“I feel like I got screwed in my divorce. Can my divorce settlement be changed?”
A signed decree of divorce is an official Order from the court. Not mere suggestions up for continued negotiation. While there are certain situations where a decree can be modified, having buyers remorse after it’s been entered isn’t going to cut it.
We understand the divorce process is generally unfamiliar and may feel overwhelming. It’s vital you have good representation and stay involved. The hard decisions need to be addressed and made before the decree is final. Because unless there’s fraud or a significant change of circumstance, the decree isn’t changing. And, it can be a lot more expensive to litigate after than it would’ve been to get it right the first time.
For more details, watch full video above.
Join JR Law Group each Friday as we feature a new video covering different aspects of Divorce and Family Law. Topics range from initial divorce proceedings, to child support and child custody, marital estate and asset distribution, alimony, adoption and more.
JR Law Group is a divorce lawyer in Salt Lake City, Utah. Our Salt Lake City Family Law attorneys are ready to help and our child custody lawyers in Utah are some of the best. To schedule a consultation or to find out more, please contact us: (801) 297-8545
Disclaimer – This video is intended for informational purposes only. Nothing in this video is to be considered as either creating an attorney-client relationship between the viewer and JR Law Group or as rendering of legal advice for any specific matter. Viewers are responsible for obtaining such advice from their own legal counsel. No viewer should act or refrain from acting on the basis of any information contained in the video or on JR Law Group’s Website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
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Utah Right of First Refusal
Utah Right of First Refusal. What is it, why it can be a cluster and things you should know to avoid possible issues.
Right of First Refusal is a term that applies to a portion of Utah code 30-3-33 which basically states that parental care is presumptively better than surrogate care. Which means if the parent with the children needs a babysitter, that parent will first offer the time to the other parent before seeking care from another source.
While this sounds good in theory, the code is very general and doesn’t clearly define parameters. For instance, how long must the parent be gone before this clause is triggered? What if parent is remarried, is step parent entitled to watch the children?
Because of this and the problems that arise, generally we opt to not include the Right of First Refusal in our divorce decrees. However, if parties choose to outline the provision, we make sure it’s realistic and clearly defined with appropriate, well thought out parameters.
For more details, watch full video above.
Join JR Law Group each Friday as we feature a new video covering different aspects of Divorce and Family Law. Topics range from initial divorce proceedings, to child support and child custody, marital estate and asset distribution, alimony, adoption and more.
JR Law Group is a Salt Lake City and Park City Utah based firm specializing in Divorce and Family Law. To schedule a consultation or find out more, please contact us: (801) 297-8545
Disclaimer – This video is intended for informational purposes only. Nothing in this video is to be considered as either creating an attorney-client relationship between the viewer and JR Law Group or as rendering of legal advice for any specific matter. Viewers are responsible for obtaining such advice from their own legal counsel. No viewer should act or refrain from acting on the basis of any information contained in the video or on JR Law Group’s Website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
Utah Prenups
Most of us have life insurance, auto insurance, home owners insurance, etc. for protection in case of accident, despite the odds of ever using the insurance are statistically very low. With divorce rates above 50% for first time marriages and 70% for second marriages, why wouldn’t “marriage insurance” be a top priority?
Today we’re talking Premarital Agreements in Utah. While a lot of people consider prenups a buzz kill, in reality, with the astounding divorce rate, prenups are actually a form of protection and what we like to call marriage insurance.
The benefits of a premarital agreement in Utah are not only that you can amicably sit down and identify how you will divide property, you can actually trump Utah law and head into the marriage outlining what you both agree will remain separate property, how you’ll handle joint marital property, etc. There are countless possibilities to customize and it doesn’t have to be a stressful, unromantic piece of the event. It’s an opportunity to form an agreement about what your marital estate will look like and what should happen to the estate in the event your marriage ends.
In order to have an effective prenuptial or premarital agreement in Utah, each party needs to first fully disclose all assets, debts, investments, etc. at the time of marriage. Then you discuss and come to an agreement on how you would handle a potential split down the road. From that agreement, a document is drafted which outlines how everything will be treated, both parties sign and the premarital agreement becomes effective upon date of marriage.
We do want to point out that while you can negotiate many terms including potential need for spousal support or alimony, you are not allowed to include any terms relating to children, specifically child support and or child custody.
Another important caution is you are actually committing to paper an agreement that is oftentimes in contravention to the governing laws that would dictate how your divorce goes, so we strongly urge each of you to seek independent counsel for advice and help drafting the document.
Join JR Law Group each Friday as we feature a new video covering different aspects of Divorce and Family Law. Topics range from initial divorce proceedings, to child support and child custody, marital estate and asset distribution, alimony, adoption and more.
JR Law Group is a Salt Lake City and Park City Utah based firm specializing in Divorce and Family Law. To schedule a consultation or find out more, please contact us: (801) 297-8545
Disclaimer – This video is intended for informational purposes only. Nothing in this video is to be considered as either creating an attorney-client relationship between the viewer and JR Law Group or as rendering of legal advice for any specific matter. Viewers are responsible for obtaining such advice from their own legal counsel. No viewer should act or refrain from acting on the basis of any information contained in the video or on JR Law Group’s Website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
We know the divorce process in Salt Lake City or Park City Utah can feel overwhelming. Knowledge is power and a no-obligation consultation is the smart first step. Call today to meet our team and get your questions answered: (801) 297-8545
What happens if you live in Utah, are divorced, have children and want to move? The good news is, it’s possible. The bad news is, it’s complicated.
If you’re looking at a situation where you’re wanting to move, the first step is to thoroughly evaluate the reason for the move. There needs to be what we call “reasonable grounds” in order for you to up and move away from the father or mother of your children. For example, a new employment opportunity that’s important to your career and will increase your financial ability to provide for your family, is a legitimate basis for a move. Alternatively, moving for a new relationship is potentially not going to be a good enough reason.
The next thing you need to do is give the other party notice. Utah code requires 60 day written notice. Then, best case scenario, discuss the move with your ex to see if you can come up with an arrangement that works for everyone. Agreement should include a new parent-time schedule, shared costs of travel for the children, etc. Once you’ve worked everything out, it can be as simple as filing the Stipulated Agreement with the Court, followed by a Modified Divorce Decree reflecting the changes.
Alternatively, if your ex is not in agreement, your next step is to turn to your Divorce Decree to see how the decree contemplates a move. Many decrees follow Utah Code which states a move of 150 miles or more triggers relocation. Look to your decree and follow it.
For our clients, we always include specific parameters upfront around what parties will do if a relocation occurs because in practical, everyday life, a move as short as 50 miles can have a significant impact. This extra step simply helps avoid undue confusion and cost later.
Decrees also generally include a mediation requirement where parties are to mediate in the event an agreement around relocation can’t be reached. Again, look to your decree and follow it.
If mediation is unsuccessful, the next step is to motion the court for a Relocation Hearing. (Note if mediation is not contemplated in your decree, this step occurs after notice is given and no agreement reached.) Parties will present all information and the court make a decision. Remember the court always considers what is in the best interest of the children and has a list of factors it evaluates during the hearing.
Now, two things can happen once the court has fully evaluated. Court may grant relocation or it can find that the move is not in the best interest of the children. If denied and parent seeking relocation still decides to move, know that if you were custodial parent, you could lose custody and become non-custodial parent. During the hearing, the court will also order a new parenting schedule and outline who will bear the costs associated with travel for children.
Ultimately, leaving the jurisdiction and relocating away from your children’s mother or father is a big deal. But we (and the law) understand that life happens and situations change. If you find yourself in a relocation situation, it’s a lot easier, and you’ll have better standing with the court, if you take the necessary steps to do it right.
Join JR Law Group each Friday as we feature a new video covering different aspects of Divorce and Family Law. Topics range from initial divorce proceedings, to child support and child custody, marital estate and asset distribution, alimony, adoption and more.
JR Law Group is a Salt Lake City and Park City Utah based firm specializing in Divorce and Family Law. To schedule a consultation or find out more, please contact us: (801) 297-8545
Disclaimer – This video is intended for informational purposes only. Nothing in this video is to be considered as either creating an attorney-client relationship between the viewer and JR Law Group or as rendering of legal advice for any specific matter. Viewers are responsible for obtaining such advice from their own legal counsel. No viewer should act or refrain from acting on the basis of any information contained in the video or on JR Law Group’s Website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
What Happens to the Marital Home
Today we’re talking about the marital home. A lot of couples facing divorce in Utah, who own a home together are faced with the decision of what to do with it. Common issues are: Will the home be sold or one party keep it? Can I qualify on my own to refinance? How will equity be paid out?
Today we’re joined by Melissa Evans with Guild Mortgage who answers common questions pertaining to the marital home.
Jaclyn: Do you have any tips for divorcing couples who have decided to sell their marital home?
Melissa: When contemplating selling a home, always consult with a realtor to find out how much your home is worth as well as check out the market to see what else is available in your area. You can also see if you can get assistance with commissions because it’s expensive to get divorced and you may be able to save in this area.
Jaclyn: What is the first tip you give couples who come to you wanting to refinance the marital home?
Melissa: The first question I’m typically asked by divorcing couples is, “Can I get my spouse off the mortgage?” Removing a spouse’s name isn’t as easy as it sounds. You can’t just go to your lender and simply ask them to take a name off the mortgage because you both have been obligated on the debt. However lenders do have a lot of compassion for people in this situation and try to make refinancing easier by treating it as a rate and term refinance instead of a cash out equity refinance which typically in the regular market are treated almost the same.
Jaclyn: What you’re saying is couples can’t just come to you and get their spouses name off the mortgage, but they do get other breaks. Explain to us a little more about what that means.
Melissa: Sometimes underwriters will look at things and allow a little easier qualification process. The other thing that might happen is we let them go up to a higher loan to value. As far as taking out more of the equity, you won’t be restricted and depending on how much equity is left, we also talk about splitting the fees between the parties to make sure everything comes out equal.
Jaclyn: What tips do you have for a divorcing spouse who comes to you seeking a refinance but now has to qualify for the loan on their own separate income.
Melissa: You first need to know where all of your income is coming from. If there is alimony or child support, lenders will look at that, but keep in mind you have to actually receive that income for six months before you can use it to qualify for the new loan.
Jaclyn: Essentially what you’re saying, is it’s important to understand that while dividing households, your income can turn on not just your actual income from from your job. Lenders will consider child support and alimony as long as you have it in place for six months and it’s expected to be in place for longer than three years which you can prove to a prospective lender by showing them a copy of your divorce decree.
JR Law Group is a Salt Lake City and Park City Utah based law firm specializing in Divorce and Family Law. To schedule a consultation or find out more, please contact us: (801) 297-8545
Disclaimer – This video is intended for informational purposes only. Nothing in this video is to be considered as either creating an attorney-client relationship between the viewer and JR Law Group or as rendering of legal advice for any specific matter. Viewers are responsible for obtaining such advice from their own legal counsel. No viewer should act or refrain from acting on the basis of any information contained in the video or on JR Law Group’s Website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
Ten Tips for 50/50 Custody
Divorce is hard. Divorce involving children is even harder, and most of the time, one of the biggest issues divorcing couples face is what custody will look like. If you want to co-parent and have your children at least 50% of the time below are important things you should be doing:
TIP 1: LIVE CLOSE – Both parents need to live close, the closer the better. Rule of thumb is parents need to live within 20 miles of each other. Generally in cases involving parents that live more than 20 miles apart there’s usually a primary physical custodial parent because more than 20 miles just becomes too difficult to have the children going between two homes 50 percent of the time.
TIP 2: PAY – You need to ensure you are stepping up and sharing the financial responsibility of the children. This means you’re involved in sharing costs of school fees, extra-curricular activities, child support if owed, and genuinely stepping up and helping pay for the children. There’s no question children are expensive and if you’re going to be a 50/50 parent, you need to show that you’re also going to help pay and support them.
TIP 3: KEEP RECORDS – Document, document, document time spent with children. This can be as easy as having a calendar and taking daily notes on when you have and or are trying to have your children. Even if efforts to see your children are thwarted by the other party, keep records of attempts to show up for them. These records will help in the long run if custody is an issue in your divorce case.
TIP 4: BE INVOLVED – Meaning you are equally involved with the kids by doing things like pick up and drop off from school, knowing what their extra-curricular activities are and being involved to the extent you can, attending doctor and dentist appointments and all the other nuances and responsibilities that go with parenting. And as mentioned above, don’t forget to keep records of all this involvement as well.
TIP 5: HAVE SPACE – Your life needs to be tailored toward the reality of having children half the time and you need to have proper living accommodations for them. This doesn’t mean each child needs a big, luxurious room to themselves, but it does mean you have appropriate space for them and they aren’t sleeping on couches. Of course bunk beds are fine and children can share rooms, but essentially you have a home and space that suits and meets the needs of your children.
TIP 6: HAVE A PLAN – Parenting isn’t always predictable and you need to have a plan for how to handle different situations that may arise. If you’re at work, you may get a call from a child at school who needs to be picked up or have a kid who’s sick and needs to stay home. Essentially, of course you can still maintain a job and have children, but you need to have a plan and be the primary person who’s responsible and able to step up and deal with all the realities of being a parent during your allotted parent time.
TIP 7: BE REALISTIC – One of the things the court considers is the history of what the parents have been doing. If you’re going to pursue a 50/50 custody arrangement with your children, make sure it’s something you can actually handle and is realistic based off the life you’ve had and the life you will have going forward. Of course it’s ultimately up to you, but as an example, if you have a career that requires frequent travel and or you’re regularly out of town for extended periods of time, investing the resources into fighting for 50/50 custody may be less worthwhile because you just don’t have the lifestyle that supports being physically available for your children 50 percent of the time.
TIP 8: BE RESPECTFUL – Like it or not, if you have 50/50 custody, you’re going to be more involved with your ex-spouse. In order to have a successful parenting arrangement, you need to be respectful. Don’t talk negatively to the children about the other parent, always approach your ex with respect and do everything you can to navigate co-parenting in a low-conflict manner.
TIP 9: REACH AN AGREEMENT – One of the best things you can do for 50/50 custody is to work out the custody arrangements with the other party. It’s a very good sign and gives you the best chance when both parents, of their own volition, can come to an agreement of what co-parenting will look like.
TIP 10: CHILD’S BEST INTEREST – Most importantly, 50/50 custody has to be in the best interest of the children because ultimately this is what the court will be looking at. If you and your spouse aren’t in agreement to what custody should be and your case is brought before a judge, divorce court is a court of what’s fair (a court of equity) and also, the guiding premise of any court or judge evaluating what should happen in your matter, is contemplating what is in the children’s best interest. The good news is, if you’re complying with the previous tips, joint custody most likely IS in the best interest of your children.
In short, generally speaking, showing up, doing your work to be a good parent, paying for your children, being responsible and thinking of their best interest are all things you should be doing to successfully navigate your case through to a joint custody situation.
Join JR Law Group each Friday as we feature a new video covering different aspects of Divorce and Family Law. Topics range from initial divorce proceedings, to child support and child custody, marital estate and asset distribution, alimony, adoption and more.
JR Law Group is a Salt Lake City based firm specializing in Divorce and Family Law. To schedule a consultation or find out more, please contact us: (801) 297-8545.
Disclaimer – This video is intended for informational purposes only. Nothing in this video is to be considered as either creating an attorney-client relationship between the viewer and JR Law Group or as rendering of legal advice for any specific matter. Viewers are responsible for obtaining such advice from their own legal counsel. No viewer should act or refrain from acting on the basis of any information contained in the video or on JR Law Group’s Website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
Uncontested Divorce
Does your divorce need to be a long, drawn out, expensive ordeal? The short answer is no, it doesn’t.
Today we’re talking about what’s been coined an “uncontested” divorce. What is an uncontested divorce? This is essentially a scenario where you and your spouse have decided a divorce is eminent and essentially, you agree on everything from child custody (if children are involved) to how your marital estate should be divided.
Generally in divorce, there are two main categories to consider. You have the finances, and in cases involving children, custody. Under finances, you’re looking at issues such as how to divide the marital home and other assets, investments, alimony, etc. Similarly, under custody there are things such as the parenting plan, physical and legal custody, living arrangements and how you’re going to coparent. In an uncontested divorce, ALL of these issues have been talked through and you and your spouse have come to an agreement on how they will be handled.
If you find yourself facing an uncontested divorce, first of all, good for you. Because one of the big benefits is it’s low conflict. It means you and your spouse are able to sit down, hash out the details of what your divorce should look like and ultimately come to an agreement in a relatively low conflict situation.
Another benefit of an uncontested divorce, is the cost. Generally, with divorce matters, an up-front retainer is required and your attorney will bill hourly from that retainer. Here at JR Law Group, we offer uncontested divorce clients a flat fee service which is much lower than our typical retainer and means you know what the cost is up front and it’s a reasonable, capped rate. We draft all of the required paperwork and most importantly, consult with you to make sure you are considering all the different areas you may not realize should be incorporated into your final divorce decree. We make sure you are doing a thorough job, all the paperwork from start to finish is done for you, and that your final decree is customized to meet all the special considerations of you and your spouse so you don’t later have to clear up ambiguities and or regret things that should have been in the decree from the beginning. It’s much more difficult to change an existing decree than it is to make sure it’s done right the first time.
A third benefit of uncontested divorce is the timeline. Utah law now allows couples to get divorced in 30 days and the uncontested divorce process really capitalizes on this 30-day window. Essentially, from the time we file the divorce petition for our uncontested clients and then submit the rest of the required paperwork, we can really take advantage of this 30 day time-span and have them divorced quickly and efficiently.
Join JR Law Group each Friday as we feature a new video covering different aspects of Divorce and Family Law. Topics range from initial divorce proceedings, to child support and child custody, marital estate and asset distribution, alimony, adoption and more.
JR Law Group is a Salt Lake City based firm specializing in Divorce and Family Law. To schedule a consultation or find out more, please contact us: (801) 297-8545
Disclaimer – This video is intended for informational purposes only. Nothing in this video is to be considered as either creating an attorney-client relationship between the viewer and JR Law Group or as rendering of legal advice for any specific matter. Viewers are responsible for obtaining such advice from their own legal counsel. No viewer should act or refrain from acting on the basis of any information contained in the video or on JR Law Group’s Website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
Petition to Modify
What happens if after your divorced, things don’t go as planned? Something unexpected occurs that makes it so your divorce decree is impossible to follow.
Is it possible to change your Decree of Divorce?
Although a divorce decree is the final order of a judge, there are certain situations where it can be modified. In this weeks’ Family Law Friday video, Salt Lake City, Utah family law attorney, Jaclyn Robertson, explains what a “Petition to Modify” is and when it’s appropriate or even necessary to file one.
Join JR Law Group each Friday as we feature a new video covering different aspects of Divorce and Family Law.
Topics range from initial divorce proceedings, to child support and child custody, marital estate and asset distribution, alimony, adoption and more.
JR Law Group is a Salt Lake City based firm specializing in Divorce and Family Law. To schedule a consultation or find out more, please contact us: (801) 297-8545
Disclaimer – This video is intended for informational purposes only. Nothing in this video is to be considered as either creating an attorney-client relationship between the viewer and JR Law Group or as rendering of legal advice for any specific matter. Viewers are responsible for obtaining such advice from their own legal counsel. No viewer should act or refrain from acting on the basis of any information contained in the video or on JR Law Group’s Website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
Order to Show Cause
You went through the time and expense of seeking a divorce and now have a Decree from the court. Phew. You’re finished and can start rebuilding your new life…
But, what if months or years after the decree was entered, your ex-spouse stops complying with the order? We see this a lot and know how frustrating it can be. The good news is, you have options. This week Jaclyn Robertson explains what an “Order to Show Cause” is and if this is a potential course of action for you.
Join JR Law Group each Friday as we feature a new video covering different aspects of Divorce and Family Law. Topics range from initial divorce proceedings, to child support and child custody, marital estate and asset distribution, alimony, adoption and more.
JR Law Group is a Salt Lake City based firm specializing in Divorce and Family Law. To schedule a consultation or find out more, please contact us: (801) 297-8545
Disclaimer – This video is intended for informational purposes only. Nothing in this video is to be considered as either creating an attorney-client relationship between the viewer and JR Law Group or as rendering of legal advice for any specific matter. Viewers are responsible for obtaining such advice from their own legal counsel. No viewer should act or refrain from acting on the basis of any information contained in the video or on JR Law Group’s Website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.
WE ARE READY TO HELP
JR Law Group has been recognized as one of the “10 Best Family Law Attorneys” in Utah. Firm Founder and Managing Partner, Jaclyn Robertson, has been practicing family law since 2005.
