A divorce decree is the final step in the court proceeding for your divorce. It contains important information about the court’s decision. A divorce decree is not the same thing as a divorce certificate, and the two documents have different purposes. The divorce certificate is issued by your state for record-keeping purposes, as opposed to the divorce decree, meaning a final, enforceable order by the court that you and your spouse must follow. It resolves all of the issues that were part of your divorce. When Is a Divorce Decree Issued In Kearns, UtahA divorce case can drag on for months (and even years in some cases!), so finally getting to the end of the process is a long-awaited step. After you have had your trial, or after you and your spouse have agreed on and submitted a settlement to the court, the court makes a final decision. If you have a trial, the judge weighs all of the evidence and testimony and makes decisions related to granting the divorce: custody, alimony, child support, and property division. All of these decisions are written out in the divorce decree. The decree is a binding legal court order that says what you and your spouse must do moving forward. If you settle your case, your settlement is submitted to the court in writing or it is spoken into the record at the courtroom. The judge then reviews what you have agreed on and decides if it is fair and in accordance with the law. If so, the court issues a decree that includes all the terms of your settlement. This becomes a binding court order. When Is a Divorce Final?Your divorce is final on the day the court signs the decree. You normally will receive it a few days later, since it is sent to your attorney, who will then send you a copy. You are legally divorced as of the date the decree is signed. This means you become a single person on that date because your marriage is legally over. What Is a Divorce Certificate?A divorce decree is the complete court order ending your marriage, with all the details about how property is divided, how you will share time with your children, and what, if any, child support is granted. It also states why the marriage is being dissolved. If there are any problems in the future with your ex not following the court order, you will refer to the decree, since it states what each is required to do. If there is noncompliance, you can go back to court to enforce the terms of the decree. Complications and Income DisparitiesIn some cases, a husband may unnecessarily complicate a divorce action, thereby requiring the wife to incur additional attorney fees. For example, the husband purposefully undervalues assets or hides income to impact property division and spousal support. A judge may award the wife attorney fees because she incurred additional costs that would not have been necessary had the husband not engaged in bad faith and wrongdoing. Income disparities are another factor a judge may take into account when considering a wife’s motion for payment of attorney’s fees and costs. For example, if a wife has little to no income or assets or if she stayed at home to raise a family while her husband worked, she likely does not have the money to hire an attorney. A judge may order her husband to pay her attorney fees so that she is guaranteed sound legal representation during the divorce process. Access to PropertyIn every divorce, your marital assets—the property that you and your spouse acquired during the marriage are distributed as equally as possible. Because of this, the judge can order that the husband pay the wife’s attorney fees as an advance on the amount of property she will receive in an equitable distribution of assets. When considering a motion to request payment of attorneys’ fees, a judge may consider the totality of a wife’s income vs. assets and expenses, the complexity of the case, and the attorney’s fees already incurred. In most cases, if a wife has access to property or income, a judge is not likely to order the husband to pay for her attorney fees. If a wife has the ability to pay an attorney for advice, a judge typically leaves that financial obligation to her and does not place it on the husband unless there are other factors to influence that decision, such as a gross disparity in assets or whether the husband has been hiding assets or otherwise unnecessarily prolonging the process. Also, the court does not award the payment of attorney fees and costs in a divorce action entirely on gender. If a wife earns more income than her husband, has access to greater assets, or unnecessarily complicates the divorce action, a judge could order that the wife pay the husband’s costs for the divorce. A divorce proceeding can be expensive, especially if the parties do not agree on issues such as child support, alimony, custody, and property division. Each divorce action is unique, and divorce laws vary by state. A judge considers a motion for attorney fees and costs based on the facts in the case and the state’s specific divorce laws. Benefits of Filing For Divorce First?Many divorce attorneys argue that there really is no advantage to filing for dissolution (divorce) first, however, we believe that it depends on your individual circumstances. In general, there are certain financial and legal benefits to being the first to file for divorce. Filing For Divorce In Kearns, UtahKearns, Utah is a “no-fault” divorce state. This means that the only reason you need to file for divorce is “irreconcilable differences.” You must live in Kearns, Utah to file for a divorce there, and the divorce must be filed in the county in which you or your spouse lives. The Rules for Alimony In Kearns, UtahThe rules for alimony or spousal support vary slightly depending upon the state in which the couple lives. However, as a general matter, alimony can be ordered to be paid by either spouse. This means a wife could pay alimony to her ex-husband or vice versa. Whether or not alimony will be ordered from one spouse to another depends on the ability of each spouse to provide himself with a standard of living similar to that enjoyed during the course of the marriage. In other words, if one spouse either doesn’t work or makes significantly less money than the other, the wealthier spouse may have to provide maintenance/support money to the less-wealthy spouse. An alimony order may be either temporary or permanent, which means that the alimony could have to be paid indefinitely after a divorce or on a limited basis. Remarriage and Alimony in Kearns, UtahWhen a couple gets divorced in Kearns, Utah the court will sometimes order one spouse to pay the other “alimony,” or payments of financial support. When the spouse who receives alimony payments (the “supported spouse”) gets remarried, however, he or she may no longer need financial support. Also, the spouse paying alimony (the “paying spouse”) will likely want to end alimony payments once the ex has a new spouse in the picture. In Kearns, alimony, also called “spousal support” usually takes the form of monthly payments from one ex-spouse to the other; either for a specific period of time or until certain events occur. Alimony may also be paid in a lump sum, by a transfer of property, or by direct payment of other expenses (such as a mortgage). Courts will award alimony to provide monetary assistance to a low-earning or unemployed spouse, based on each spouse’s financial circumstances. Many types of alimony or short term and have a clear end date. Some couples spell out a date upon which alimony will end in their marital settlement agreement and/or court order. If there is no mention of a termination of alimony in a settlement agreement or final court order, then alimony may continue until the death of either party. Impact of Remarriage on Alimony in Kearns, UtahIn Kearns, the obligation to pay alimony automatically ends when the supported spouse gets remarried. Even if the paying spouse voluntarily continues to pay alimony after the other spouse gets remarried, there is no legal obligation to continue paying alimony. If the supported spouse’s remarriage is annulled (because the remarriage was void due to the new spouse’s bigamy, coercion, insanity, and so on), the court can decide whether alimony should begin again, based on what is fair to both spouses. If your agreement states specifically that alimony will continue to be paid regardless of whether the supported spouse gets remarried, you will not be able to modify or end alimony. Also, if your agreement provides for alimony in a lump sum or transfer of property, the supported spouse’s remarriage will have no effect on the alimony agreement. Termination or Modification of Alimony in Kearns, UtahWhen a supported spouse gets remarried, alimony ends. However, if a supported spouse is simply living with someone else, or has an increase in income, the paying spouse needs a court order to lower or end alimony payments. If you are paying alimony and your ex-spouse is living with someone else or has increased income, you should ask your ex-spouse to agree to lower or end alimony by agreement. You can sign an agreement and file it with your divorce court to modify or terminate alimony. If you would like to modify or terminate alimony, but your ex-spouse won’t agree, you should file a motion to modify or terminate alimony with the court that granted your divorce. You’ll need to state how circumstances have changed and why that warrants a modification or termination of alimony. For example, your spouse’s increase in income, your spouse’s lowered needs, or your spouse’s living with another person in a romantic relationship may all qualify as a “change in circumstances” that the court can use to lower or end your alimony payments. Impact of Cohabitation on AlimonyUnder Utah law, there is a rebuttable presumption that alimony can be lowered, and possibly ended, when the supported spouse is cohabiting with a person of the opposite sex. The rebuttable presumption means that the court will presume alimony should be reduced or terminated unless the supported spouse can prove a continuing need for alimony payments after he or she begins living with someone of the opposite sex. If the supported spouse will not agree to lower or end alimony, the paying spouse can file a motion asking the court to order the change. The court won’t consider the income of the person with whom the supported spouse is living when deciding whether to lower or end alimony, only the supported spouse’s new financial circumstances. Cohabitation is more than a roommate relationship; it usually requires a personal romantic relationship. However, if the supported spouse is living in a roommate situation, the court may still decide that his or her need for support has decreased, and may still modify alimony. If you have additional questions, consult with a Kearns family law attorney. Kearns UT Divorce LawyerWhen you need to get divorced in Kearns, please call Ascent Law LLC 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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