FAQ
General Questions
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What is the difference between a divorce, an annulement, and a legal separation?What is the difference between a divorce, an annulement, and a legal separation?
A divorce is a legal action that ends a marriage. In a divorce the parties’ marital property is divided, debts are divided, custody of any children is decided, and the marriage is officially terminated.
An annulement is when the court declares the marriage null and void. When a marriage is annuled, it is as if the marriage never existed. A marriage can only be annuled when:
- One person was already married to someone else.
- One person was under 18, and that person’s parent did not give legal consent.
- One person was under 14 (if before May 3, 1999) or under 16 (if after May 3, 1999).
- One person’s divorce decree was not yet final, so the person was still legally married to someone else.
- The marriage was between parties of the same sex.
- The marriage was between close relatives (such as a brother and sister) who are not permitted to marry.
- One person fails to consumate the marriage
- One person fails to tell the other important information (e.g. that he/she can’t have children)
In a legal separation the parties remain legally married to each other but live separately. The couple’s rights and duties to each other are set forth in a Decree of Legal Separation, which covers matters such as custody and child support, spousal support, division of property and payment of debts. The legal procedures are similar to those for divorce, except that a legal separation can only be obtained when one spouse is deserted by the other, or when one spouse refuses or neglects to provide for the other. If the couple later decides to divorce after they have been legally separated, they must file a separate action for divorce.
How does military deployment affect my visitation rights?
When a parent who is on active duty in the Military is deployed, that parent’s ability to have regular visitation is going to be temporarily disrupted. In order for the deployed parent to keep in contact with his/her children as much as possible during deployment, he/she should request a temporary modification of visitation from the court. The court can:
- require the non-deploying parent to make the children available for regular contact with the deployed parent by telephone, email, video chat, etc.
- require the non-deploying parent to make the children reasonably available for visitation when the deployed parent is on leave
- permit a family member of the deployed parent to have visitation in place of the parent for the duration of the deployment
- order that visitation immediately revert back to the terms of the original or permanent order upon return of the deployed parent
How much child support will be ordered in my case?
Child support is calculated using the father’s monthly income, the mother’s monthly income, and the number of children. You can get an estimate of how much child support will be ordered in your case by using the court’s online child-support calculator at www.utcourts.gov/childsupport/calculator.
When should I begin working on estate planning?
Since we can never be certain what life has in store, it is never too early to begin planning financial security for ourselves and our family. Usually, when your first child is born, you should have your plans formalized. As your individual circumstances change, modifications can be made to meet your needs.
How much does it cost to hire an attorney?
Each case is unique. Cost will vary by situation and the time required to reach a resolution. Our payment options include flat fees, an hourly and a monthly payment plan through Visa or Mastercard.
Is there anything I can do to speed up a resolution to my situation?
Unfortunately, there are some situations that can only be resolved with time. The best way to ensure a quick resolution is be prepared, thorough and focused on achieving your goal.
How does military deployment affect my visitation rights?
When a parent who is on active duty in the Military is deployed, that parent’s ability to have regular visitation is going to be temporarily disrupted. In order for the deployed parent to keep in contact with his/her children as much as possible during deployment, he/she should request a temporary modification of visitation from the court. The court can:
- require the non-deploying parent to make the children available for regular contact with the deployed parent by telephone, email, video chat, etc.
- require the non-deploying parent to make the children reasonably available for visitation when the deployed parent is on leave
- permit a family member of the deployed parent to have visitation in place of the parent for the duration of the deployment
- order that visitation immediately revert back to the terms of the original or permanent order upon return of the deployed parent
How does divorce affect my retirement plan?
Retirement benefits that accumulate during a marriage are a form of marital property, and each spouse is entitled to one-half of the benefits. Retirement benefits that are earned before or after a marriage are separate property and can be kept by the spouse that earned them.
There are many factors that go into how to divide up retirement benefits, and each case will be different. It is important to speak with a local attorney who can advise you on how to split up your retirement benefits based on your particular situation.
Can I get alimony?
Regardless of gender, either party may request and be granted alimony. Alimony may be ordered on a temporary basis (pending a trial or entry of the decree), as well as for a longer period of time after entry of the divorce decree.
In determining alimony, the courts consider the following factors:
- The financial condition and needs of the recipient spouse.
- The recipient spouse’s earning capacity or ability to produce income.
- The ability of the payor spouse to provide support.
- The length of the marriage: the longer the marriage, the greater the likelihood of an alimony award.
Alimony may be reviewed and modified if conditions change. Alimony terminates automatically upon remarriage or cohabitation by the recipient spouse. Alimony may not be ordered for a period that exceeds the length of the marriage, except in extenuating circumstances.
Do I have to attend a divorce education class?
All parents with children under the age of 18 are required by Utah law to attend a divorce education class. A calendar with the dates, times, and location of the divorce education classes can be found on the court’s website at www.utcourts.gov/specproj/dived.htm.
How does being registered as a sole proprietorship leave me vulnerable?
The vast majority of small businesses start out as sole proprietorships because it is the default category. Sole proprietorships are owned by one person, usually the individual who has the day-to-day responsibilities for running the business. The owner owns all the assets of the business and the profits generated by it.
The owner of a sole proprietorship also assumes complete responsibility for any of the businesses liabilities or debts. In the eyes of the law and the public, the owner and the business are one in the same. If the business is sued, the owner’s personal assets can be used to pay for the debts of the business.
The Limited Liability Company (LLC) is a relatively new business entity that was created specifically for small business owners. LLC’s provide small business owners with the tax advantages of a sole proprietorship and the limited liability of a corporation. In an LLC if the business gets sued, only the businesses assets can be used to pay the debts. If you are interested in setting up an LLC or learning more about what business entity is right for you, please give us a call.
What is limited representation?
Limited Representation (also known as unbundled services) is when a person wants to represent himself/herself with some guidance from an attorney. Handling your case entirely on your own takes a lot of time and patience and can be confusing and frustrating. In addition, people who represent themselves in court are expected to know and follow the same rules that attorneys do. Under a limited representation arrangement an attorney and client agree that the attorney will provide specific services for a predetermined fee. For example, the attorney and client could agree that the attorney:
- will only advise the client about the case
- help draft a specific document
- review a document the client has drafted
- coach the client to prepare for a hearing
- help with the discovery process
- appear in court on behalf of the client for one hearing only
- any combination of these kinds of services
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