Ogden, Utah is a city of approximately 84,000 residents north of Salt Lake City. It is the county seat of Weber County. In its early years, it was a major railroad junction and today, it is home to Weber State University, Peery’s Egyptian Theater, and multiple historic districts throughout the city that draw large tourist crowds.
As a resident of Ogden or anywhere else in Utah who is working through a divorce, family law issue, or facing a criminal charge, it is important that you work with an experienced attorney who can protect your rights throughout the legal process.
Family Law
CoilLaw works with clients who are facing a variety of family law and divorce issues, such as the following:
- Adoption;
- Annulments;
- DCFS actions;
- Domestic partnership;
- Child support;
- Child custody;
- Paternity issues, including paternity suits;
- Post-judgment modifications;
- Prenuptial and postnuptial agreements;
- Spousal support issues; and
- Domestic litigation.
Divorces and family law issues can be complicated and unlike some other areas of the law, can require sensitive handling by the parties involved. You should hire an experienced lawyer who has guided many clients through the divorce process, otherwise, you could end up more frustrated at the end of the process.
Child Custody: Can You Avoid a Fight?
Child custody disputes are often very emotional. Many parents fear they will lose contact with their children after divorce, so their instinct is to fight hard to win custody. In fact, many parents approach custody as an “all or nothing” proposition.
Child custody has two components in Utah. The first is legal custody. A parent with legal custody can make critical decisions for their children who are minors. Think of everything you needed your own parents to approve when you were a child:
- After-school activities
- School field trips
- Medical procedures
- Religious training
- School enrollment
Parents can share legal custody, or one parent will have sole authority to make these decisions. In Utah, the preference is for both parents to participate meaningfully.
The other component is physical custody, also called “parenting time.” This refers to who the children are staying with. Parents will split the 365 overnights in a year, although perhaps unevenly.
In Ogden, parents can agree to their own child custody plan. Reaching an agreement allows parents to take control. A judge doesn’t know your schedule or needs as well as you do. The team at CoilLaw can negotiate on your behalf to come up with a sensible, concrete parenting plan.
Unfortunately, many parents cannot agree, so it’s up to the judge to decide based on many factors, such as which parent has been the primary caretaker and the needs of the child. Once set, custody is hard to revise later.
CoilLaw has ample experience in child custody. We can participate in mediation to help you reach an agreement without the need for a drawn-out custody fight, or we can prepare to make your case to a judge in a hearing.
Ogden Child Support
The parental obligation to provide for a minor child continues even after separation and divorce. Parents will continue to financially support their child even if they would prefer not to, or if they decide to rarely see their children.
Utah has created guidelines to standardize the child support calculation. The most important factors are each parent’s income, as well as the number of children supported. Additional expenses include health insurance, medical bills, and some educational expenses, which might be divided between parents.
Parents with high incomes face unique challenges in Utah. Judges don’t apply the guidelines to high-income clients, so there is a risk a judge will create a large child support obligation. Work closely with our Ogden child support lawyers to ensure you are not paying too much.
Dividing Marital Property in an Ogden Divorce
Married couples quickly find their finances entangled. After a few years, they might even have acquired considerable assets. You need to divide marital property when you divorce.
A major question is whether your property is “marital” in the first place. The general rule is that anything you acquire while married is marital. It’s that simple. A court will disregard whose name is on the title or deed. What matters is when you got it.
Marital property can include:
- Home
- Retirement account
- Bank accounts
- Stocks and bonds
- Cash
- Motor vehicles
- Pets
- Cryptocurrency and intangible assets
The marital property might also include the small business you started—even if your spouse has never worked a day for your company. A dentist who opens her own solo practice is creating a marital asset if she opens the doors after marriage.
However, assets you obtained before marriage are usually considered your “separate” property, as are any inheritances or gifts you received individually while married. You can leave the marriage with your separate property.
Generally, you can decide how to divide marital assets—or ask a judge to divide it. Utah is not a community property state, so a 50/50 split is not automatic. Instead, a judge divides property equitably (fairly). The court will consider many factors to decide what’s fair.
Consult an Ogden family law attorney to discuss marital property. All sorts of complications can arise. First, you should give some thought as to what assets you want as part of the divorce. Some people wrongly assume they want the family home, but that comes with hidden expenses and headaches.
Then, if you have a small business, we can work to minimize the disruption in divorce. For example, doctors and dentists need to protect patient records and anonymity.
Ogden Alimony (Spousal Support)
Divorce can ruin a spouse’s standard of living. In some marriages, each couple has equal earning power, so divorce is not disruptive. But other spouses might struggle to maintain a separate home or pay their bills after separating.
In Utah, you can ask for alimony, also called spousal support. Typically, a judge orders your ex to make monthly payments for a set amount of time.
Couples can negotiate alimony themselves or one might ask a judge to order alimony. Courts will consider many factors, such as:
- The duration of your marriage
- Whether either spouse will have custody of the children
- Your earning capacity and financial status
- Whether your spouse can provide financial support
- Any marital fault
Obtaining alimony is harder than many clients realize. You don’t have an automatic right to permanent alimony. Yet, alimony can make a big difference in helping our clients land on their feet. You need a lawyer who can advocate on your behalf and convince a judge.
Family Law Modifications & Enforcement in Ogden, Utah
The lawyers at CoilLaw have also helped many men and women with post-divorce issues. One is modification. Life doesn’t stand still, and parenting plans that made sense 10 years ago might be outdated. You need to update into a plan that works for your life.
Often, one parent wants to move after divorce with the children. That can be a real issue because greater distance puts strain on relationships. The court might have to decide whether a parent can leave with a child.
Other modifications include changing child support if you have lost your job, retired, or become disabled. Conversely, you might seek more child support when your ex has received a big promotion and is earning more income.
Call CoilLaw. We can work on any modification issue. The key is not to simply pack up and move with the kids or stop paying alimony or child support. You need judicial approval, otherwise you might suffer consequences.
Enforcement is another post-divorce issue. Maybe your ex isn’t dropping off the children or has failed to pay family support obligations. Our firm can jump in and make sure your rights are protected. We might ask a judge to find your ex in contempt or even ask for a modification of child custody, where appropriate.
Why Should You Choose CoilLaw?
Ogden is home to many law firms. What makes CoilLaw stand out? If you hire our firm, you are getting an outstanding team of lawyers who are:
- Creative problem solvers. Some family law attorneys only know how to fight. At CoilLaw, we aren’t afraid to fight where appropriate. But creative problem solving can often get our clients the result they desire with much less stress. We believe in effective lawyering, which sometimes requires creativity.
- Nonjudgmental listeners. We encourage clients to be honest in our consultations. We want to know anything that might be relevant to your case. We are not judgmental and understand everyone’s life is unique and full of challenges. If you have gambling issues or an addiction, let us know.
- Lifelong students of the law. Family law is always evolving in Utah. Our firm reads the most recent court decisions to understand how they might impact you.
- Effective advocates. Advocacy doesn’t only take place in the courtroom. We advocate for our clients in every phone call with opposing counsel and when appearing in mediation or settlement talks. And if we have a hearing in court, we know how to present evidence in a logical way to help a judge see a dispute through your eyes.
Come meet our team. We employ a diverse group of lawyers and professionals who take great pride in serving the Ogden community. We even wrote the book on Utah divorce! Feel free to download and schedule a meeting.
It’s Never Too Soon to Call
Many people aren’t sure if they are ready to take the leap and file for divorce. That’s okay. Choosing to end a marriage is a big step. Fortunately, the legal team at CoilLaw is here for you in any event.
You should consider reaching out to us to:
- Discuss how a divorce would impact your family and finances.
- Consider options, such as separation.
- Learn how to protect your finances in the event you decide to go through with a divorce.
- Address domestic violence or sexual abuse, if this is a concern in your family.
- Identify helpful evidence in the event you find yourself in a custody fight.
Our firm exceeds the highest ethical standards. Any meeting with us is confidential, and your spouse will not know. Meeting with our firm also does not commit you to go through with the divorce. Instead, you can empower yourself by getting the information you need to make an informed choice about your future.
