Unlike child support, there is no set formula to determine when, or if, a party should receive alimony (spousal support) from a divorcing spouse. Rather, in determining alimony the courts will consider the needs of the party requesting alimony, the ability of that party to provide for his or her own needs, and the ability of the other divorcing party to pay alimony. Other factors may be taken into consideration by the court in determining alimony such as the length of the marriage, the former lifestyle of the parties, living expenses of the parties and other relevant facts from the marriage.
In some cases alimony may be modified after it has been ordered by a court. This may depend on several factors, including how the original alimony agreement/order was drafted and whether there has been a significant change in the circumstances that existed when the alimony agreement/order was originally was put into place.
Alimony is often a complex component of divorce and must be handled in light of all other issues related to the dissolution of the marriage. It requires experienced and knowledgeable legal professionals to see all the issues at hand and the interplay between them. At Burton Attorneys at Law, we understand alimony and the complexities which surround it. Remember, we handle only family law related legal matters. This focus on family law sets us apart from other attorneys and law firms because we uniquely understand the issues you face in your divorce.
Utah law recognizes that both spouses contribute to the property acquired during the marriage, regardless of the income source. Therefore, under Utah law, property (whether real property or personal property) acquired by the parties during a marriage is deemed “marital property” and divided equally between the divorcing parties. The courts have the power to divide all property owned by either or both of the spouses, regardless of whose name it is in or where it is located. However, there are special rules and exceptions for property owned by the spouses before marriage or received by gift or inheritance. Moreover, the parties may decide on their own what they consider to be an equal division between their personal or real property. The court will review the agreement between the parties before entering a final order, however, once it is approved by the court, it is final, except under a few limited circumstances.
When determining how personal and real property is to be divided it is essential that each party is fully informed and that all property is properly disclosed. The disclosure rules in the state of Utah are specific and intended to help you understand what property needs to be divided, its value and where it is located. The discovery and division of all personal and real property in a divorce, and understand it completely, is often one of the greatest challenges in a divorce. Often this involves more than just simple assets and may include complex assets such as stocks, business interests, real estate transactions, etc.
The attorneys at Burton Attorneys at Law understand well the issues surrounding the division of real and personal property. Our firm has handled hundreds of cases ranging from simple to complex. Family law is all we do and that means we know the law relating to divorce and specifically the division of real and personal property. Let an experienced family law attorney at our firm sit down with you today to discuss your divorce needs.
Often the parties in a divorce agree about who should pay each of their joint debts. However, that is not always the case and debt division is often intertwined with other issues such as the division of personal and real property, alimony and child support. Debt issues in a divorce must be carefully navigated so that you are not left paying for a debt that you thought was the responsibility of your former spouse. Although a divorce may divide a debt, many parties often reach the decisions relating to debt division without taking into consideration the rights of the creditor who has made a separate and legal contract with the parties relating to the debts. The parties’ agreement or a court’s orders are binding only between the parties. Utah law allows notice to be given to creditors about which party is responsible for the debt. However, creditors are not required to honor the division of joint debts in the divorce decree or agreement. Thus, if the spouse who is supposed to pay fails to do so, the creditors may seek payment from the other spouse, who has to try to collect money from the one who was supposed to pay. These issues need to be taken into account if a party wants to fully resolve their debt issues in their divorce. Otherwise, your divorce decree may fall short of its desired effect and leave one, or both, of the parties with unintended consequences.
If the parties to a divorce cannot decide how to divide their debts on their own they may be able to resolve the issues at mediation. We suggest that parties attend mediation with their attorneys to fully understand the agreements they make relating to their divorce. If they cannot agree, the issues will need to be determined by the Court at a trial. Whether working toward a resolution at mediation or trial, the professionals at Burton Attorneys at Law have the divorce experience to help you reach your goals. All we do is family law – that means we help a lot of people with divorce and we understand the long reaching consequences it has on your future. Trust our firm with your divorce needs today.
Going through a divorce is difficult for everyone involved. Our goal is to help our clients navigate their divorce case with knowledge and compassion so they can focus on their family.
We have assisted and successfully represented numerous clients dealing with paternity issues. Because of our experience dealing with a wide range of paternity-related cases, we can assist clients whether or not they claim to be the father of the child.
Whether you have a custody battle resulting from an ongoing divorce, or if you’re an unmarried parent fighting for custody of a child, the attorneys at Burton Attorneys at Law have the experience to handle your case.
In Utah, by law, every child is entitled to the support of both parents, whether the parents are married or not. Although Utah law provides child support guidelines used by the courts to calculate a parent’s base child support obligation.
Simply stated, mediation is a non-binding forum for a divorcing couple to work out the terms of their divorce with the help of a trained mediation specialist. The only requirement of mediation is that a party attend and make a good faith effort at resolution.
We recommend attending mediation with the help of a legal professional. Mediators are neutral parties who cannot give legal advice. Mediation will involve the discussion relating to all your divorce issues including real estate and personal property issues, division of financial assets (401k, stocks, bonds, etc.)
Step-parents often develop a strong bond of love and affection with a stepchild. As a loving figure in a step child’s life, it may be in everyone’s best interests for a step parent to seek an adoption and make the relationship legal.
When a family member, friend or loved one passes away, his or her estate may have to go through a court process referred to as probate. This is the process whereby the Court appoints an individual, or sometimes multiple individuals, to gather, manage, and ultimately distribute the assets of the one who passed away.
There is no set formula to determine when, or if, a party should receive alimony (spousal support) from a divorcing spouse. In determining alimony the courts will consider the needs of the party requesting alimony, the ability of that party to provide for his or her own needs, and the ability of the other divorcing party to pay alimony.
At Burton Law Firm, our family law attorneys have extensive experience assisting clients through all areas of family law. By leveraging the combination of skill with years of experience, our attorneys will do everything in their power to achieve the outcome desired by their clients.
When a Court grants a decree of divorce, it will also address the parties’ rights with respect to the assets they acquired during their marriage. This includes retirement assets, such as 401(k) accounts, IRAs, and pensions.
A guardian helps an individual care for their physical well-being while a conservator helps an individual handle their financial affairs. By appointing a guardian and/or conservator, you are providing your loved one with the assistance of someone who cares in order to help them handle day to day matters and to make important legal decisions.
Contact us today for a consultation with an attorney. During the meeting, you will be advised of your options as well as the cost of pursuing each option that you have. To more efficiently serve you, we encourage you to organize pertinent documents before your initial consultation if possible.
3785 Harrison Boulevard #1
Ogden, Utah 84403
(877) 447-9997 (Toll Free)
To discuss your case with an attorney, call local (801) 393-1106 toll free (877) 447-9997 or fill out the contact form below. Our office is conveniently located in Ogden, Utah and we serve the entire Wasatch Front. Hablamos español.