Magna is a census-designated place (CDP) and township in Salt Lake County, Utah, United States. The population was 26,505 at the 2010 census, a moderate increase over the 2000 figure of 22,770. Settlement of the area began in 1851 shortly after the Mormon pioneers reached the Salt Lake Valley. Early farmers settled in 1868 at the base of the northern Oquirrh Mountains and called their community Pleasant Green. By 1900, there were about 20 families in the area. One of the first Pleasant Green pioneers was Abraham Coon, who established a livestock ranch and settlement called “Coonville” in a canyon mouth at about 5400 South. The canyon is now known as Coon Canyon, and Coon Creek flowing out of it, is one of the major Oquirrh Mountain drainages. Coon Creek flows north and west through Magna to the Great Salt Lake. The Pleasant Green Cemetery located in the Oquirrh foothills, at about 3500 South, was established in 1883. In 1890, in response to a law requiring all children to receive free public education, the first school was built in the community. The process for Magna to become a township took over 10 years. Growth and development continue to define Magna. The west bench plan will have a major impact on the future of Magna. Kennecott Land plans major development in the areas immediately surrounding Magna. The area west of Magna along I-80 is currently slated to become one of 2 major “urban centers” for Kennecott Land’s west bench development plan. The Historic Main Street underwent a major remodel in 2006. Main Street has also become a popular location for film makers. Including the Disney Corporation and films such as Disney Channel’s TV movie, Dadnapped, and some of the Halloweentown movies filmed on Magna Main Street. According to the United States Census Bureau, the CDP has a total area of 7.4 square miles (19 km2), all of it land. The community lies just to the northeast of the Oquirrh Mountains and is directly south of the Great Salt Lake. How Does Adultery Affect A Divorce?Adultery is grounds for divorce in Utah. However, in order to obtain a Decree of Divorce, you need only establish that you and your spouse have irreconcilable differences. This no-fault divorce law allows parties to get divorced for virtually any reason. Establishing adultery will not help you get divorced faster or otherwise alter the divorce process. Infidelity rarely alters the outcome of a divorce in any significant way. However, when the court divides marital property and awards alimony, adultery may help tip the scales in favor of the non-offending party. Utah courts are instructed to consider all relevant facts and equitable circumstances. In addition, Utah courts are permitted to consider fault when calculating alimony. Adultery may also impact custody and parent-time decisions. Past moral conduct is one of the factors the court may consider in determining who should be deemed the primary custodial parent. Moreover, Utah courts strive to place children in the most stable environment available. New relationships that have not withstood the test of time place the child at risk of further change in the future. Long hours spent away from the marital home may indicate to the court a lack of bond between parent and child and an inability to place the child’s needs above personal needs. Understanding the Types of Divorce in UtahEvery state, including Utah, offers the option of a “no-fault” divorce, which allows one spouse to file for divorce without proving that the other spouse is to blame for the insolvency of the marriage. The Utah Courts will accept that the couple has “irreconcilable differences” or that their relationship has suffered an “irremediable breakdown” as a valid purpose for filing a divorce petition. Depending on your unique personal circumstances, the difficulty may come in the form of divorce that follows the petition. In the State of Utah, there are three types of divorce: Uncontested Divorce in Magna, UtahA contested divorce is a complicated approach to dissolving a marriage whereby the spouses disagree on the terms of their divorce, stalling its finalization. Residency and Filing RequirementsIn order to file for a divorce in Utah, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The court may decree dissolution of the marriage contract between the petitioner and respondent where the petitioner or respondent has been an actual and bona fide resident for 3 months of this state and of the county where the action is brought. This also applies to members of the armed forces of the United States who are not legal residents of this state, where the petitioner has been stationed in this state under military orders. Unless the court, for good cause shown and set forth in the findings, otherwise orders, no hearing for decree of divorce shall be held by the court until 90 days shall have elapsed from the filing of the complaint, provided the court may make such interim orders as may be just and equitable. The 90-day period shall not apply in any case where both parties have completed the mandatory educational course for divorcing parents. Grounds for FilingThe Petition for Divorce must declare the appropriate Utah grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows: The court may decree dissolution of the marriage according the following grounds: d) Willful neglect of the respondent to provide for the petitioner the common necessaries of life; Property DistributionSince Utah is an “equitable distribution” state, the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award. All of the spouses’ marital property is divided equitably upon divorce. The court will examine each case on an individual basis and determined an appropriate property award based on what is fair to each spouse. Neither spouse is personally liable for the separate debts, obligations, or liabilities of the other: Spousal Support In Magna UtahNot all cases involve support from one spouse to the other. The obligation of one spouse to support the other financially for a temporary or permanent basis is decided on a case-by-case basis as agreed to by the parties or at the court’s discretion. When the parties cannot come to an agreement, the court shall consider at least the following factors in determining alimony: Magna Utah Child CustodyWhen minor children are involved in a divorce, the Utah courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion. In determining whether the best interest of a child will be served by ordering physical custody, the court shall consider the following factors: 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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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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