Child Custody
One of the more difficult aspects of family law involves determining child custody. Ideally, a couple choosing to separate would work together to come up with a joint parenting plan outlining who would have physical as well as legal custody of a child. However, when a couple is unable to reach an amicable agreement, the court will step in and design a custody arrangement that is in the best interests of the child. That is when you should contact a family law attorney to discuss the factors that determine child custody which can include the following:
- The parent who has been the primary caretaker of the children (i.e. homework, cooking dinner, school activities, doctor appointments, etc.)
- The geographic proximity of the parties’ homes
- The child’s preferences (which is taken at greater weight when the child is 14 years and older)
- Whether there is any history of child abuse or domestic violence
- The physical, psychological, and emotional needs of the child
- Which parent is most likely to act in the child’s best interests, including allowing the child to have frequent contact with the non-custodial parent
- Whether a pattern of missing, canceling, or denying scheduled parenting time exists
- The financial abilities of both parties
- Each parent’s ability to prioritize the child’s welfare
There are several custody arrangements that can be made after a divorce, which are generally divided into two categories: 1) physical custody and 2) legal custody.
Physical custody, which most people think of in terms of child custody, refers to the physical living location of their children and technically is figured out by how many overnights you have the children each year. In Utah to have Joint Physical Custody, you must have at least 111 overnights per year.
Legal custody, on the other hand, is a parent’s ability to make big life decisions on behalf of their children. Joint Legal Custody is the presumption unless a moving party chooses to provide evidence to the court that Joint Legal Custody is not in the best interest of the children. Depending on the judge’s determination, the court will assign one of the following types of custody arrangements:
- Sole legal and sole physical custody
- Joint legal and joint physical custody
- Joint legal and sole physical custody
- Joint legal and split physical custody. (Each parent has primary custody of at least one of their children)
After considering both parents’ qualifications and willingness to be custodians, the courts will make a final decision in the best interest of the children involved. A family law attorney will be able to help you gather evidence that corroborates your ability to parent and will be able to negotiate with the other party’s legal counsel to ensure this happens.
Child Support
Parents are obligated to support their children before and after divorce. While married, a couple will pool their resources and pay for essentials for their children. Upon divorce, however, a court needs to identify each parent’s obligation. Utah has adopted guidelines that have standardized the process of calculating how much each parent should pay.
The most important factors are each parent’s income and the number of children supported. However, there are other considerations, including educational expenses, health care, and health insurance. Your child might have unusual needs, which a judge will need to allocate to one or both parents.
Courts have more discretion when couples enjoy above-average incomes. You should work with an experienced divorce attorney at our law firm to discuss how much child support you will likely end up paying. Parents don’t have the option of waiving child support, and you will pay until the child reaches adulthood, so this is a big financial expense.
Spousal Support/ALIMONY
Spousal support, also known as alimony, is another important legal issue that often stems from divorce proceedings. Either partner may ask the court for alimony, which may be awarded temporarily or for a longer period of time after the divorce is granted. In determining the amount of alimony to be awarded, the court considers a series of factors, including:
- The financial status of the party who would receive alimony, including any debts.
- The recipient’s earning capacity includes a review of past employment history and ability to work.
- The ability of the other spouse to provide support.
- The length of the marriage.
- Which party has custody of any minor children.
- Whether the recipient worked in a business owned by his or her spouse.
- Whether one spouse contributed to increasing the other’s skill by paying for his or her education.
- The fault of the parties in the marriage’s dissolution.
When setting the amount of alimony, the court considers the couple’s standard of living at the time of separation. The award MAY be ordered for a length of time equal to the duration of the marriage. However, the court can make findings to shorten the length of alimony based on several factors. Jill Coil is your Sandy, UT divorce attorney when you don’t know for sure what to do with your divorce filings.
Division of Marital Property
Married couples can acquire a considerable amount of property while married:
- Homes
- Vacation property
- Motor vehicles
- Retirement accounts
- Investment accounts
- Jewelry
- Paintings and other art objects
Marriage is as much an economic union, as an emotional or religious one. When couples divorce, they need to divide all the property and cash they acquired while married. This is their marital property. Conversely, spouses can leave the marriage with their separate property.
There are some important considerations:
The name on the deed or title does not determine whether the property is marital or separate. For example, a couple might purchase a home but put only the husband’s name on the deed. That doesn’t automatically make the property his separate property. In fact, it’s likely marital.
Generally, when you acquire the property will determine its character as marital or separate. Typically, any property obtained while married is marital. Meanwhile, separate property includes any property you acquired before marriage. It can also include gifts one spouse individually received, as well as any individual inheritance.
Utah divides property equitably. That means a fair division based on the circumstances. A judge will consider many factors, such as how much each spouse earns, as well as their income and health. It’s possible to receive more than 50% of marital property.
Concerns with the Division of Marital Property
Dividing property might seem like a less emotional element of divorce, certainly less stressful than a child custody fight. However, we work closely with our clients to identify what property to request. Helpfully, our clients can always reach an agreement with their spouse on how to divide property and then sign a property settlement agreement.
Our clients should consider their retirement goals, as well as the true cost of any asset. For example, if you request the family home, you are responsible for ongoing property taxes, as well as repairs. You also must pay for regular maintenance, like mowing the lawn and trimming hedges. You will also need to shoulder a hefty capital gains tax bill when you sell the home. Once we factor in all the costs of owning the home, many clients decide to seek other assets, like retirement accounts.
Divorce requires careful financial planning. It generally costs more to live alone than when splitting utilities and food with another person. A divorce can easily upend even the most careful retirement plans.
Divorce Mediation: Is It Right for You?
Utah judges typically send couples to mediation if they have a contested divorce. Essentially, if you have a disagreement about custody, child support, or alimony, then you can end up in mediation.
We have found mediation useful. A neutral mediator is trained to help couples listen to what each other is saying. The mediator might also propose novel solutions to problems. When successful, a couple can draft a settlement agreement and have an uncontested divorce. They can save time and money and often reduce the stress everyone experiences.
Mediation is only productive if couples participate in good faith. We can attend mediation with you. Although judges require participation, you are not required to agree to any proposal in mediation. And the mediator can’t force any resolution on you.
The CoilLaw Advantage
If hired, our firm provides unique advantages to our clients:
- We have a deep staff of experienced attorneys from many different backgrounds. Our staff provides a diversity of perspectives on family law issues, which helps us anticipate arguments the other side will make.
- Our team understands the non-legal stresses families experience during any legal dispute, including divorce. We provide compassionate advice to our clients to help them confront all challenges.
- We are strategic thinkers. We understand how temporary custody orders often lay the groundwork for permanent arrangements. We don’t quickly agree to a temporary order without thinking how it will affect your case.
Choose an Experienced Sandy Divorce Lawyer
Family law disputes are high stakes. You should choose an attorney with ample experience in this field. Some lawyers only handle one or two divorces a decade while focusing on a different legal field, like criminal law. There are definite advantages to hiring someone who does divorce and family law regularly.
For example, family law changes in small ways all the time. Different Utah courts hand down opinions that change the law incrementally over time. At CoilLaw, we always stay on top of these changes.
Also, family law cases are usually won or lost at trial. Your odds of successfully challenging an order are very low. You need to present compelling evidence to a judge at your trial or hearing if you hope to win. An experienced lawyer is best positioned to identify useful evidence and how to present it in a compelling way.
You don’t want to go into court without a seasoned family law attorney acting as your advocate. This is a good way to lose a family law dispute. Let us explain more about our services by scheduling a consultation.
If any of this process sounded complex or complicated, it is because it is, and this is why we highly recommend obtaining legal counsel and representation from one of our divorce attorneys. There are complicated filings associated with the paperwork for petitioning and answering a lawsuit. When declaring assets and debts, it is vital that everything is accounted for to make you look reputable to the courts.
