining in the foster care system are many times adopted by their relatives or their foster family. Foster care adoption is similar to other types of adoption concerning the paperwork, requirement obligations, etc. Due to the trauma that all foster care children have been rescued from, it is important to be prepared for and understand the healing process that will follow. Continued counseling as well as working on personal issues is to be expected. The cost of foster care adoption is very minimal, if not zero out-of-pocket. This is another incentive for many adoptive parents to strongly consider adoption through the foster care system. Those wanting to adopt from the foster care system are strongly encouraged to first become foster parents. This is a wonderful way to access the compatibility between yourself and the child you are considering for adoption. Becoming a foster parent prior to adoption reduces the wait time to finalize the adoption process. That is a huge plus and a great incentive to put that foster-care-parent hat on first! How to Choose an Adoption Agency?If you have decided to adopt within the Utah, you will want to become familiar with the differences between local state adoption agencies and national adoption agencies. With so many things to consider, it is natural to feel a bit overwhelmed by the entire adoption process. It will all be worth it, though! National Adoption AgencyA national adoption agency represents all 50 states with offices all over the country and tends to be very large. Adoption costs tend to be more expensive due to their overhead of having employees spread out all over the Utah, which differs from local state agencies with fewer employees. You may be asked to satisfy more requirements due to other state adoption laws. It all depends on the state in which you are adopting in. There is naturally a larger selection of children to choose from with a national agency, as well as shorter wait times. Local Adoption AgencyLocal adoption agencies are smaller than national agencies, as they specialize in just one particular state. Many local agencies can still assist in finding children from all across the US and are not necessarily limited to selecting a child only from within their state. These agencies are less expensive than a national agency, as their employee base is smaller. You are apt to receive more personalized, face-to-face attention than you would a national agency. Local agencies are overseen by the state, which in turn means they have more accountability than other types of adoption agencies. Adoption FacilitatorsAdoption facilitators are independent businesses specializing in matching adoptive parents with birth parents. They are basically like a liaison between the two parties involved. These facilitators are not licensed adoption agencies. Facilitators arrange contact between the birth parent and the prospective adoptive parent. They are prohibited from using a photo listing to advertise children for placement. Adoption Wait TimesFor the future adopter, the wait can be the hardest part of the entire adoption process. There are some things you can do to distract yourself during this waiting process. Maintaining a positive attitude is by far the best advice I can offer you. Overthinking during this time of wait can cause future adoptive parents to exacerbate their fears and doubts, creating a vicious cycle of worry. Constantly thinking about adopting a child can be referred to as adoption obsession. This is very typical of an adoptive parent that has never adopted a child before. With that said, it is not unheard of for adoptive parents who are not new to the process to suffer this same obsession. Although putting a lot of time and thought into your adoption process venture is healthy and will help you become more educated, you do not want this obsession to get out of control! You may find it helpful to reach out to other adoptive parents who have experienced the same things that you are going through to share your thoughts, concerns, and excitement. What a wonderful way to get first-hand input that may hopefully help you along your adoption journey. Find others who have had feelings and experiences similar to your own to talk with. This is especially important if you have decided to adopt as a single parent. There is value in having others to talk to that have gone through or are going through the same experiences. We do not need a partner by our side to raise a happy, healthy child; but a human connection with others you can relate to can be a valuable experience! Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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What Types Of Spousal Support Am I Eligible For? When Do Alimony Payments Stop? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/which-kind-of-adoption-do-i-need/
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Deciding whether you’re in a failing marriage that’s beyond repair is obviously not a choice that comes easily—especially when you’ve put in the work to try and salvage what feels like a loveless partnership. You might’ve chosen to overlook those first signs that divorce is the best move for one (or both) of you, and you’ve been coping with an unhappy relationship for some time. Or, perhaps you hope that the union’s still got some fight left and you’re not ready to leave. It’s not a decision to take lightly. But now, whether it’s a matter of one too many arguments, trust-sapping infidelity, or something else entirely, you’re clearly contemplating a permanent split. Here are the most common signs that you should consider divorce, and that you may be ready to move on to the next chapter of your life. You never argue.Believe it or not, you’re supposed to argue. Silence and avoidance can be detrimental to a relationship. When you just can’t be bothered anymore, it means something is missing. While not all fights are productive, it’s healthy to be able to resolve arguments in a way that benefits the marriage, you fight for each other. You fight for the relationship. The biggest problem is when there’s no fight left. Winning is everything.While never fighting (i.e. complete detachment) may be one sign of impending divorce, the way you argue when you do have a disagreement is another indication. “Ideally, you want a conflict to be resolved in a way that preserves the relationship, if fighting is more about pointing fingers, placing blame and the need to ‘win,’ the focus becomes power and not connection, and that is a red flag. You want to provoke your spouse.When you find that you’re constantly testing how far you can push your marriage before it completely shatters, you’re playing divorce roulette. Once you start trying to push your spouse’s threshold, it’s possible that you subconsciously want to end things but are afraid to make the move. For example, if you leave your computer open to an inappropriate (read: flirtatious) email exchange, you may secretly be hoping your spouse finds it so they’ll initiate a conversation about why you’ve been unhappy. They send your heart racing.We’re not talking the pitter patter of love. We’re referring to full on, heart rate rising stress. If you have a negative physical reaction when your spouse walks into the room, it’s important to pay attention to what your body is telling you. Along those same lines, if your heart grows heavy and your stomach balls up into a knot every time you think about staying in your marriage, your body is letting you know it might be time to go. Our brains can lie to us, our body on the other hand, is the incorruptible truth-teller. You hide your real self.If you feel like you’ll be rejected if your spouse sees “all” of who you are, it’s impossible to be in a fulfilling relationship, a relationship expert and paternity court judge. When you constantly have to filter yourself, or keep your beliefs away from your spouse, it shows a lack of respect in your opinion. And that’s tough to fix.” You’re overcompensating on Facebook.Social media usually manufactures an extremely edited version of our lives. It’s also a space in which it’s easy to craft an illusion, hiding the reality of an unhappy marriage. According to Morris, when you or your partner suddenly start to overshare on social media, it’s usually an attempt to cover up the truth. Constantly feeling the need to show the world how great your relationship is—when, in reality, you know it’s not—may be a sign that things are falling apart. When the thought of leaving scares the hell out of you, and yet…It can be exciting to think about the life you could be living if you weren’t with this person any longer—the freedom, the adventures, the passion. But those fantasies are centered on what happens when you’ve already left the marriage. Take notice of what it feels like to imagine actually leaving, not just living this new life of yours sans partner. If the thought of leaving scares you, yet you’d still rather leave than stay, it’s a pretty strong indicator that it’s time to go. Kids (or work, or friends) come first.All of these outside influences can positively impact a marriage. And, of course there will become times when other factors (an ailing mom, having to focus on your child) will require your full attention. But, when any one thing takes over, leaving little room for a partner to dedicate time and attention to the relationship, it can take its toll. When those influences are all they talk about and all they think about, it can drive a wedge between spouses. The chasm can become so wide that the prospect of divorce begins to stare them right in the face. It’s “I” and “me” and never “we.”Marriage takes teamwork, and that means coming together for a common goal. When the team mentality stops, it may be a sign your marriage is over, couples are encouraged to think of their relationship in terms of “we” instead of “I.” The language we use when talking about our relationships can predict a break up. The pronouns you choose (I, me, mine, our, us, we) are a sign of how close you feel to your partner. So, look out for what expressions you find yourself (or your spouse) using. You push back when others say, “stay.”We rarely broadcast our relationship struggles to those around us, so it’s to be expected to get pushback from others who can’t seem to understand why you’d want to make this choice. A friend or family member’s objections may just be the gut-check you need. Leaving a marriage of any length will eventually provide the opportunity to examine your decisions, and your heart, , and you can only truly do this if you know you’ve made the decision that makes the most sense for you, not anyone else. They stop being your go-to person.Who do you call when you’re having a bad day? Who’s the first person you text when you hear good news? There’s an amazing rainbow outside your window…who—besides Instagram—do want to send the photo to? Your partner should be the first person you go to, in crisis or in celebration. When either one of you no longer wants to share important moments, you stop feeling connected. That disconnect can cause major loneliness in a relationship, which can often lead to divorce. Forgiveness doesn’t seem like an option.Infidelity in a marriage is definitely a road block, but not always a deal breaker. It’s possible to move on and have a healthy relationship. However, if both spouses choose to stay married, it’s imperative to fully forgive and make peace with your partner. If you’re dredging up past issues every time there’s an argument, or are holding onto resentment, then it’s most likely the marriage won’t survive. You already have an exit strategy.Are you moving money into different accounts? Looking for a new job so you have even more financial independence? Once you start planning like that, it’s a sign that you believe your marriage isn’t working, While she acknowledges that taking steps to ensure you’re not reliant on anyone and that you have your own savings can certainly be a good thing, it also means that you may have one foot out the door without realizing it. And when you’re not willing to be “all in,” your marriage could be on the outs. It’s hard. All the time.While every relationship has its rocky periods once in a while, conflict and feelings of disconnection shouldn’t be chronic. If it’s hard far more often than it is inspiring or pleasurable, it may be time to move on.” There’s one thing about confusion, It is usually a lie. We block our own answers when we tell ourselves we don’t know. You are not confused about what to do, but you are afraid of the action you know you should probably take. In other words, if you are constantly wondering, then you likely already know your answer. When you’re considering divorce ― or reeling from your ex’s decision to end the marriage ― it’s easy to focus on the negatives: How will I possibly get by living on my own again? How will the kids be impacted by this? Am I doomed to be alone for the rest of my life? Your Spouse Is A Serial Cheater.It possible that your spouse just isn’t cut out for marriage or monogamy, even if they seemed to have wanted to get married. They also may put the blame for their philandering and untrustworthiness on you and may accuse you of being too jealous or controlling. When trust is broken in such a painful way, it is difficult to recover, and it if your partner has had multiple affairs, it is highly improbable that there will be enough good will for your marriage to be viable. Even if you decide to stay in the marriage, but it is doubtful that you will ever be able to fully trust your partner if they have cheated multiple times. When you can’t get past a major breach of trust in the marriage despite many efforts and discussions, that’s a telltale sign your marriage may be beyond repair. There’s Been An Instance Of Domestic Violence.The reality is that, more likely than not, if there has been one incident of domestic violence, that there will be more. If you are in doubt about this, ask yourself the following question: If you had a daughter who was the victim of domestic violence, would you encourage her to stay married? Hopefully, your response would be a resounding, ‘No” When your health and safety are compromised by staying in the marriage, there should be no question about whether you should leave. Reasons Divorce Is Preferable To Staying In An Unhappy, Unhealthy Marriage.Marriage may give you a sense of security but divorce gives you a new lease on life. Being a single parent is better than modeling an unhealthy relationship.If you’re a parent with young kids, getting a divorce is better than staying in a bad marriage because these are formative years for them. They will likely seek out and emulate the types of relationships they see modeled. I want my relationships to be happy, healthy and mutually respectful, so that my children never settle for anything else in their own lives. Divorce clears the way for you to meet the right partner.Divorce is painful but it’s kind of like pulling off a Band-Aid: The anticipation is horrible but once it’s over, it’s pure relief. Bonus: It allows you the freedom to meet the person you were meant to be with! After divorce, you find yourself again and fall in love with the wonderful attributes that makes you you. As a mother especially, you can parent with just your own mama instincts and all your love and energy can flow into your little one(s). You find genuine peace and happiness and an appreciation for life that may have been sucked out of you during your bad marriage. Divorce isn’t the worst thing that can happen to your kids. Enduring a hostile home life is.After my first wife and mother of my five children left us permanently, I felt like going through divorce was the worst thing that could happen to a family. So when my second marriage was falling apart, as my kid’s sole and single parent, I was desperate to protect them from the trauma of another divorce. As a result, I kept the family in a situation that wasn’t good for any of us. The reality is, the worst thing for your children is for them to live in a hostile home and have them see you unhappy. My life and my children’s’ lives have gotten better and happier with each passing day after the divorce. There’s a big difference between loneliness and solitude.My divorce helped me discover the gift of solitude when I once experienced the pain of loneliness. Now that I’ve learned to enjoy being alone, I’m free from that awful feeling of separation that comes from being with the wrong person. You and your partner may be stifling each other’s growth.I feel that divorce should rarely be the first choice because generally the only thing keeping a ‘bad’ marriage from being a ‘good’ marriage is sustained mutual effort. That being said, there are times that divorce is the best choice in order to allow both partners to grow and achieve the life they desire, and in some scenarios, the life they deserve. A happier parent is a better parent.Learning to let go and step into the unknown may be the single most important thing you can do for your own sanity and the sanity of those around you. Divorce proves that you have the courage to live a life of happiness. And if you’re happier, you’ll be a far more effective parent. You can devote your energy to other important areas of your life.If you have done all the work of trying to make the marriage better and nothing is changing, finding the courage to leave and move forward pays off in the long run. The pay off? You stop putting all your energy into a relationship that no longer works and put more energy into yourself and your kids. You deserve a partner who’s just as invested in the relationship as you are.Divorce is preferable to a marriage without love. We all deserve to be loved. I never want to be in a marriage where that partnership isn’t sacred and a priority. Relationships are complicated, to say the very least, and even the most stable of marriages will go through intense highs and extreme lows. So if you’re asking yourself, Should I get a divorce?” know that you’re not alone — a 2015 poll found that half of all married couples have contemplated divorce. But determining whether or not your marriage should end is an entirely personal decision, and there are a number of factors that will play into you eventually choosing to either work through your relationship issues, or call it quits. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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What Types Of Spousal Support Am I eligible For? When Do Alimony Payments Stop? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/when-is-divorce-a-good-idea-2/ Spousal support, also commonly known as alimony, refers to recurring monthly payments made by one spouse to the other spouse when a couple is divorced or legally separated. Although the laws and requirements for spousal support will vary by state, it is usually intended to assist the recipient spouse in gaining financial independence. Spousal support payments also help to ensure that the receiving spouse can retain the lifestyle they have become accustomed to during their marriage or at any point before they were legally separated or divorced from the supporting spouse. In most cases, the spouse who has the higher salary will typically be ordered to pay spousal support to the other spouse. In other words, whichever of the two spouses is in worse financial condition will normally be the spouse who is allowed to collect alimony. Generally speaking, a court may order spousal support payments in any of the following situations: It is important to note, however, that spousal support payments will not necessarily last for the rest of the recipient spouse’s lifetime. For instance, certain conditions or circumstances may affect the amount they receive. It can even terminate spousal support permanently if such payments are no longer needed. Lastly, if you need assistance with either terminating or receiving spousal support, you should contact a local family lawyer or divorce attorney immediately for further legal advice on the matter. Can Spousal Support Be Terminated Early?There are some circumstances in which a spouse may be able to end alimony payments early. Again, these conditions and requirements will depend on the laws of the state in which a petition to terminate spousal support is filed. This may include the following: • If the spouse making alimony payments has retired due to one of the following reasons: What Can a Spouse Do to Terminate Payments Early?As previously mentioned, the steps and overall process to stop alimony payments early will depend on the circumstances surrounding a specific case and on the laws of a particular state. Generally speaking, however, the paying spouse will need to obtain approval from a court before they will be permitted to stop paying alimony. They can begin this process by filing a court form known as a “petition for termination of spousal support” with their local family law court. The paying spouse will also need to provide supporting documentation along with their petition, including the following information: Once the appropriate paperwork is filed and the court filing fees are paid, the interested parties must be served a copy of the documents that were filed. After the necessary legal procedures are complete, the court clerk will schedule a date for a court hearing regarding the petition. At this hearing, the court will listen to arguments from both parties and examine any evidence that will help the judge to make a clear decision on whether or not alimony should be terminated earlier than expected. The judge will then issue a decision based on the parties’ arguments and supporting evidence. If the judge decides to approve the petition, the paying spouse will no longer be legally obligated to make spousal support payments to the receiving spouse. On the other hand, if the court denies the petition, then the paying spouse must continue to pay alimony to the receiving spouse as if nothing has changed. The court may also decide to reduce, as opposed to completely deny, the amount of alimony that the paying spouse must send to the receiving spouse each month. There are also some ways to avoid paying alimony altogether, such as if: An experienced family lawyer will be able to help you modify and prepare the necessary legal documents that are required to petition the court for a termination of alimony payments. Your lawyer can also advise you on the best course of action based on your personal circumstances and can explain what rights you have under the law. There are several types of alimony, but each state’s alimony awards vary. Typically, needy spouses can request any of the following types of support: Depending on your case’s circumstances, the judge may award periodic (monthly) payments, lump-sum payments, or payments through property exchange. The judge will explain the terms of alimony in your final divorce decree, including the end date. If your circumstances change before the ordered end date in your court order, you can request a formal review by the court. The legal requirements to modify alimony will depend on your state and your specific divorce decree. For example, if you agreed that your alimony award was non-modifiable, even a significant income change won’t be enough to allow the judge to change the order. Remarriage and AlimonyAlimony usually ends if the receiving spouse remarries, unless there’s a written agreement or court order to the contrary. However, judges in some states have the discretion to continue alimony even after the spouse receiving it remarries unless your written settlement agreement specifies that payment will stop if one of you remarries. CohabitationEvery state’s legal definition of cohabitation varies. States that are silent on a definition agree that cohabitation exists when two people live in the same home in a marriage-like relationship, sharing expenses, without being legally married. What Happens When a Supported Spouse Cohabitates with Someone New?Although most states have clear rules terminating alimony when the supported spouse remarries, what happens if your ex-spouse is in a relationship but not married? The court may still terminate alimony, but it depends on where you live and your case’s specific circumstances. Most states will reduce or terminate alimony if cohabitation significantly decreases the recipient’s need for support. For example, suppose you pay monthly alimony to your ex-husband, and he’s living with a new partner who is unemployed and broke. In that case, the court may not terminate your obligation to continue supporting your ex-spouse. Other states will terminate alimony, regardless of whether the cohabitation impacts the recipient’s economic status. For example, in one Utah case, a husband asked the court to end support payments after discovering that his ex-wife was cohabitating with a new partner. The court evaluated several factors when determining whether the cohabitation resulted in a marriage-like relationship, including: What Factors Do Courts Consider When Determining Permanent Alimony?If you and your spouse can’t agree on permanent alimony as part of your divorce negotiations, you’ll probably end up in court, where a judge will decide both the amount and duration of long-term support. When looking at who should pay alimony, and in what amount, courts consider the extent to which each spouse’s earning capacity (potential to earn income) is sufficient to maintain the marital standard of living, taking into account a long list of factors including: How Long Does Permanent Alimony Last?The term “permanent” alimony is somewhat of a misnomer. Very few, if any, support awards will continue permanently. Generally, for short-term marriages (under ten years), permanent alimony lasts no longer than half the length of the marriage, with “marriage” defined as the time between the date of marriage and the date of separation. So, if your marriage lasted eight years, you may expect to pay or receive alimony for four years. If your marriage was very short, permanent support may never become necessary. For example, if your marriage lasted only one year, you can expect to pay or receive alimony for six months; but this obligation may be met through temporary support payments. For marriages over ten years, there’s no hard-and-fast rule for figuring out how long alimony should last. Judges will consider various factors in order to place the supported spouse in a position as close as possible to the marital standard of living, until that spouse can reasonably become self-supporting. Can I Modify or Terminate Alimony?Yes. Either spouse may request that the duration and/or amount of alimony be modified (changed), as long as the original order (or marital settlement agreement) awarding alimony doesn’t contain any language that makes alimony “non-modifiable.” There are two ways to modify alimony. First, you and your spouse can agree to change the amount and/or duration of alimony. If this happens, you should enter into a written contract that spells out the new agreement, and ask the judge to turn the agreement into an official court order. If you can’t agree, you’ll have to head to court. The person who wants to modify alimony must file a motion with the court and show a “material change of circumstances” from the time the original support order was made. The involuntary loss of a job, for example, may constitute a material change of circumstances. If the payor spouse’s income has decreased through no fault of his or her own, a judge may find that it’s appropriate to reduce support. Finally, a support obligation will automatically terminate upon the death of the supported spouse. If the supported spouse dies before the alimony obligation ends, the payor spouse no longer has to pay, and the supported spouse’s estate can’t enforce the alimony order to its own benefit. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post When Do Alimony Payments Stop? first appeared on Ascent Law, LLC.
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What Papers Do I Need To File To Begin Divorce Proceedings? What Types Of Spousal Support Am I Eligible For? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/when-do-alimony-payments-stop/ Spousal support (also called alimony) falls into two broad categories: short-term support and long-term or permanent support. “Reimbursement” support is a kind of long-term support. A spouse may also get temporary support before the divorce is final. How long one ex-spouse must help support the other is as much in the judge’s discretion as is the amount of support. Some judges start with the assumption that support should last half as long as the marriage did, and then work up or down from there by looking at certain factors. Most states don’t have guidelines for the duration of support, but some do—for example, in Utah, payments are limited to three years except in special circumstances. In Utah, support can’t last any longer than the marriage did. And in some states the marriage must have lasted at least ten years for a court to order support at all. How long support lasts depends on the nature of the support. It’s possible that a former spouse might receive more than one kind of support at the same time. If a spouse is getting more than one kind of support, say rehabilitative and short-term, then when the spouse is employed again, the rehabilitative support would end. The short-term support would continue until its termination date. Temporary Support While the Divorce Is PendingYou and your spouse don’t need to wait until everything in your divorce is settled to work out spousal support arrangements. In fact, the support issue may be most important immediately after you separate, to support the lower-earning spouse while your divorce is in process. It’s always a good idea to make a written agreement about temporary support. (For one thing, payments are tax deductible only if there’s a signed agreement.) If you can’t agree on a temporary support amount, then you’ll probably spend some time in court arguing over it. If you have a right to support, it starts as soon as you separate, so get yourself to court right away. Short-Term and Rehabilitative SupportJudges order short-term support when the marriage itself was quite short. Short-term support lasts only a few years, and its precise ending date is set in the court order. Rehabilitative support, sometimes also called “bridge the gap” support, is a specific kind of short-term support, designed to help a dependent spouse get retrained and back into the workforce. It lasts until the recipient is back to work. Generally, that date isn’t set in advance—the agreement is that the support payments will stop when the recipient completes a retraining program and becomes employed in the industry. The recipient is responsible for diligently pursuing the training or course of study and then searching for work. The other spouse is responsible for paying the support until that point and a payer who suspects the recipient isn’t really trying to complete an education or get work can ask the court to reduce the support amount or set a termination date. The person asking for the modification would have to prove that the other ex-spouse was not working hard enough. Long-Term or Permanent SupportPermanent support may be granted after long marriages (generally, more than ten years), if the judge concludes that the dependent spouse most likely won’t go back into the workforce and will need support indefinitely. Some states don’t allow permanent support. It’s odd, but in fact even so-called permanent support does eventually end. Of course, it ends when either the recipient or the payor dies. It also may end when the recipient remarries. And in about half the states, it ends if the recipient begins living with another person in a marriage-like relationship where the couple provides mutual support and shares financial responsibilities. Reimbursement SupportReimbursement support is the only type of spousal support that’s not completely based on financial need. Instead, it’s a way to compensate a spouse who sacrificed education, training, or career advancement during the marriage by taking any old job that would support the family while the other spouse trained for a lucrative professional career. Generally both spouses expected that once the professional spouse was established and earning the anticipated higher salary, the sacrificing spouse would benefit from the higher standard of living and be free to pursue a desirable career. If the marriage ends before that spouse gets any of the expected benefits, reimbursement support rebalances the scales by making the professional spouse return some of what was given during the marriage. Because it’s not tied to need, reimbursement support ends whenever the agreement or court order says it does. Its termination generally isn’t tied to an event like the supported spouse getting work or remarrying. Financially Disadvantaged Spousal SupportThe bottom line is that there needs to have been one partner or spouse who was financially disadvantaged as a result of the marriage, and the other partner or spouse benefitted off of the other’s disadvantage. The simplest way to break this down is to look at what I am going to refer to as a “traditional” marriage where the husband works and the wife does the work at home to keep the house and family going. In this situation the wife is not making an income and is therefore disadvantaged, whereas the husband is able to take advantage of the wife’s childcare so that he is able to work himself. So essentially here the wife did not have the opportunity to work outside of the house because of the role she played in the marriage. On the other side of the spectrum is a couple who both worked and had similar incomes and neither lost a work opportunity. In that case it is very unlikely that spousal support will be paid. Obviously every marriage and roles within that relationship is different but it is the give and take that we look at where one partner or spouse’s giving leaves them in a financially disadvantaged circumstance and the other benefits from the give, there may be a claim for spousal support to compensate for that disadvantage. Needs Based Spousal SupportThere is another type of spousal support that is based out of need, rather than compensation. The basic idea is that where one party is unable to meet their needs after a separation, it should be the former spouse that financially supports that party rather than the government. This type of spousal support is meant to balance financial disparities between the parties for a time after the separation. When considering the question of spousal support we look at the “financial needs and circumstances”. The circumstances that are considered include the length of the marriage, so the longer the marriage the stronger a claim for spousal support. We look at the incomes of both partners, but it is important to remember that just because one partner make significantly more than the other does not mean an automatic claim for spousal support. The roles that each played within the marriage is looked at to see if there was a disadvantage and subsequent advantage of the other partner. Lastly, the ongoing childcare is also considered meaning that if one partner is going to continue caring for the children then they may be entitled to spousal support above the child support that they will already receive. How Much and How Long?Once the “if” entitlement to spousal support is determined, the next question is the “how” – how much and for how long. Spousal support is not necessarily forever. The partner who receives the support is required to work to become self-sufficient while receiving the support. Once the partner reaches self-sufficiency the spousal support stops. Each circumstance is different and so the amount of time that it takes to reach self-sufficiency is different. For instance, someone who is coming out of that traditional marriage may be nearing 60-years-old, and may not have had a job for the past 30 years, so may never find self-sufficiency, nor should they be required to at such a late time in life. Budgets of living in two separate homes will have to be made to help determine how much spousal support is needed. Spousal support is tax deductible by those who pay it and is taxable for those that receive it. So when looking at the amount of spousal support to be paid it is a good idea to take a look at the tax consequences, especially when the partner paying tax is in a higher tax bracket. Provincial GuidelinesThere are Guidelines for Spousal Support in Nova Scotia. These guidelines can computer generate a range to give you an idea of the how long and how much spousal support should be paid. But these are guidelines and not rules or laws like the child support tables. This means that they are not always used by every judge. They are just another tool that may help separating spouses. Last WordsI hope that you can see with so many moving parts in the consideration of spousal support that independent legal advice is essential before coming to any agreement. I always would advise going to a collaboratively-trained lawyer because we have collaborative colleagues who are financial professionals specially trained with arranging finances for the transition into two homes. Making an agreement outside of court through kitchen-table conversation with independent legal advice, collaborative law or mediation are, in my humble opinion, the most successful because you are able to tailor the spousal support to each of your needs and incomes and possibly take advantage of the tax consequences of spousal support. When Does One Spouse Need to Pay Alimony?When both spouses work full time, many judges will not award alimony. However, when one spouse is a “dependent” spouse, a North Carolina court may award alimony. The spouse with no income or less income will receive alimony from the spouse who has a greater income. Many times, when one spouse decided to stay at home and raise children, judges will award that spouse alimony until he or she can complete the education or job training necessary to obtain gainful employment. There are many factors the court must consider when deciding whether to require alimony payments, including the following: How is Alimony Calculated?The amount and duration of alimony are based on multiple factors under Utah law. Utah judges also consider any so-called marital misconduct. Keep in mind that Utah judges have a wide range of discretion when it comes to determining when to award alimony and the amounts of the alimony payments. If you seek alimony, it is important that you have a dedicated attorney on your side who will represent your best interest. As mentioned above, marital misconduct does come into a judge’s decision making process regarding alimony payments. Utah judges have the authority to decide not to award alimony to a spouse engaged in marital misconduct. Marital misconduct includes excessive drug or alcohol use, adultery, abandonment, or spending a significant amount of marital funds during the separation process. What happens when one spouse has engaged in adultery?Under Utah law, judges may require the spouse who will pay alimony to pay higher monthly payments when that spouse has committed adultery. Likewise, judges can require the spouse who committed adultery to pay alimony for a longer time. When the lower-income earner committed adultery before the separation, the judge could bar him or her from recovering alimony. When a higher-income spouse seeks to bar the lower-income spouse from receiving alimony due to adultery, the higher-earning spouse must not have committed adultery. How Is Spousal Support Calculated?Utah courts utilize a formula to determine the amount of temporary spousal support that the spouse requesting it will need. For permanent spousal support, however, the court will analyze the specific details of the case to determine the final spousal support amount. Utah courts consider the following to calculate spousal support: A judge will closely examine how much income each spouse can earn based on their current education, professional training, and skill set to keep the same standard of living they had during the marriage. Based on this, the judge will analyze how marketable the spouse is and what job opportunities are available for them. The judge will also determine the time and expense it will take for the spouse to get a job. Length in MarriageThe length that a person has to pay for spousal support is heavily based on the length of the marriage. In most cases, the time period ordered to pay spousal support will be one-half length of the marriage. However, if the marriage was longer than 10- years, the court might not set an end date to the spousal support. How to Create a Spousal Support AgreementIt is possible for spouses to work together to create a spousal support agreement. In order to create a spousal support agreement, the couple must create and sign a written agreement or stipulation without having to go in front of a judge. This is beneficial for spouses who don’t want a judge to decide for them and want to work on the agreement together. However, the court will have to accept and sign your agreement for it to be official. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post What Types Of Spousal Support Am I Eligible For? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
What Kind Of Questions Will They Ask Me To Determine If I Am Eligible To Adopt A Child? What Papers Do I Need To File To Begin Divorce Proceedings? What Types Of Spousal Support Am I Eligible For? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-types-of-spousal-support-am-i-eligible-for-3/ Spousal support (also called alimony) falls into two broad categories: short-term support and long-term or permanent support. “Reimbursement” support is a kind of long-term support. A spouse may also get temporary support before the divorce is final. How long one ex-spouse must help support the other is as much in the judge’s discretion as is the amount of support. Some judges start with the assumption that support should last half as long as the marriage did, and then work up or down from there by looking at certain factors. Most states don’t have guidelines for the duration of support, but some do—for example, in Utah, payments are limited to three years except in special circumstances. In Utah, support can’t last any longer than the marriage did. And in some states the marriage must have lasted at least ten years for a court to order support at all. How long support lasts depends on the nature of the support. It’s possible that a former spouse might receive more than one kind of support at the same time. If a spouse is getting more than one kind of support, say rehabilitative and short-term, then when the spouse is employed again, the rehabilitative support would end. The short-term support would continue until its termination date. Temporary Support While the Divorce Is PendingYou and your spouse don’t need to wait until everything in your divorce is settled to work out spousal support arrangements. In fact, the support issue may be most important immediately after you separate, to support the lower-earning spouse while your divorce is in process. It’s always a good idea to make a written agreement about temporary support. (For one thing, payments are tax deductible only if there’s a signed agreement.) If you can’t agree on a temporary support amount, then you’ll probably spend some time in court arguing over it. If you have a right to support, it starts as soon as you separate, so get yourself to court right away. Short-Term and Rehabilitative SupportJudges order short-term support when the marriage itself was quite short. Short-term support lasts only a few years, and its precise ending date is set in the court order. Rehabilitative support, sometimes also called “bridge the gap” support, is a specific kind of short-term support, designed to help a dependent spouse get retrained and back into the workforce. It lasts until the recipient is back to work. Generally, that date isn’t set in advance—the agreement is that the support payments will stop when the recipient completes a retraining program and becomes employed in the industry. The recipient is responsible for diligently pursuing the training or course of study and then searching for work. The other spouse is responsible for paying the support until that point and a payer who suspects the recipient isn’t really trying to complete an education or get work can ask the court to reduce the support amount or set a termination date. The person asking for the modification would have to prove that the other ex-spouse was not working hard enough. Long-Term or Permanent SupportPermanent support may be granted after long marriages (generally, more than ten years), if the judge concludes that the dependent spouse most likely won’t go back into the workforce and will need support indefinitely. Some states don’t allow permanent support. It’s odd, but in fact even so-called permanent support does eventually end. Of course, it ends when either the recipient or the payor dies. It also may end when the recipient remarries. And in about half the states, it ends if the recipient begins living with another person in a marriage-like relationship where the couple provides mutual support and shares financial responsibilities. Reimbursement SupportReimbursement support is the only type of spousal support that’s not completely based on financial need. Instead, it’s a way to compensate a spouse who sacrificed education, training, or career advancement during the marriage by taking any old job that would support the family while the other spouse trained for a lucrative professional career. Generally both spouses expected that once the professional spouse was established and earning the anticipated higher salary, the sacrificing spouse would benefit from the higher standard of living and be free to pursue a desirable career. If the marriage ends before that spouse gets any of the expected benefits, reimbursement support rebalances the scales by making the professional spouse return some of what was given during the marriage. Because it’s not tied to need, reimbursement support ends whenever the agreement or court order says it does. Its termination generally isn’t tied to an event like the supported spouse getting work or remarrying. Financially Disadvantaged Spousal SupportThe bottom line is that there needs to have been one partner or spouse who was financially disadvantaged as a result of the marriage, and the other partner or spouse benefitted off of the other’s disadvantage. The simplest way to break this down is to look at what I am going to refer to as a “traditional” marriage where the husband works and the wife does the work at home to keep the house and family going. In this situation the wife is not making an income and is therefore disadvantaged, whereas the husband is able to take advantage of the wife’s childcare so that he is able to work himself. So essentially here the wife did not have the opportunity to work outside of the house because of the role she played in the marriage. On the other side of the spectrum is a couple who both worked and had similar incomes and neither lost a work opportunity. In that case it is very unlikely that spousal support will be paid. Obviously every marriage and roles within that relationship is different but it is the give and take that we look at where one partner or spouse’s giving leaves them in a financially disadvantaged circumstance and the other benefits from the give, there may be a claim for spousal support to compensate for that disadvantage. Needs Based Spousal SupportThere is another type of spousal support that is based out of need, rather than compensation. The basic idea is that where one party is unable to meet their needs after a separation, it should be the former spouse that financially supports that party rather than the government. This type of spousal support is meant to balance financial disparities between the parties for a time after the separation. When considering the question of spousal support we look at the “financial needs and circumstances”. The circumstances that are considered include the length of the marriage, so the longer the marriage the stronger a claim for spousal support. We look at the incomes of both partners, but it is important to remember that just because one partner make significantly more than the other does not mean an automatic claim for spousal support. The roles that each played within the marriage is looked at to see if there was a disadvantage and subsequent advantage of the other partner. Lastly, the ongoing childcare is also considered meaning that if one partner is going to continue caring for the children then they may be entitled to spousal support above the child support that they will already receive. How Much and How Long?Once the “if” entitlement to spousal support is determined, the next question is the “how” – how much and for how long. Spousal support is not necessarily forever. The partner who receives the support is required to work to become self-sufficient while receiving the support. Once the partner reaches self-sufficiency the spousal support stops. Each circumstance is different and so the amount of time that it takes to reach self-sufficiency is different. For instance, someone who is coming out of that traditional marriage may be nearing 60-years-old, and may not have had a job for the past 30 years, so may never find self-sufficiency, nor should they be required to at such a late time in life. Budgets of living in two separate homes will have to be made to help determine how much spousal support is needed. Spousal support is tax deductible by those who pay it and is taxable for those that receive it. So when looking at the amount of spousal support to be paid it is a good idea to take a look at the tax consequences, especially when the partner paying tax is in a higher tax bracket. Provincial GuidelinesThere are Guidelines for Spousal Support in Nova Scotia. These guidelines can computer generate a range to give you an idea of the how long and how much spousal support should be paid. But these are guidelines and not rules or laws like the child support tables. This means that they are not always used by every judge. They are just another tool that may help separating spouses. Last WordsI hope that you can see with so many moving parts in the consideration of spousal support that independent legal advice is essential before coming to any agreement. I always would advise going to a collaboratively-trained lawyer because we have collaborative colleagues who are financial professionals specially trained with arranging finances for the transition into two homes. Making an agreement outside of court through kitchen-table conversation with independent legal advice, collaborative law or mediation are, in my humble opinion, the most successful because you are able to tailor the spousal support to each of your needs and incomes and possibly take advantage of the tax consequences of spousal support. When Does One Spouse Need to Pay Alimony?When both spouses work full time, many judges will not award alimony. However, when one spouse is a “dependent” spouse, a North Carolina court may award alimony. The spouse with no income or less income will receive alimony from the spouse who has a greater income. Many times, when one spouse decided to stay at home and raise children, judges will award that spouse alimony until he or she can complete the education or job training necessary to obtain gainful employment. There are many factors the court must consider when deciding whether to require alimony payments, including the following: How is Alimony Calculated?The amount and duration of alimony are based on multiple factors under Utah law. Utah judges also consider any so-called marital misconduct. Keep in mind that Utah judges have a wide range of discretion when it comes to determining when to award alimony and the amounts of the alimony payments. If you seek alimony, it is important that you have a dedicated attorney on your side who will represent your best interest. What Constitutes Marital Misconduct?As mentioned above, marital misconduct does come into a judge’s decision making process regarding alimony payments. Utah judges have the authority to decide not to award alimony to a spouse engaged in marital misconduct. Marital misconduct includes excessive drug or alcohol use, adultery, abandonment, or spending a significant amount of marital funds during the separation process. What happens when one spouse has engaged in adultery?Under Utah law, judges may require the spouse who will pay alimony to pay higher monthly payments when that spouse has committed adultery. Likewise, judges can require the spouse who committed adultery to pay alimony for a longer time. When the lower-income earner committed adultery before the separation, the judge could bar him or her from recovering alimony. When a higher-income spouse seeks to bar the lower-income spouse from receiving alimony due to adultery, the higher-earning spouse must not have committed adultery. How Is Spousal Support Calculated?Utah courts utilize a formula to determine the amount of temporary spousal support that the spouse requesting it will need. For permanent spousal support, however, the court will analyze the specific details of the case to determine the final spousal support amount. Utah courts consider the following to calculate spousal support: The Importance of Earning Capacity & Standard of LivingA judge will closely examine how much income each spouse can earn based on their current education, professional training, and skill set to keep the same standard of living they had during the marriage. Based on this, the judge will analyze how marketable the spouse is and what job opportunities are available for them. The judge will also determine the time and expense it will take for the spouse to get a job. Length in MarriageThe length that a person has to pay for spousal support is heavily based on the length of the marriage. In most cases, the time period ordered to pay spousal support will be one-half length of the marriage. However, if the marriage was longer than 10- years, the court might not set an end date to the spousal support. How to Create a Spousal Support AgreementIt is possible for spouses to work together to create a spousal support agreement. In order to create a spousal support agreement, the couple must create and sign a written agreement or stipulation without having to go in front of a judge. This is beneficial for spouses who don’t want a judge to decide for them and want to work on the agreement together. However, the court will have to accept and sign your agreement for it to be official. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post What Types Of Spousal Support Am I Eligible For? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
What Kind Of Questions Will They Ask Me To Determine If I Am Eligible To Adopt A Child? What Papers Do I Need To File To Begin Divorce Proceedings? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-types-of-spousal-support-am-i-eligible-for-2/ Filing for DivorceDivorce begins when a divorce petition, or complaint, is filed. The divorce petition is a formal complaint, typically put together by one spouse with the help of a divorce lawyer. It’s filed with the divorce court and then served on the other spouse. The divorce petition usually must be filed in the county of residence of the person filing for divorce regardless of where the couple was married. The spouse who files the divorce petition is known thereafter as the petitioner, and the other spouse as the respondent. These roles don’t change, even if the respondent later files a petition against the original petitioner to resolve an issue related to the marriage. Divorce PaperworkThe divorce petition asks the divorce court to grant a divorce or dissolution based on a particular reason. In no-fault divorce, the reason stated is often “irreconcilable differences.” The divorce petition must also identify the spouses, any children and the issues of the divorce. The petitioner states in the divorce petition his or her wishes regarding child custody, child support, alimony, property division and other marital issues, asking the court for an order granting the requests. What Papers Do You Need to Get a Divorce?A divorce case begins when you file a petition for divorce and deliver it to your spouse. You’ll also typically file a financial affidavit that describes your income, expenses, and property. Other common documents include a settlement agreement and a parenting plan. Here’s an overview of these basic divorce papers and where to get them. Different states have different divorce forms and different laws. However, some documents are common across the board. 1. Dissolution of Marriage Petition 2. Settlement Agreement In a contested divorce, you disagree about one or more issues. Most couples with contested divorces do eventually reach an agreement, either on their own or with the help of a lawyer or mediator. Your written agreement about support, custody, and property is known as a settlement agreement. You’ll each sign it, and you’ll file it with the court as part of your divorce case. When your divorce is final, the settlement agreement will be part of the court’s order. 3. Financial Affidavit It can be hard to find specific advice on how to fill out a financial affidavit. A good rule is to take your time and be as accurate as possible. You may have to defend your affidavit’s numbers in a deposition or in court. You may want help from a friend, an accountant, or a lawyer. 4. Parenting Plan Although parenting plans typically follow a standard format, parenting responsibilities may be shared in many ways. Ideally, you and your ex will agree on a plan that makes sense for your family. The parenting plan will be included in the final divorce decree. Where Can I Get Divorce Forms?Your county court clerk’s office or website can tell you how to get divorce forms for your state. These forms may include general instructions for how to fill them out. You can also find the appropriate online divorce papers by using a tool that asks questions and prepares your forms for you. Divorce works a little differently in each state. Now that you have some basic information about divorce documents, you can find out what exactly you need to do to end your marriage in the state where you live. Service of the PetitionOftentimes, a third party, such as the sheriff’s office, accomplishes legal service of the petition, or complaint. Process service may be handled by the local sheriff’s office or served by an independent process server. If both parties agree, in some cases service of the divorce petition may be handled by mail, if the respondent signs a receipt acknowledging service. Once the divorce petition has been served, the respondent usually has about 30 days to answer the divorce petition. Service of the divorce petition helps establish the date of separation and starts the divorce process. The date the divorce petition was served also marks the start of any waiting periods that may be a requirement for divorce. Filing an Answer or AppearanceThe respondent, or defendant, generally has 30 days to answer or file a response. A failure to respond within the time allowed means that the party is considered in default and may forfeit his or her rights to contest issues such as child custody or property division. When a respondent fails to file a response, the divorce court assumes he or she is in agreement with the divorce petition and grants the petitioner’s requests. Moving Forward with the AnswerAn answer, which is called a response, acknowledges the filing and receipt of the petition, or complaint. In it, the respondent replies to any allegations or requests by the petitioner. The response may be in agreement or in objection to the petitioner’s requests. The answer may also agree with some parts of the divorce petition and disagree with others. If the couple agrees on all issues, the respondent may simply file an answer indicating agreement, which allows the petitioner to go forward with an uncontested divorce. The respondent may want to consult with a lawyer about the response. An Effective AnswerIn the answer, the respondent, or defendant, should clearly agree or disagree with the position on each divorce issue and provide an explanation if necessary. The respondent may also make demands in the answer to the divorce petition. In some states, forms may be provided to simplify answering a divorce petition. These forms often contain a list of issues, so the respondent may check off whether he or she agrees or disagrees with each issue. DiscoveryIn contested divorces, discovery becomes the heart of the action. Discovery permits the spouses to gather detailed information from each other about assets, income, and fitness for child custody, extramarital affairs and any other issue relevant to the divorce. Discovery is normally very expensive because it consumes hours and hours of an attorney’s time. The spouses exchange relevant information as required by the rules of procedure. If a spouse resists turning over relevant information, he or she can be compelled by court order. Cooling OffAfter the divorce petition and answer are filed, some jurisdictions require a waiting period so that the parties may cool off and make certain they want to end their marriage. Divorce waiting periods vary from state to state. In the past, states have considered extending divorce waiting periods, especially for couples with children. Such divorce legislation has been based on observations that shorter divorce waiting periods lead to higher divorce rates. Divorce SettlementCourts normally push divorcing spouses to settlement because litigation between spouses antagonizes the parties, harms the children and drives up costs. Couples who can get along well enough to hammer out an agreement find that this approach can dramatically speed up the divorce, minimize the stress on the children, and cuts costs. The decision to settle is always up to the spouses not their lawyers. Divorce TrialWhen divorcing spouses cannot reach an agreement, the court schedules a trial. In a trial, the spouses get to tell their stories, call witnesses, and cross-examine the other spouse’s witnesses. A judge – who has heard it all before, as they say – makes a final decision. After the trial, a final divorce decree is entered resolving all of the issues in the divorce. A losing party can appeal the divorce decree. Litigation a Course of Last ResortA divorce trial should be a course of last resort because it is here spouses make war on one another, and when it is over, they will leave the battlefield with lasting hatred of one another. State Divorce LawDivorce in the United States is governed by state-specific laws. Normally, divorcing couples file for divorce in the county of the residence. They need not file in the state where they were married. All states honor the marriages and divorces of sister states. Residency Requirements to FileNormally, a person must be a resident of the state where the divorce is filed. State residency requirements range from 90 days to one year. Two Types of DivorceCourts in the United States recognize two types of divorces: absolute divorce, known as divorce a vinculo matrimonii (divorce from the bond of marriage) and limited divorce, known as divorce a menso et thoro (a divorce from table and bed). A divorce a vinculo matrimonii is an absolute divorce, the judicial termination of a marriage that makes both spouses single. A divorce a menso et thoro is a limited divorce typically called a legal separation. Filing for a Conversion DivorceLimited divorces result in termination of the right to cohabit but the court refrains from officially dissolving the marriage and the parties’ statuses remain unchanged. The spouses are still married. Some states permit conversion divorce. Conversion divorce transforms a legal separation into a legal divorce after both parties have been separated for a period of time defined by state statute. Divorce LawsState law determines whether a state divides and distributes the martial estate under the terms and conditions of equitable distribution or as community property. State law also determines whether property is either marital or separate or whether all property is subject to distribution. Nine states are said to be community property states, which means that the entire marital estate is subject to distribution; 41 are said to be equitable distribution, which means that the marital estate is distributed equitably. Uncontested DivorceA divorce proceeding in which there are no disputes does not mean that the parties agree on everything. It means that the spouses have decided to work out their differences themselves rather than have a judge do it for them. When an Uncontested Action WorksUncontested actions work well when the parties behave rationally and control their own worst impulses, including greed, revenge and selfishness. Remember, as one veteran lawyer said, “Criminal lawyers see bad people at their best, and divorce lawyers see good people at their worst.” The Advantages of Uncontested ActionsNot only does an uncontested divorce move through the system more quickly, it is much less complicated, does less emotional damage, and costs less than a contested action that goes before a judge who decides for the spouses what they cannot decide for themselves. Disadvantages of Uncontested ActionsAn uncontested divorce does not work in high-conflict marriages where there is domestic violence. An uncontested divorce works best when both parties can openly communicate with each other. Cost of an Uncontested ActionUncontested divorces can cost anywhere from a few hundred dollars to $1,200. The fee may depend on how much time the attorney will have to devote to the case. If there are unresolved issues that must be worked out, the cost could increase. Pro Se DivorceAn uncontested divorce lends itself to a pro se action, which is a divorce in which each spouse represents himself or herself in court without a lawyer. Pro se divorces work easily to terminate a short-term marriage that is childless, with both spouses working, easily distributed assets and easily settled debts. One Lawyer – One ClientNo matter how agreeable the spouses are, each party must have his or her own lawyer. Legal ethics require that a single lawyer cannot represent both parties. The lawyer must represent one or the other spouse, and he or she needs to know this at the outset. Forms of Uncontested ActionsAn uncontested action can happen summarily, by default (where one spouse files and the other does not respond), through mediation (where the couple use a trained mediator), or by collaboration (where the couple actively cooperate with each other and lawyers are negotiators). The case can move on, and the time between filing and the judgment of divorce varies by jurisdiction from a few weeks to a few months. Pro Se FilingPro se divorce litigation means that the petitioner, or plaintiff, represents himself or herself in a divorce without an attorney. The procedures are the same for a pro se litigator except that he or she is responsible for filling out and filing all the legal forms. People file pro se because they can’t afford to hire an attorney, or they agree with their spouse about all divorce issues and can file uncontested, or they become dissatisfied with their attorneys and feel they could do a better job on their own. Off to the Law LibraryAnyone who wants to do his or her own divorce should make a stop at the law library. Divorce law is state specific, and practices vary from jurisdiction to jurisdiction. In a divorce, the only dumb question is the one that went unasked. Keeping Emotions in CheckAnyone who cannot separate the emotional strum und drang of divorce from the cool legalism of it should not attempt to do his or her own divorce. Pro se divorce is not for settling the score. Pro Se is Less CostlyWithout a doubt, one of the biggest draws about filing pro se is cost. A simple uncontested divorce with legal representation costs $1,500 to $2,000. By comparison, a pro se divorce can be had for under $300, plus court costs and filing fees. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post What Papers Do I Need To File To Begin Divorce Proceedings? first appeared on Ascent Law, LLC.
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What Is The Process For Obtaining Child Support? What Kinds Of Questions Will They Ask Me To Determine If I Am Eligible To Adopt A Child? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-papers-do-i-need-to-file-to-begin-divorce-proceedings/ So you’ve decided to adopt a child, but you know you’re only at the beginning of what is sure to be a long and difficult process. Of course, the adoption process has its ups and downs, but what you are most concerned about are the requirements you have to fulfill. Through research, you certainly have found that the adoption process is complicated, with laws that vary by state and type of adoption. Understanding the requirements of an adoption will make things run a bit more smoothly when it comes time to officially start the adoption process. The following adoption requirements to adopt a baby should help you navigate the rest of the process as you go along. Adoption Requirements to Adopt a BabyThough adoption requirements vary depending on where you’re adopting from, there are some basic requirements you can count on for most adoptions. Following these requirements can set the stage for the rest of your adoption journey, making it incredibly important that you follow each of the rules carefully and comply with all requests from your agency (or other adoption entity you are using). What Are The Age Requirements To Adopt A Baby?For domestic and international adoptions, the age of the prospective parents must be legal age, which is 21 years or older. In Utah there is usually no age cutoff, meaning you can adopt a child as long as you are 21 or over. Typically for private and independent adoptions, the Birth Mother or Birth Parents select the Adoptive Family and some may have an age preference while others will not. For international adoptions, there may be age cutoffs depending on the country. What Are The Medical Health Requirements To Adopt?Stable medical health is necessary for prospective Adoptive Parents to adopt a baby. If one or both of the parents have a history of a chronic illness or are currently experiencing a serious illness, a letter from their primary physician is needed stating that they are physically stable and able to parent until the child turns at least 16 years old. Other issues, such as a history of substance abuse, may result in need for rehabilitation. All members of the household must prove that they are also physically stable. What Are The Emotional Health Requirements To Adopt?Stable emotional health is incredibly important for prospective Adoptive Parents. If one or both parents have a current psychiatric illness, or if there is a history of such an illness, a professional statement vouching for their emotional stability is required. A doctor’s statement indicating stability and ability to parent is also needed if there is, or was, medication use. All additional household members must also be emotionally stable in order for the home to be considered safe for the adoptive child. What Are The Child Abuse Clearance Requirements To Adopt?Any household members over the age of 18 must undergo a child abuse clearance process for every U.S. state. If anything is found, it most likely will prevent adoption all together. For international adoption, the process is the same, but varies with each country. Will A Criminal History Prevent Me From Adopting A Baby?A requirement of the adoption home study and both state and FBI clearances will be conducted for criminal history. If an arrest history is found, you will need to provide personal statements of the incident as well as dispositions. Rehabilitation will then be evaluated if needed. In some cases, certain criminal charges may prevent adoption all together. What Are The Marital Requirements To Adopt?For private newborn adoptions in Utah, some adoption professionals may have a marriage requirement. For foster care adoption in the Utah, there are no marriage requirements. For international adoptions, marriage requirements will vary depending on the country. Single parents are asked to name a guardian who would step in as the parent should the adoptive parent be unable to continue to fulfill that responsibility. Some adoption agencies also require the naming of the guardian in a will. What Are The Financial Requirements To Adopt A Baby?Though an income requirement is not usually specified, you will have to undergo an assessment to prove that you have the resources necessary to raise a child. The assessment will look over your income and assets, as well as proof of medical insurance. You will also need to make sure you have funds available for your adoption journey for expenses such as your adoption professional’s service fees, travel and Birth Mother expenses. What Are The Residency Requirements To Adopt?Some states have residency requirements for Adoptive Parents which can range from 60 days to 1 year. Some will have exceptions for residency requirements if an Adoptive Parent is a member of the military or if they are looking to adopt a child with special needs. What Are The Home Environment Requirements To Adopt A Child?A home study will determine whether or not the home is a safe, secure place for a child to live. Requirements may vary depending upon each state’s own safety requirements and some countries may request proof of ownership of the home. The prospective Adoptive Parent may need to provide references regarding their interpersonal relationships and interactions, if any, with children. The references can be singles or couples. Some adoption agencies allow references from family members. During the adoption home study and any agency applications, you will be asked to discuss your adoption and parenting plan. You need to live in a safe, well-maintained home, in a neighborhood conducive to family life. States differ on the requirement to have a separate bedroom for a child. What Are The Adoption And Parenting Education Requirements To Adopt?Some agencies will ask prospective parents to complete Adoptive Parent Education. This includes going over everything from the lifelong implications of adoption on the child and family, bonding and attachment, sharing adoption with the child and others, open or closed adoption, medical issues, academic issues, and emotional and developmental issues. International Adoptive Parents and foster care parents are often required to complete pre-adoption training Why the Adoption Process is So ToughThe adoption process for Adoptive Parents is tough because adoption agencies, professionals, states and countries want to ensure that the child is going to a safe place. The child’s safety and wellbeing are of the utmost importance, making the extra requirements incredibly necessary. If you fail to comply with one or more of these requirements, you may lose your eligibility to adopt in your state or elsewhere. Researching Adoption by State and CountryStringent adoption processTo learn more about domestic adoption requirements in your state, go here. You can further research adoption laws by state by clicking here. For specific requirements on adoption in another country, visit this page. Through your research, you have certainly found that the adoption process is complicated, with laws that vary by state and type of adoption. Understanding the requirements of an adoption will help when it comes time to officially start the adoption process. Why Do People Adopt?Adoptive parents come from many different backgrounds and have varied reasons for adoption. Some common reasons to choose adoption include: The Benefits of Adopting a ChildWhile many adoptive parents choose adoption as a practical means to start their family, the effects of adoption are often more profound and rewarding than they ever could have imagined. Adoption benefits families in countless ways: While there are many reasons to consider adoption, it is not for everyone. Every family should consider the pros and cons of adoption, as well as their own readiness to raise an adopted child, before beginning the process. Are You Ready for Adoption?There are many advantages of adoption, but adding to your family is a big decision. If you are considering adoption, you want to make sure that it is a good fit for your family before beginning the process. This may lead you to ask, Should I adopt a child? Is adoption right for me? Here are five questions to ask yourself as you consider whether you are ready to begin the adoption process: 1. Public or Private Agency? Private agencies are licensed and regulated by the state they reside in and are often non-profits. Many LGBTQ adults choose to adopt through private adoption agencies, especially those agencies with demonstrated sensitivity to LGBTQ applicants. While these adoptions can be costly, applicants are often treated very well and can exercise some control over the type of infant or youth they adopt. 2. What child is right for me/us? 3. Do you have the necessary investments child-rearing requires? 4. Do you have the patience to wait for your child to show you love? 5. Do you have the social and community resources around you that will help you and them along the way? 6. Are you patient enough to successfully complete pre- and post-adoption placement counseling? 7. Are you ready to be 100% honest and transparent with the agency worker? 8. Have you had a major life event in the past 12 months? Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post What Kind Of Questions Will They Ask Me To Determine If I Am Eligible To Adopt A Child? first appeared on Ascent Law, LLC.
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What Is The Difference Between Fault And No Fault Divorce? What Is The Process For Obtaining Child Support? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-kind-of-questions-will-they-ask-me-to-determine-if-i-am-eligible-to-adopt-a-child/ Timesharing like physical custody refers to how following a divorce, a court allocates the time children spend with each of their parents. Custody and timesharing are often the most contested issues in a divorce. Utah no longer recognizes the term custody. Instead the terms timesharing and parental responsibility (link to rights and responsibility page) are the terms used to describe the legal relationship between a child and his or her parent. Both parents will have time sharing with the child unless the court finds that shared parental responsibility would be detrimental to the child. Evidence that a parent has been convicted of a misdemeanor of the first degree or higher involving domestic violence creates a rebuttable presumption of detriment to the child. This is unusual and parents can still be entitled to “supervised time sharing,” even if they are not awarded traditional time sharing. Majority Time SharingA majority time sharing arrangement refers to when one parent has a majority of overnights (50.1% or more) with the child during the year. The parent with the majority of overnights is commonly referred to as the primary residential parent. For example, if throughout the year, the child stays with the mother for 4 nights every week, but with the father every weekend, then the mother has majority time sharing. Equal Time SharingAn equal time sharing arrangement refers to a scenario where both parents have an equal number of overnights during the year. An example of this would be if the child alternates which parent they stay with every other week. This is generally less common than a majority time sharing arrangement. Supervised Time SharingIn rare and extreme cases, when there are allegations or prior instances of family violence, child abuse, neglect, untreated severe mental health disorders, drug abuse or alcohol dependence, a judge may decide that a third person should be present for any visits between a parent and child. This arrangement is referred to as supervised time sharing. The court can order supervised visitation by family members/friends or via formal supervised visitation programs. When it is a formal supervised situation, these third parties are often social workers or other qualified professionals who monitor the physical and emotional well-being of the child during visitation. In most cases, the supervisor will sit quietly through the visit while taking notes. The monitor will only interrupt the visit if it becomes necessary to protect the safety of the child or the parent. Normally, supervised visitation and the manner in which it is to occur is court ordered. However, if there is an agreement, the parents may choose which family member, friend, provider or agency will facilitate the supervised visitation. The cost associated with the utilization of these services is not borne by the court or any other government agency. Thus, the parent seeking visitation normally must assume the costs unless the parents come to some other arrangement. Additionally, the time sharing agreement will likely contain restrictions on communication with the child outside of the visitation and transportation restrictions with the child during the visit. Before a divorce can be finalized for parents with a minor or dependent child, a Parenting Plan must be created to govern the time sharing and parental responsibility agreements between the parents. The Parenting Plan will transcribe in specific detail the rights, responsibilities, time sharing schedule, and decision making ability for each parent. Parenting Plans are designed to anticipate any issues that could arise with the child and avoid any future conflicts between the parents. Parents are encouraged to agree to and formulate their own Parenting Plan. However, if the parents cannot agree to a Parenting Plan or if the court will not approve their plan, a Parenting Plan will be created by the court. Parents are encouraged to agree to and formulate their own Parenting Plan. At a Minimum, What Must a Parenting Plan Include? What Does a Normal Parenting Plan Typically Include?Parents- The plan must include the name, address, phone number, and email of each parent. School Calendar- The plan will include the date on which both parents should obtain a copy of the upcoming year’s school calendar. Additionally, the plan will dictate which child, county, or school’s calendar to follow. Time Sharing Schedule-The plan will dictate the time sharing agreement for both parents in specific detail for weekdays and weekends. Additionally, the plan will transcribe in yearly detail which holidays the child (ren) will spend with each parent. Furthermore, the plan will transcribe the time sharing schedule for the child (ren)’s winter, summer, and spring breaks. It will detail whether one parent will have the child (ren) for the entire break, whether the child (ren) will split time between parents, or if the normal time sharing schedule will continue as usual. Lastly, the plan will list the number of nights each parent will have with the child (ren) per year. Exchange of Child (ren)- The plan will explain that both parents shall have the child(ren) ready on time with sufficient clothes packed and at the agreed upon time of exchange. The plan dictates that if a parent is late past a certain minute limitation without contacting the other parent to make other arrangement, the parent with the child (ren) may proceed with other plans and activities. Additionally, the plan shall describe where the exchange shall take place. Foreign and Out of State Travel-The plan will lay out whether either parent may travel within the U.S. with the child(ren) during their time sharing and how many days’ notice prior to the trip, the parent will be required to give notice. Additionally, the plan will detail whether either parent may travel out of the country with the child (ren) during their time sharing and how many days prior to traveling they will be required to provide a detailed itinerary of the trip to the other parent. Education-The plan will transcribe which parent’s address shall be designated for school boundary determination. If applicable, the plan will detail any other provisions regarding private or home schooling. Are your Children at Risk?In contested cases, it is not unusual for the following scenarios: What are the Best Interest Factors that the Court Considers?The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required. The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity. The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child. The moral fitness of the parents. The mental and physical health of the parents. The home, school, and community record of the child. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference. The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things. The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime. The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child. Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child. Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect. The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties. The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities. The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse. The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child. The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs. Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule. *This factor is a catch all, in which the court may consider anything else that it deems to be relevant to child’s best interests. What Other Methods May the Court Use to Determine Time Sharing?When parents are unable to agree on a time sharing schedule, the court may order a social investigation by a mental health professional to help guide its determination about the child’s best interests. The purpose of the study is to better provide the court with relevant information about the child and parental situation that may not have otherwise been revealed in court. Additionally, to determine the best interest of the child, the court may appoint a Guardian Ad Litem (GAL) to act as “next friend of the child, investigator, or evaluator, but not as attorney or advocate.” The GAL is endowed by the court with the “necessary powers, privileges, and responsibilities” to promote the child’s best interests. This includes the power to investigate the allegations affecting the child and interview the child, witnesses, or other persons with relevant information about their welfare. The Importance of Determining Parental ResponsibilityParental responsibility under Utah law dictates how important decisions will be made on behalf of the child, such as those decisions relating to the child’s educational, medical, and religious needs. Courts prefer to give shared parental responsibility among both parents so that they both play a role in making such decisions, but courts can also award sole parental responsibility to one parent. As with time sharing plans, courts will approve parental responsibility arrangements that the parents voluntarily reach on their own (which often occurs with the assistance of attorneys in negotiating such arrangements), but will create and impose its own arrangement based on the best interests of the child when the parents cannot agree. Courts will generally award shared parental responsibility unless one parent is unable to provide fit guidance in a child’s life, for reasons such as not being present in the child’s life, a history of domestic violence, or drug and alcohol issues. In such cases, sole parental responsibility may be ordered. Why Is It Important To Have A Time-Sharing Schedule?When the estranged parents do not agree on the amount of time (if any) the other parent should have with the child, a set-schedule will be very helpful. Note that it’s imperative to petition the courts for a court order that details exactly when each parent is able to have custody of the child. By doing this, both parents are bound to the agreement. What To Expect When Both Parents Do Not Agree To The Parameters Of Time-SharingLet’s face it, when a separation becomes muddled, parents tend to shuffle the kids around. Ultimately when entering the court system regarding this type of case, you will have to accept the court’s ruling. If there is still unease as to the schedule for custody, you can submit a supplemental petition. Although, in most cases, there will have to be a change in circumstances to have your motive determined. How Is Time-Sharing Calculated?Each parent’s work schedule, availability, and financial situation will determine time-sharing (child custody). The court will base it’s decision on what arrangement will create a stable and healthy environment for the child. If both parents have similar lifestyles (work schedule, pay scale, etc), then time-sharing will be similar as well. For example, in a 50/50 split, the agreement will often not include child support. If the majority of the custody is given to one parent, then there will be an increase in the amount of child support the non-custodial parent will have to contribute. When dealing with time-sharing, remember that the child comes first. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post What Is Time Sharing? first appeared on Ascent Law, LLC.
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What Is The Difference Between Annulment And Divorce? What Is The Difference Between Fault And No Fault Divorce? What Is The Process For Obtaining Child Support? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-is-time-sharing/ Financially supporting a child is a significant legal responsibility for any two parents, no matter their relationship status. Child support is a way of ensuring that each parent’s financial share of raising the child is fair and equitable. The purpose of child support—a series of ongoing, regular payments by one parent to the other for the benefit of the child—is to maintain a consistent standard of living for the child regardless of which parent has primary custody of the child. Both parents are supposed to contribute to the best of their ability until the child becomes an adult. How Much Child Support You’ll GetEvery state has guidelines for determining child support. For example, in some states, courts determine the amount of support a parent should pay by simply using a percentage of the parent’s income. Other states’ calculations are more complicated. For example, some states evaluate each parent’s income and expenses, the amount of time each parent spends with the child, and the number of children that the parents are legally obligated to support. What to Do When You Agree With Your Spouse on Child SupportWhen parents agree they are both legally responsible for a child and are willing to work together, they can often formulate their own plan for child support. Most states have approved child support calculators online that parents can easily access to determine the right amount. Zero Support AgreementsNote that because child support is considered to belong to the child, a court or child support agency typically won’t approve an agreement for zero support unless there are extraordinary circumstances. A judge won’t, for example, okay any agreement where child support was used as a bargaining chip, as where one parent agrees to waive child support in exchange for the other parent agreeing to a certain custody arrangement. On the other hand, if, for example, one parent is medically unable to work and as a result can’t provide any financial support, the court might find this to be a good reason to approve an agreement for zero support. Using Mediation for Child SupportIf you and the other parent are trying to work out child support but can’t agree on a final number, child support mediation might help. In child support mediation, a neutral third party guides the parents through a discussion of the child support guidelines and how they apply to the parents’ situation. Finalizing Your Child Support AgreementWhether you negotiate on your own or get help from a mediator, after you and the other parent agree, you’ll need to present the final child support agreement to the court or the state child support agency for approval. Once the agreement is approved, it will be converted into an order to make matters formal. Don’t neglect to have the agreement entered as an order: Even though you might be on good terms now, making it official is the only way to ensure both parents continue to comply should the relationship turn sour. How Do I Apply for Child Support?The process for applying for child support depends on whether you were ever married to your co-parent. Who Will Decide Child Support in Your Situation—a Court or an Agency?When you’re divorcing the other parent, a state court will make child support decisions as part of the divorce. When you’re not married to the other parent, though, child support orders and enforcement can be handled by the state courts, a state agency, or both. How to Apply for Child Support When You’re Getting DivorcedIf you are getting a divorce from your co-parent, you’ll need to ask the court to evaluate support in your divorce petition (request). Here’s how that process usually goes. 1. Separate From Your Spouse 2. Request Child Support in Your Divorce Petition 3. Provide Financial Information to the Court 4. Appear in Court if Necessary How to Apply for Child Support When You Aren’t MarriedIf you never married your child’s other parent or got divorced without a child support order in place, you’ll need to apply for a support order. Each state has its own procedures for applying for child support in this kind of situation. For example, in some states you might have the option of applying directly to a state agency while in others you might have to get a court order for support. Your state’s child support enforcement program is the best source of information about how to apply. Step 1: Open the Case Step 2: Locate the Parents Step 3: File a Summons & Complaint Step 4: Establish Legal Parentage Step 5: Create a “Stipulated Agreement” Step 6: File the Support Order Step 7: Make or Receive Payments Step 8: Enforcing the Order Also, by Utah state law, unpaid court orders get charged 10% interest. As a last resort, civil contempt charges may also be filed. If you have trouble paying your child support, talk to your local agency right away. There are programs available to help parents who are trying in good faith to pay their support. Step 9: Modify the Order (if changes are necessary) Step 10: Closing the Case Essential Child Support DocumentsWhether you’re filing for child support services for the first time, requesting an official child support modification, or just updating your current contact information, as the petitioner, you’ll want to have the following documents ready and available. • A valid photo ID, such as your driver’s license or up-to-date passport Depending on the method and the status of your application, you will either submit scanned copies of these documents securely online or print or mail or drop off paper copies to your local child support office. Some states require original documents. Again, check with your local office for specific guidelines in your area. Helpful Child Support DocumentsThere are a number of additional documents that may also be helpful when you file for child support. If the following are available and pertain to your child support case, you should plan to bring them to every appointment at your local child support agency or have them handy if you are completing an online application: • Proof of paternity, such as an affidavit or the results of a DNA test If you’re paying child support and you’re on the basic rate of child maintenance, the amount you pay will depend on the number of children you’re being asked to pay for. The figures below assume that your children stay with the parent who receives child maintenance all the time. • One child, you’ll pay 12% of your gross weekly income How Shared Care Affects Child SupportMany parents decide to share the care of their children. If your children spend some time with the paying parent, this will reduce the amount of child maintenance he or she pays. There are different ‘bands’ which determine how much child maintenance is reduced by. The amount of child maintenance is reduced for each child who spends time with the paying parent. If over the year your child is with the paying parent between: Paying For Children From Another RelationshipIf the paying parent’s gross weekly income is between £200 and £3,000, and they pay child support for other children, this is taken into account when working out how much they should pay. The Child Support Service simply reduces the amount of weekly income that it takes into account. For example, if the paying parent is paying for: • One other child, their weekly income will be reduced by 11% Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post What Is The Process For Obtaining Child Support? first appeared on Ascent Law, LLC.
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What Is The Difference Between Alimony Spousal Support And Child Support? What Is The Difference Between Annulment And Divorce? What Is The Difference Between Fault And No Fault Divorce? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/what-is-the-process-for-obtaining-child-support/ The concepts of a fault and no-fault divorce are state-specific and country-specific. If you aren’t sure of the laws in your jurisdiction, your best course of action is to first speak with an experienced divorce lawyer who can review the laws of your state, how they apply to you, and the best legal options going forward. When a spouse petitions for divorce, he or she usually has two options. He or she can either ask for a divorce based on no-fault grounds or he or she can file based on fault-grounds. The option he or she chooses depends on the state laws where he or she lives and the particular circumstances of the case. The difference between fault and no-fault divorce can be substantial and which one applies to you depends on where you live. This article examines the differences and the grounds that are accepted to prove who was at fault for a divorce. No-Fault DivorceA no-fault divorce refers to a type of divorce in which the spouse who is filing for divorce doesn’t have to prove any fault on the part of the other spouse. All states recognize no-fault divorce, but as of 2021, only 19 states are “true” no-fault divorce states. The only option you have for filing is no-fault. The reason given by parties seeking a no-fault divorce is “irreconcilable differences” or an “irreparable breakdown of the marriage.” The spouse receiving the divorce petition cannot object to the other party’s petition for a no-fault divorce. That objection itself can be viewed by the court as an irreconcilable difference. Usually, these states require that the spouses live separately for a designated period of time before either party can file for divorce. Fault DivorceFault divorces are not as common. When a spouse requests a divorce based on some fault of the other spouse, the “matrimonial offenses” that are commonly given as grounds for divorce are: Cruel and Inhuman TreatmentThis term is defined under state law. However, it usually requires more than simple misconduct or incompatibility. Instead, the conduct must usually be to such an extreme that continued cohabitation threatens the other spouse’s physical or mental health. Ongoing physical or emotional abuse may be proof of this ground. AdulteryAdultery is a common fault-based ground for divorce. However, state law may vary on what is considered adultery. For example, some states specify that adultery involves the physical act of sexual intercourse in order to qualify as such. Adultery is often proven with circumstantial evidence, such as showing that a spouse and a third party were romantically attached and had the opportunity to commit adultery. Judges must often decide whether or not adultery has occurred by the totality of the circumstances. There are specific defenses to adultery, such as being guilty of the same conduct or forgiving the conduct and resuming sexual relations with the adulterous spouse. The state statute may allow for fault-based divorce if a spouse is incarcerated for a specific amount of time, such as over one year. InsanityIf a spouse is confined for mental illness for a certain period of time in accordance with state law, this may be grounds for divorce. AbandonmentAnother fault-based ground that may be recognized by the state is abandonment or desertion. The statute regarding this ground usually specifies the amount of time that has lapsed since the spouse abandoned the other, usually for a year or more. Abandonment occurs when one spouse voluntarily leaves the other with the intent to desert him or her. The clock on the required timeframe begins once the spouse has abandoned the other. Reconciling and then parting ways again may or may not defeat this ground, depending on state law. Substance AbuseSome states allow for fault grounds based on habitual drunkenness or drug addiction. ImpotenceIf one or both partners are not able to perform sexually, the state may allow this reason for divorce. Benefit of Proving FaultIn some states, proving fault can impact the financial outcome of a divorce. For example, if a judge finds that a spouse commit adultery and used marital assets to supplement a lover’s lifestyle, he or she may consider this fact when determining how to distribute property or how much alimony to award. In some states, a spouse is ineligible for alimony if he or she committed adultery or was proven to be abusive in the relationship. When you file for divorce, you’ll have to indicate on your divorce petition the reason why your marriage is ending—the “grounds” for the divorce. In some states, divorcing spouses have the option of filing either a “fault-based” or “no-fault” divorce. Other states allow only no-fault divorce. A key difference between fault and no-fault divorce is that spouses filing a fault divorce are typically not required to live apart for a specific period of time before filing. In some states that recognize fault divorce, establishing fault can result in a larger distribution of the marital property or granting of alimony to the spouse that was not at fault. In other states that require or allow fault divorce, fault is not a factor in the property settlement decision at all. These two characteristics make a fault divorce more attractive to some people. Fault Divorce: Comparative RectitudeWhen both spouses seek a fault divorce and can both prove the other spouse was at fault, the court decides which one is least at fault. That party will be granted the divorce. This is called “comparative rectitude.” This doctrine was created to address the problem of courts granting neither party a divorce if they were both at fault. Courts have a policy of not forcing people to stay married if they don’t want to be. Fault Divorce: DefensesUnlike a no-fault divorce, a spouse can object to a fault divorce. They must disprove the fault by presenting a defense. These are common fault divorce defenses: Connivance is an absolute defense to adultery. Connivance alleges that the complaining spouse agreed to and even participated in the adultery or created the opportunity by enticing someone to seduce their spouse. Condonation is a claim that the other spouse knew about the problematic conduct, forgave that conduct, and resumed the marital relationship. This is typically used to defend against an adultery accusation. Recrimination is when the complaining spouse is equally at fault or engaged in similar conduct. For example, if both spouses had affairs, neither one would be able to use adultery as grounds for a fault divorce. Provocation is when one spouse provoked the other spouse to act in a certain way. For example, where one spouse abuses the other spouse, that may have forced that spouse to leave the marital home. The abusive spouse would not be able to use abandonment as grounds for divorce, since it was his or her abuse that caused the other spouse to leave. Proving any of these defenses can be costly and time-consuming. It often involves the use of witnesses. Furthermore, courts have a policy of granting divorces to people who ask for them, despite defenses given by the other spouse. These reasons typically deter people from attempting defenses. Fault and No-Fault Divorce: Residency RequirementsMost states have a residency requirement that determines who is eligible to file for divorce in that state. Usually, at least one of the spouses must have been a resident of a state for six months to one year in order to file for divorce there. Washington, South Dakota, and Alaska have no required length of time. To file in one of those states, you merely need to be a resident of that state at the time you are filing. It’s in your best interest to file for divorce in the state where you live. The court that orders the divorce decree is the court that has jurisdiction for all future changes to court orders. For example, you and your spouse receive a divorce in Utah. Three years later you want to move to Utah for a job opportunity. You want to revise your child custody arrangement. You will need to take your child custody case to the Utah court that granted the initial divorce because that court has exclusive, continuing jurisdiction over the divorce and child custody order. (If you are given permission to move your child to a new state, jurisdiction may be transferred to that state.) Validity of Divorces across StatesCourts of all states honor the decisions made by courts in other states because the Full Faith and Credit Clause of the U.S. Constitution requires it. Therefore, going back to the preceding example, if your spouse files in Utah, this divorce and all of the court orders related to it, apply to you in your Missouri home. The validity of a state court’s decision comes into question when one of the spouses is not a resident of the state at the time of the divorce proceeding. The court may not have personal jurisdiction over the nonresident spouse. A lack of personal jurisdiction means that although the divorce decree may be valid, other related decisions, such as child custody, support, and property division, may be invalid. If you receive papers from a foreign country, there are many jurisdictional issues, such as what country is involved, where the spouses live or have lived, and where the children (if any) live. The reasons why spouses choose fault-based divorce vary. Some people don’t want to wait out the period of separation required by their state’s law for a no-fault divorce. And, in some states, a spouse who proves the other’s fault might receive a greater share of the marital property or more alimony. For many, though, the choice might be prompted by hurt feelings. No matter what the reason for choosing a fault-based divorce, though, these divorces tend to be more expensive, as many spouses choose to hire a lawyer to help them present their evidence and convince the judge of their arguments. Do I Have to Live in a State to Get a Divorce There?All states have a residency requirement that one or both spouses must meet to be eligible to file for a divorce. Often, states require the filing spouse to be a state resident for at least three months or even as long as a year. The filing spouse must provide proof of residence for the required length of time. Only a few states have no time requirement for resident status (being a resident at the time you file is enough). If you think that your spouse might file for divorce in another state, consider trying to be the first to file—in your own state. Rarely is a divorce settled in one court appearance, and if your spouse files elsewhere, you could rack up a lot of traveling expenses. Also, after the divorce is over, you must file any modifications to the divorce decree, including the property settlement agreement and arrangements for child custody and support, in the state that heard your divorce, which could require you to travel out of state for years to come. Can a Court Enforce an Out-of-State Divorce?If one spouse meets the residency requirement of a state or country (such as having lived there from six months to a year), a divorce obtained there is valid, even if the other spouse lives somewhere else. The courts of all states will recognize the divorce. However, a court’s decisions regarding property division, alimony, custody, and child support might not be valid unless the court had jurisdiction over (the legal power to make decisions about) the nonresident spouse. The nonresident spouse falls under the court’s jurisdiction when: Which should you choose: fault or no-fault divorce?In Utah nowadays, almost all divorcing spouses file on grounds of incompatibility. There are very few fault divorces granted in Utah anymore. This is because the process of fault divorce and no-fault divorce is largely the same. So, usually, there is no advantage in filing for a fault divorce. In the few fault divorces I have seen, it seemed that the filing spouse was asserting fault grounds just so she could get embarrassing gossip into the public record. This type of legal drafting is spiteful and petty. I would never advise a client to file a divorce petition in this manner. Nevertheless, there are a few minor advantages you may gain by filing a fault divorce. For example, in most divorces with minor children, you have to wait ninety days after filing the petition before your divorce can be finalized. However, the ninety-day waiting period does not apply if you file for divorce for any of the following grounds: If you file for divorce on any of these grounds, your waiting period is thirty days. These fault grounds don’t matter if there aren’t children of the marriage. If there are no children, your waiting period is ten days, regardless of whether you file on fault grounds or not. In any divorce case, you may finalize your divorce in less time than the waiting period if there is an emergency. This is true whether you file on fault grounds or no-fault grounds. Another difference between fault and no-fault divorce in Utah is that in a no-fault divorce, if you have children, a judge must order you and your spouse to attend a class on helping children cope with divorce. In a fault divorce, the judge is not required to order you to attend such a program. However, the judge still has the option of ordering you to attend such a course if you file for a fault divorce. The bottom line: There’s rarely any advantage to filing a fault divorce in Utah. A disadvantage of filing for fault divorce is that you will have to present evidence and prove to a judge’s satisfaction that your spouse has committed the fault you allege. You don’t have to present any evidence of fault if you file on grounds of incompatibility. Because it takes time to present evidence of fault, filing for fault divorce merely adds extra unnecessary time to your case. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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