My Wife Wants a Divorce But I Don't - What Do I Do?Nowadays one can find free divorce records, especially records that date far back. If you are looking for records that date back as far as the early 1900's you will be able to obtain these records on websites such as Ancestry.com and RootsWeb.com. However, this can be a challenging task as divorce was not a common factor way back then. In addition there many libraries that have local history rooms and vital records are kept their dating back centuries. One can also obtain such documents and records at your local county or state government building. If you are seeking any recent records then you can obtain these for no cost online or at your local county office. Divorce records are needed for various reasons. If you are getting married once again, you will need your previous divorce paper before you will be issued with a marriage license. These particular records are on public display and are available to whoever needs a record. Some records can be obtained free and other need to be paid for. The cost will depend on which state you reside in and which state you want a record from. For example the state of California charges $13 and New York City $10, and each state has its own cost for copies of public records. One of the most helpful resources when looking for vital records is the internet. One can go directly to the National Center for Health Statistics and obtain any information you require such as death and birth certificates, to marriage certificates and divorce documents from any state. There are hundreds of other helpful websites such as Akiba.com and SearchSystems.com as well as many others. These sites can help you obtain the documentation you need easily and efficiently. Yes they will charge a small fee and may be slightly more than the vital records department. However, it is worth it in the long run. If all the above fail you can then get a private investigator to do a search for you, as they have access to divorce records that are not available. This option is rather costly. This process is guaranteed success or no payment. Most divorce records are not confidential material making it legal to obtain a copy as well as do some research on this type of document. All you need is a computer and internet access and you can find the information you are looking for, although not 100% guaranteed. Family Law Attorneys are standing by call 1-800-564-2707 For more information click on these words here. The post Bluffdale Salt Lake County UT divorce lawyer near me appeared first on Utah Divorce Lawyer. via Utah Divorce Lawyer http://lawyerdivorceutah.com/utah/divorce-lawyer-consultation-fee-bluffdale-salt-lake-county-ut/
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Public Records - DivorceIntroduction Obtaining a divorce is almost always a difficult and complex process. This is especially compounded in the situation where the desire to divorce is not mutual between partners. In the event that one spouse wants a divorce but the other does not, is a divorce allowed? And how does the couple proceed? The answer to these questions depends largely on whether the couple lives in a "no-fault" divorce or a "fault" divorce state. "No-Fault" vs. "Fault" Divorce Each state's divorce laws will vary in terms of the requirements for filing a divorce. In general, the basic idea is that in a no-fault state, one spouse may file a divorce even if neither of the parties has committed a wrongdoing. In an "at-fault", or simply "fault" divorce state, the filing spouse must state specific reasons why the judge will grant a divorce decree. Here are some more features of no-fault and fault-based divorce options: "No-Fault" Divorce: The main feature of no-fault divorce is that the filing spouse does not need to prove any "fault" or wrongdoing on behalf of either person. They need not show any breach of a marital contract or transgressions of the law. However, some states require the filing spouse to state that the couple is "no longer compatible" or has "irreconcilable differences". Also some states require that the couple be living apart for a certain period of months or years before they can file for no-fault divorce. "Fault" Divorce: In this type of divorce, the spouse filing for divorce needs to show the other spouse was at fault in some way, either by breaching a marital contract or by certain actions, which may include:
As you can see, it is generally much easier to file for divorce in a no-fault state. Please take note that even if divorce has been filed in a no-fault state, it is common for the non-consenting spouse to take actions to delay the divorce proceedings. For example, they may refuse to sign required documents or even move their locations in order to make it difficult to contact them. So, while one spouse may be free to file the divorce papers, obtaining the actual divorce can be a lengthy process in itself. Residency Requirement and Contestations Whether the divorce is being made in a fault or no-fault state, one common administrative requirement is that the spouse who files for the divorce must establish that they are a resident of the state where they are filing at. The place of residence can make a huge difference as to the outcome of the case, since no-fault states are less strict than fault states with regards to their divorce requirements. In addition to delaying the divorce process, the non-consenting spouse may often have the option to contest the divorce. This is usually the case in an at-fault state rather than a no-fault state. If the contestation is done in a fault state, the non-consenting spouse will usually have to show that they did not breach the marital contract or that they did not do the actions that place them at fault (such as adultery or cruelty). Many no-fault states do not allow the other spouse to contest a divorce once it has been filed. More Issues- Notification and Publications Another common issue that arises in non-consent cases is the issue of notification. All states require that the filing spouse employ their best efforts to notify the other spouse that they are filing for divorce. This is done by officially serving them papers which include notifications of the divorce. This gives them a chance to respond if contestation is allowed. However, as mentioned before, it can often be the case that the other spouse cannot be contacted. This may happen for a variety of reasons; for example, if the spouse has moved and cannot be located. In such cases the courts allow what is called "notification by publication". Notification by publication is where the courts allow a spouse to notify the other party that they have filed for divorce through a local publishing company, usually in the "divorce" section of a newspaper. The person must place the ad in the newspaper stating that they have filed for divorce, and the other party usually must be named. The person filing is required to wait for a period such as 30 days for the other spouse to respond. If the non-consenting party does not respond to the publication, the filing party then obtains a letter from the newspaper verifying that the ad was in fact posted for the required time. The letter is submitted to a judge, who then continues with the proceedings. If the other party still has not responded, the judge will issue a default judgment, which will be sent to the other spouse. In such cases, the non-contesting spouse is not entitled to contest the default judgment, and the divorce will be final. Conclusion- Some Points to Remember As you have seen, filing for divorce is possible even if the other spouse does not consent. If you believe that you will be filing for divorce, it is in your best interest to retain a lawyer, who can assist you in preparing the necessary documents for filing in a timely manner. To recap, here are some points to remember when consulting with your lawyer: • The biggest factor in filing for divorce is whether your state is a no-fault or a fault state. Check to see what type of state you live in and if there are any other additional restrictions • If you live in a no fault state, inquire whether your state requires a period of separation before obtaining a no-fault divorce. New York is an example of a state that has such a requirement. • Regardless of what type of state you live in, filing must be made in your state of residency in a timely manner • The other party must be properly notified in order to be given an opportunity to respond or contest the filing if this is allowed. Family Law Attorneys are standing by call 1-800-564-2707 For more information click on these words here. The post Blanding San Juan County UT help with divorce lawyer appeared first on Utah Divorce Lawyer. via Utah Divorce Lawyer http://lawyerdivorceutah.com/utah/guardianship-lawyer-blanding-san-juan-county-ut/ Child Visitation Rights - How Adultery Affects Child CustodyMany people used to go to church and looked after their families. Today's statistics show that there are less people who do this and therefore the need for divorce lawyers has become widespread. Census data from 2010 reveals that break ups in rural areas are fast increasing and there is more need for these lawyers. Today it is more likely that a divorce attorney will have more clients in the rural areas than in the major cities. Beyond the big metropolitan cities there is a chance that these attorneys will attend to couples and families who are close to breaking up. Education is a very important reason why many people will be opting for these lawyers within the rural areas. The people in rural rarely have college degrees and this only means that they are not able to manage their marriages well thus break ups are a common scenario. The problem here is that one person will be more educated than the other. The result of this is that each partner will have a different perspective on issues and this usually creates friction. The emerging situation is one where each partner feels like the other partner does not understand them perfectly thus leading to separation. Today the issue of breaking up or divorcing is looked at as liberation by many people. In the past however this was looked at as a weakness and therefore everyone tried their best to hold it together. To make sure that people perceived them as strong enough many marriages in rural America tried as much as possible to keep the marriage alive. Trying to keep the marriage together meant that each partner tried to play their role fully. The man tried to make sure the lawn was well looked after while the woman tried to ensure that the family was clean. Those that attained an education began to realize that they had no reason to stay in the marriage. Many began to discover higher levels of self confidence and as a result divorce began to increase. The rural American society has increasingly began to need divorce lawyers and for this reason those who have attained higher levels of education have chosen not to get married altogether. While this was mostly attributed to the rural areas it has consistently come into the dwellers of the large metropolitan societies. The demand for more divorce attorneys does not exactly mean that people who go through a divorce now want to remain single for a long time. Those who at one point had a spouse but are now single are also looking to get back onto the dating scene and restart or rebuild themselves while getting into new relationships. Family Law Attorneys are standing by call 1-800-564-2707 For more information click on these words here. The post Big Water Kane County Utah divorce lawyer uncontested appeared first on Utah Divorce Lawyer. via Utah Divorce Lawyer http://lawyerdivorceutah.com/utah/what-do-divorce-lawyers-cost-big-water-kane-county-utah/ The Top Reasons For Divorce And How To Avoid ThemDivorce - How to rebuild your life - how to file for divorce Divorce should be considered as a last resort to fix a relationship problem. This type of procedure is very serious and it has to be a decision that is well thought out before attempting to start the process. You need to make sure that you are ready for this type of drastic measure in order to help your relationship get better. When you are filing for divorce, you will want to notify the court that you are going to proceed with the dissolution of your marriage. This is something that means you are not able to work the marriage out any more and you want to put it to an end. You will file a summons and petition the court in your county. Ultimately it is then in the courts hands and you will have to wait to hear when the actual hearing will be to determine the next step. Before you decide to file for divorce, you will want to choose the proper state and county to file your papers. In order to start your divorce proceedings, you will want to make sure that you are going to the right place first. You must make sure that the divorce is occurring in the county where you or your spouse lives. You must make sure that you are ready for the long haul in a divorce. You will find that the proceedings will go on until a conclusion is reached about all of the issues that are brought up. This can take a short time or a longer period of time depending on the issues and what each party is ready to do about it. There are going to be many different alternatives in a divorce proceeding. You will want to make sure that you are open minded and going in to the process with good intentions at the same time. You may have to go to court in order to figure out what is best for you and you family. You may have to talk to a judge and let them decide for you if you are not able to come to a resolution together. The judge will take into consideration everything that is said so that he can make the best decision for everyone that is involved in the proceedings. You may want to make sure that you are ready for this type of outcome to happen. You will probably find it to be necessary to hire and attorney to take care of the proceedings in your divorce. You will want to make sure that you are represented well so that you are not putting yourself at risk for coming up short in the end. You want have your message sent to the courts loud and clear so that you are able to make sure that your side of the story is heard. There are many factors that have to be decided in a divorce hearing and you want to do your best to have it ruled in your favor. The last thing that you should want to do is make the divorce a messy one. You should not want to make it hard for the other person just for spite. This is not a good idea because all it will do is add more stress on you and may even hurt your case. You want to make sure that you are doing what you can to make this procedure go as quickly and fairly as you can. That would be best for everyone involved including you and the family around you. Family Law Attorneys are standing by call 1-800-564-2707 For more information click on these words here. The post Blanding Utah how to get a divorce appeared first on Utah Divorce Lawyer. via Utah Divorce Lawyer http://lawyerdivorceutah.com/utah/divorce-lawyer-near-me-blanding-utah/ Public Records - DivorceAs the time modernizes, people getting surrounded by rules, laws and mostly needs a lawyer. A person practicing law is termed as lawyer and lawyers are of many types. Now a days, divorce has become a very important issue as it not only affects the couple but probably their children too. A divorce lawyer has great role in handling these cases which would be better to their clients. What does a divorce lawyer do? Variety of lawyer is available from criminal law to divorce law to patent law. They are known to the legal procedures through which they suggest and help their clients to resolve their problem by legal means. Education and licensing Divorce lawyers must graduate from law school where they learn about divorce law, family law and ethics. After graduating from college the law student must give a law examination through which they can get license to acquire their work on future. This license is only responsible for any lawyer of their genuine. DIVORCE It is the separation of marriage couple who don't want to stay together. It is the solution of failure of any marriage and it has many cause regarding fights, domestic violence, extramarital sex, midlife crisis, addiction like alcoholism, gambling etc. Many times divorce affects children's academic, schooling, mental depression as well. These are not only making trouble to the couples but also to their family, work and profession. Society might also face some problems of imbalance in the surrounding. DUTIES OF A DIVORCE LAWYER A divorce lawyer works on child custody, disputes, leases and trusts and they help their client in their respective problems. They mostly spend their time in gathering evidence drafting papers and filing documents in the court. They collect all the information and represent in front of the judge. They must have responsibility towards quick process and should not harass their clients by demanding more fees. SKILLS A divorce lawyer must be skilled at or focused on interaction with people to win confidence and respect from their clients. A trained profession, a divorce lawyer must be calm and sensible as their work might be strict towards the emotions and feeling. LEGAL ADVICE Married couples are advised to drop the decision of taking divorce and compromise to leave in peace so that no further conflicts would occur later. They are also informed about the child custody, property distribution to which more problems could occur and for this they should drop the idea. Family Law Attorneys are standing by call 1-800-564-2707 For more information click on these words here. The post Big Water Utah divorce with children appeared first on Utah Divorce Lawyer. via Utah Divorce Lawyer http://lawyerdivorceutah.com/utah/family-law-attorney-big-water-utah/ Child Visitation Rights - How Adultery Affects Child CustodyThe state of Utah has important guidelines and statutes concerning child custody and the making of a custody and visitation schedule. These laws are found in Title 30 of the Utah Code. Any parent who is involved in a custody situation needs to know these laws and decide how they impact the making of their personal custody and visitation schedule. Here is an overview of some of the statutes that parents may want to consider. 1. A joint custody schedule. Chapter 3, Section 10 of Title 30 contains information about how the state views joint custody. The state has a law that it considers a joint custody schedule in every custody case. This doesn't mean that joint custody is awarded in every case, only that the court will consider it. If either parent wants a shared custody arrangement, they need to make a plan that includes a schedule of parenting time and custody. They should also be prepared to explain how a joint schedule is in the best interest of the child. If a parent does not want this type of custody, they need to prove to the court that this type of arrangement is detrimental to the child. 2. How custody is awarded. The biggest part of the visitation schedule is which parent has custody and which parent has visitation. In Utah, if the parents agree on who has custody, the court will approve it. If the mother and father are not able to agree, the court will decide on the custody schedule. The judge will look at the moral character of each parent and will also choose the parent who is more likely to encourage the child to develop a relationship with the other parent. 3. Input from the child. Section 10 allows the court to consider the preference of the child when making the custody and visitation schedule. The opinion of the child is heard, but it isn't controlling nor is it the only factor that affects the schedule. The preference of children age sixteen and over is given more weight, but again, it doesn't mean that the schedule will reflect exactly what the child wants. Family Law Attorneys are standing by call 1-800-564-2707 For more information click on these words here. The post Bicknell Wayne County Utah best divorce lawyer appeared first on Utah Divorce Lawyer. via Utah Divorce Lawyer http://lawyerdivorceutah.com/utah/divorce-lawyers-near-me-bicknell-wayne-county-utah/ I love talking to new divorce clients. It’s one of my favorite things to do during the day. You see, when you help people for a living, there is this joy – this excitement, this feeling like you’ve done something good for someone. Okay, so – today I was asked the question:
The answer to this question is: YES! You should absolutely get your own bank accounts if you are getting divorced. In fact, if you haven’t yet separated, you should open your own bank account and transfer half of your joint bank account money into your own account. Why do this? The answer is because while you are married, you are entitled to one-half of everything that is jointly owned by you and your spouse. It isn’t stealing to take what is yours and put it into a different bank account. I have seen cases where one party – I’ve seen both husbands and wives – both spouses do this – where they go and drain the entire bank account and you are left within nothing! Not good. Don’t do that. Don’t stoop down to that level. If you have additional questions about getting a divorce lawyer in West Jordan Utah or any other area in Utah, you really should pick up the phone and call me. I promise I don’t bite and I might be able to help you. There is a no obligation free initial consultation. I hope this information has been helpful. Take care and we’ll see you soon.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5507 SEO by Jeremy Eveland #MikeAnderson The post I’m getting a divorce – Should I Get My Own Bank Account? appeared first on Utah Divorce Lawyer. via Utah Divorce Lawyer http://lawyerdivorceutah.com/asset-division-in-divorce/i-m-getting-a-divorce-should-i-get-my-own-bank-account/ Is it willful Desertion of the Petitioner if Nothing Happens in a Case for More than One Year?4/6/2017 In Utah Divorce Court – Is it willful Desertion of the Petitioner if Nothing Happens in a Case for More than One Year? – No, not really. Divorce in Utah can be complicated and difficult. Think of brain surgery. To the brain surgeon, it is normal and the brain surgeon does it everyday. But if you tried it, it would be difficult. The same analogy applies here. I do divorce work each day, every day, and so I know what needs to be done. Our office regularly does d So, to answer this question:
The answer is No. It’s not. The divorce court, could at any time, file what is called an order to show cause. An order to show cause from the divorce court is to find out why the case has not been prosecuted. If your spouse files a petition for divorce in a Utah court and does nothing, after some point in time, the judge will say it’s time to dismiss this case. A dismissal of the case means that the case is closed and if your spouse wants to file for divorce again, they would have to pay a new filing fee, file a new petition for divorce and start the entire matter over again. Let’s be honest – most people don’t let things sit around. However, if this has happened to you, the next step is to move the case forward. If you haven’t attended mediation yet, move the case to mediation. If you haven’t yet taken the divorce orientation and education class – do that. Do what you need to do to move the case forward — assuming of course you want to get divorced. Hey, we all need help sometimes. If you need help with your divorce case, give us call – we would love to assist you with your divorce case, child custody case, or family law matter. Thanks for visiting – until next time –
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5507 SEO by Jeremy Eveland and SEO San Diego The post Is it willful Desertion of the Petitioner if Nothing Happens in a Case for More than One Year? appeared first on Utah Divorce Lawyer. via Utah Divorce Lawyer http://lawyerdivorceutah.com/2017/04/06/is-it-willful-desertion-of-the-petitioner-if-nothing-happens-in-a-case-for-more-than-one-year/ Divorce Question: What if you building a house and now getting divorced Who gets the money?4/5/2017 So I received the question:
Of course in the law, the quick answer is: it depends. There are no clear cut answers to this question, but we can provide you with some guidance. Although in truth you should give us a call to discuss in more detail the facts of your case. The first principle to remember in Utah divorce and family law is that courts will divide any property that you acquired during the marriage in a 50-50 fashion. This is the typical rendering according to Utah Code 30-3-5. However, courts have what are called equitable powers which allows they to deviate from the 50-50 split. Remember, when it comes to equitable distribution of marital property the standard is typically fifty percent to you and fifty percent to your spouse. This is usually how it works. It is not always how it works, because the actual facts of your case matter and judges will listen to facts and change their minds when it comes to cases. So, what are the facts in this question? If you jointly are building a house and you are using joint funds from a joint bank account; then, the answer is likely to be you will split the monies equally because this house is being built during your marriage. If you have a pre-nup – that could possibly change things as well. If you inherited the money and you kept the money in a separate bank account (avoiding all co-mingling of funds) – then, you may be able to claim that the house is separate property and get all of the money. It really depends on the facts. I hope this has been helpful. If you would like additional information or to speak with a Utah Divorce Lawyer about your case, give us a call. We would be happy to give you a free initial consultation. Thanks for visiting – Mike
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5507 SEO by Jeremy Eveland via Utah Divorce Lawyer http://lawyerdivorceutah.com/2017/04/05/divorce-question-what-if-you-building-a-house-and-now-getting-divorced-who-gets-the-money/
So I was asked the question: Can I Stop My Spouse For Divorcing Me? Is there any way to stop it? If I want to, can I force my wife/husband to stay married to me? What if I refuse to sign the papers. I won’t give him/her a divorce. Can I prevent it? The short answer is no. In essence it is impossible to stop your husband or wife from getting a divorce in Utah if one spouse wants it done. So even if you don’t want the divorce, it will happen. With that said, there are things that you can do to slow it down. The question is: is it worth it? It can be very expensive to slow a divorce case down. This isn’t always in your best interest or your spouse’s best interests.
The primary method to slow a divorce case is by disagreeing with what your spouse has requested in the petition for divorce. The petition for divorce (also called a complaint for divorce) is what is filed with the district court to start the divorce process in Utah. If you disagree with everything and never reach an agreement with your spouse in mediation or along the way, then the case will ultimately go to a trial on the merits. At trial, the judge will grant the divorce, and it will cost a lot of money and time to get there, but if you want to slow it down, that is how you do it.
No. You should never just give your spouse what he or she wants. You should always review the petition or settlement agreement with an attorney before signing it. Even if you do eventually sign it, you should know all of your rights, responsibilities and obligations. You should know what you could or would get in court. If you want to give everything away, great, but you should know before hand what you would get in court. Also, you need to keep in mind that you may not be able to change it later — in fact, it can be very very difficult to change your divorce decree later. You should do everything that you can to make sure the divorce decree has in it what you want or you may very well regret it in the future. I hope this has been helpful to you.
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ABOUT USDivorce Lawyer in Ivory Crossing, UT 84095. If you need a Ivory Crossing divorce lawyer, child custody, adoption or family law attorney who does child custody, father’s rights, divorces and family law that cares about you, your family, your case, and is aggressive, call 801-676-5506 now for a free consultation. Divorce in Utah can be tough, so you need a smart Ivory Crossing divorce lawyer who can help you today. Call 801-676-5506 for the top divorce attorney in Ivory Crossing UT 84095 now. ArchivesNo Archives Categories |