However, accomplishing this is easier said than done. Despite what Hollywood portrays in films, divorce does not always need to be an ugly, long, and drawn-out process.

Continue scrolling to learn how you can avoid a turbulent divorce.

File for Divorce Together

A joint divorce petition, also known as an uncontested divorce, can be filed together by spouses. With their attorneys, the spouses will work out the terms of their divorce together and come to an agreement both parties can accept. When spouses file a joint petition for divorce, they only need the court to grant their divorce to legally end their marriage because they have already worked out their divorce terms. Additionally, filing for divorce together helps avoid a hostile situation because there is no surprise divorce filing. Moreover, the spouses cannot testify against one another in court in an uncontested divorce, and intimate details of their marriage can be kept confidential.

Find a Skilled Mediator

If an uncontested divorce is out of the picture, divorcing couples may find a mediator helpful. An experienced mediator can help them find common ground and find an agreement when it comes to the terms of their divorce without going to court. You can further protect your rights during mediation with legal representation and counsel.

Refer to Your Prenuptial Agreement

Many contentious and highly disputed issues may already be determined if a couple enters into a marriage with a premarital agreement in place. Prenuptial agreements are used to not only protect people’s property and assets but also to avoid a hostile divorce. However, to be effective, the prenup must be fair to both parties and have been entered into in good faith. Unfortunately, when issues arise about the contract’s terms, a prenuptial agreement can cause more contention than there would otherwise be without the contract.

Seek the Guidance of an Experienced Divorce Attorney

Some individuals believe that hiring an attorney will only make a divorce more hostile. However, a skilled attorney, experienced in family law, can help their client keep their emotions in check so they can focus on the bigger, more important picture. Having a person on your side who is not as emotionally invested in the marriage and understands the ins and outs of the process can help keep the divorce as amicable and hostile-free as possible.

Contact The Ault Firm

Ending your marriage as smoothly as possible and avoiding a hostile divorce is an ideal situation most couples wish to achieve. Let the skilled legal team at The Ault Firm help you avoid unpleasant divorce proceedings. We provide individuals in the Salt Lake City and West Jordan areas comprehensive legal counsel and representation, and we are committed to serving you. Contact our team today to schedule your free initial consultation.

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There are many reasons for divorce; however, the cause must come down to whether the courts consider it an adequate reason. In other words, you must show the court that your marriage has irreversibly broken down and that you require a divorce.

Continue reading to learn more.

No-Fault Divorce in Utah

Many couples facing divorce choose to keep certain matters private. Airing dirty laundry in a public setting is not for everybody, and many couples, especially parents, may want to keep somewhat of an amicable relationship post-divorce. To meet the needs of these people, Utah courts allow divorcing couples to pursue a no-fault divorce.

For a judge to grant your divorce, you will need to explain to the court that your marriage has suffered irreconcilable differences. Most judges will not question motives and only require you to testify that you and your spouse cannot work things out. If you cannot prove irreconcilable differences to the court, you may be granted a no-fault divorce if you have lived separately for at least three consecutive years.

Fault Grounds for Divorce in Utah

There are eight fault groups for divorce under Utah divorce statutes in addition to no-fault grounds for divorce:

• Impotency of the respondent at the time of marriage
• The respondent committed adultery after marriage
• Respondent’s willful abandonment for the petitioner for one year or more
• Respondent’s willful neglect of petitioner’s everyday life necessities
• Habitual drunkenness of the respondent
• Conviction of the respondent for a felony
• Cruel treatment resulting in bodily injury or great mental distress to the petitioner by the respondent
• Insanity of the respondent that is incurable.

If you accuse your spouse of incurable insanity or marital misconduct, you must present evidence and prove to the court your claims are true. This may require witness testimonials or medical records.

Other Requirements for Divorce in Utah

Similarly to most other states, Utah has a residency requirement that must be met before filing for divorce that requires the filing party to have been a Utah resident for at least three continuous months. Additionally, Utah places a 30-day waiting period requiring at least 30 days between the date the petition was filed and the date of your divorce hearing unless waived. Either party can request that the waiting period be waived, but they must prove that extraordinary circumstances exist.

Contact The Ault Firm

Every divorce case is unique, and grounds for divorce can vary significantly. Therefore, it is crucial for individuals to seek guidance from a qualified and experienced family law attorney. Regardless of your reasoning, the professionals at The Ault Firm want to help.

If you are in Salt Lake City, West Jordan, or the surrounding area and are considering a divorce, we want to hear from you. Our team of attorneys has the knowledge, experience, and proven legal skills to help you succeed. Contact The Ault Firm to schedule a consultation today.

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Infidelity is one of the more painful and devastating forms of betrayal in a marriage. The trust and bond between spouses often diminish when one spouse is unfaithful, and recovering from these situations is a complicated and upsetting battle. For many, it is not a battle they are willing to make, leaving divorce as the only option.

Learn more about infidelity and divorce below.

What is the Legal Definition of Infidelity?

The legal definition of infidelity in Utah is voluntary sexual intercourse that occurs between a married person and another person who is not their spouse. It is also known as adultery and, in some extreme cases, is considered grounds for divorce.

Adultery in Utah

Twenty-one states, including Utah, consider adultery to be a crime. Though rarely prosecuted, it is a class B misdemeanor criminal offense. Adultery, in some cases, can be regarded as grounds for divorce. But because Utah is a no-fault state, infidelity is not necessarily grounds for divorce, though it can play a role during divorce proceedings. The couple may need to file for divorce for various reasons, such as “irreconcilable differences.”

Infidelity and Child Custody

In some cases, adultery can impact the court’s decision concerning child custody. Infidelity will only play a factor when the situation proves the unfaithful spouse’s inability to be a parent or that they demonstrate low moral standards. However, in most cases, adultery will not affect child custody decisions made by the court. The court determines child custody by looking at several factors. You can learn more about how child custody is awarded here.

Infidelity and Alimony

When there is a financial dependency from one spouse on the other, the court can order the spouse who makes more money to make payments to the other spouse. However, alimony may be denied if it can be proven that an unfaithful spouse (who makes less money) caused the marriage to end because of infidelity. Adultery will not play a role in alimony discussions if one spouse forgives the other for acts of infidelity.

Infidelity and Other Factors in a Divorce

In addition to child custody and alimony, extramarital affairs can affect other matters in a divorce. For example, infidelity can affect how assets and property are divided between the couple, but in most cases, it will not. In most situations, it will, however, impact settlement negotiations. The vast majority of cases involving infidelity will settle before going to trial.

Contact The Ault Firm

Infidelity and divorce are two of the most difficult experiences to cope with. A knowledgeable and experienced attorney should handle separations and divorces as a result of adultery.

The skilled lawyers at The Ault Firm have helped countless individuals with matters relating to their divorce. Our professionals can help you with child custody and visitation issues, alimony and child support payments, and more. If you are in the West Jordan or Salt Lake City area and need a divorce attorney, contact us to schedule your case review.

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The divorce lawyer you select for yourself can make or break your case. Continue reading to learn more about what you should be looking for in a divorce lawyer.

Trustworthy

The divorce lawyer you select should be someone you trust and feel comfortable with. You will be sharing important personal details with this person about yourself, your spouse, your marriage, your finances, your relationship with children, and just about everything else.

Not only should you feel confident in how your lawyer makes you feel, but you should also feel confident that they are offering the best advice and guidance possible. Going through a divorce can put you in a vulnerable situation. A lawyer that you can trust to protect you and yours is very important.

Communication

Clear, honest, and open communication is necessary between you and your divorce lawyer. Be sure to express any concerns, questions, and expectations you have so your attorney understands you and where you are. Being on the same page is critical when it comes to cases like these, and you should expect to communicate easily with your lawyer. Find a lawyer that explains things to you in a way you understand entirely. Quick and thorough communication is also to be expected between you and your lawyer.

Additionally, a good lawyer will be able to communicate and negotiate well with your spouse’s attorney. You can expect your divorce lawyer to handle these types of communications and interactions. You should also expect to be made aware of or included in these communications.

Experience and Knowledge

A qualified divorce lawyer will be well versed in the world of divorce law. Your divorce lawyer should be able to understand the intricacies of your case and know how to navigate them smoothly. Before hiring, you may want to consider asking your potential representation questions regarding your specific case. Is custody likely going to be an issue in your situation? Are finances potentially going to be a cause of contention? Many assets to separate? Find a divorce lawyer that is fluent in areas specific to your case.

It is also important that your hired representation has additional outside resources. Having support staff, paralegals, and colleagues to call on when extra help is needed will allow your case to run as smoothly as possible.

Choose Ault Firm, P.C.

Finding a lawyer that possesses all of these qualities sounds may sound like quite the accomplishment. However, the attorneys at Ault Firm can help you. The team of legal professionals has years and years of experience in successfully representing those going through a divorce.

Contact Ault Firm, P.C. to speak with an expert today regarding your divorce case.

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Look out for Your Best Interests

Do you trust your spouse? When it comes to divorce, both parties are usually only looking out for their best interests. Even if they haven’t given you a reason not to trust them, you should still work with a lawyer.
Learn more about the importance of working with a divorce lawyer.

Did You Really Agree On Everything?

Perhaps you and your spouse agreed on child support and how you intend to split debt, but there’s bound to be areas you two didn’t mention. When you first filed for divorce, your mind was probably clouded with sadness, and you likely didn’t think about the paperwork.

Here are intricate questions you both may have overlooked:

• What will happen to your house? If you plan on selling your property, how will you split the proceeds?
• How will you pay alimony? If you’ve decided on a yearly amount, will you pay it weekly, monthly, or yearly?
• Who is going to pay for extracurricular activities for the children?
• How much will you each contribute to your children’s college funds?
• Have you split your retirement assets?

There are several other questions you both may not have addressed, which could lead to conflict. Even if your spouse has given you their word, it’s best to work with a divorce lawyer who can help you consider other aspects you haven’t thought of.

Draft the Contracts

Once you have both discussed all concerns, you will need to memorialize the agreement on paper; this will govern your future obligations. One mistake may result in significant unintended consequences years from now.

Although you can draft the contracts on your own, you may not understand legal jargon. Divorce lawyers are experts in legal writing and analysis, and they can prepare your documents to perfection.

Some people attempt to file their documents with the court to no avail. A divorce lawyer can file your paperwork, which takes only one hour to do.

Times When You May Not Need a Lawyer

There are a few instances where you may not need to work with a divorce lawyer, but this is rare. For example, if you don’t have children or marital assets, then you can represent yourself in court. Another instance is if you’ve been divorced before; however, the procedure may have changed since your last divorce.
If you choose to represent yourself, you can pick up a packet designed to help self-represented individuals at your county court.

Contact The Ault Firm, P.C.

Ultimately, the choice is yours, but working with a divorce attorney can help reduce your stress during this difficult time. The experienced divorce attorneys at The Ault Firm will help you through your divorce every step of the way. Contact us today.

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Moreover, what you find through a cursory search on the internet may not even apply to your state. Divorce laws differ by state. Most states don’t require you to work with a divorce attorney, but sometimes a divorce attorney is the best way to protect your interests in court.

Is a Divorce Attorney Right for Me?

Based on what you see in the media, you might be under the impression that every couple requires the assistance of a divorce attorney. You may even expect the entire process to be heated and full of arguments—much like the portrayals of divorce on television. Proper communication can solve the vast majority of problems, so if you and your partner can converse in a civilized manner, then there won’t be a need for in-depth court assistance to end the marriage. The best-case scenario in a divorce is when couples are on the same page about most family matters. If this is the case, you and your spouse may be able to negotiate a divorce settlement without much court intervention.

Make sure to communicate calmly with your spouse about the following matters:

• Discuss ideal outcomes for child custody
• Visitation rights
• Child support
• Alimony
• Property division

What Will a Divorce Attorney Do?

Think of an attorney as a personal assistant who is there to help you fight your battles. Divorce is a stressful time for everyone in the family, and a divorce attorney can help with reducing stress. When you hire an attorney, most of your job is to provide the attorney with information. Attorneys handle everything else. This will free up more of your time so that you take care of your family and mental health during this difficult time.

Most importantly, an attorney will help you understand your rights. Attorneys are experts on local laws that pertain to your state. Every state has its own set of divorce laws, and you shouldn’t attempt to decipher them if you are not a professional attorney.

Are you worried that you’ll get stuck with an attorney who doesn’t have tact? One of the best parts about contracting an attorney is that you can interview with multiple attorneys before you decide to work with one. Don’t work with attorneys who don’t have experience with mediation, negotiations, and settlements.

Hiring a divorce attorney who goes above and beyond to make sure your needs are met is ideal in any divorce. Contact The Ault Firm today to work closely with one of our experienced divorce attorneys.

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Find An Attorney That Fits Your Unique Needs

Not all attorneys are created equal. Don’t hire the first lawyer you meet. Instead, aim to identify at least three potential attorneys that you can interview before making your decision. Prior to doing this, you should make a list of the most important aspects of your divorce. This may include child custody, debt allocation, or division of assets. Prioritize what is most important to you. All attorneys specialize in different areas. You want to find an attorney that will be able to assist you with the best concerning your specific family and financial needs. The ideal attorney is one that is knowledgeable, highly experienced, and aims to help you understand the process as fully as possible. Your decision should ultimately be based on the attorney that puts you at ease and makes you feel in charge of your divorce process.

Choose An Attorney In Your Price Range

Prior to interviewing potential attorneys, it is vital to know your budget. Attorneys are usually paid by the hour and typically require a retainer, or a down payment, for their services. Each attorney charges differently. Study your budget to know exactly what you can afford to avoid wasting your attorney’s time if you cannot afford their services.

The Attorney You Choose Should Talk To You In Terms You Can Understand

Divorce lingo can be difficult to understand however, it is crucial that you comprehend each step of the process. It is vital to look for an attorney who has the ability to turn complicated divorce jargon into phrases you fully understand. Find someone who wants to help you feel empowered throughout each step of your divorce.

A Divorce Attorney Is Not A Therapist

Remember, an attorney’s job is to legally represent you in the divorce process. They are not trained to assist you in your mental or emotional needs. An attorney is not a therapist. Seek out a mental health professional who can help you with those specific needs as you remember that your attorney is not generally qualified to do so. Be realistic about the role of your divorce attorney and what you should expect from them.

It is important to know what to look for in a divorce attorney prior to choosing one. As you aim to find the perfect fit, it is imperative to do your homework. First, you should prioritize the things that are the most important to you. Next, establish a budget. Third, look for an attorney that helps you understand the divorce process and makes you feel in charge of your divorce. And finally, interview several attorneys before making your decision.

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We invited our Salt Lake City divorce attorney from The Ault Firm to explain what happens when you or your spouse do not show up for a mediation session ordered by the court.

What is ‘court-ordered mediation’ in Utah?

In Utah, a judge may order mediation when a divorce involves such issues as child custody, child support, child visitation, and alimony. Essentially, mediation is an attempt by the judge to facilitate negotiations between the two spouses. The goal of mediation is to help the spouses work out their differences and get them to amicably agree on such issues as child custody, child support, and, among other things, alimony.

Typically, the mediation is attended by both parties and their lawyers in the presence of a neutral mediator. But what happens if one of the parties is a no-show for a mediation session? Are there any penalties or legal consequences imposed for failure to attend a court-ordered mediation session?

Our experienced divorce attorney in Salt Lake City explains that a spouse’s absence at the mediation can lead to a few scenarios, depending on the circumstances of your particular case.

What happens when a spouse does not attend mediation?

• Reschedule the mediation. When mediation is ordered by the judge in a divorce case, both spouses have the freedom to choose a date and time for the mediation session. If one or two of the spouses are unable to attend the session due to an unforeseeable hardship or emergency, the attorneys of both parties can get in touch to reschedule. If your spouse asks to reschedule the mediation session because of a “hardship,” but you have a reason to believe that he or she simply does not want to mediate disputes and issues in your divorce, do not refuse to reschedule in order to show a good faith effort to work out the differences. Failure to attend the subsequent, rescheduled mediation can prompt the judge to hold your spouse in contempt of court.
• Waiver of mediation. In some cases, spouses do not show up for a mediation session while they wait to get their waiver of mediation approved. A waiver of mediation can be requested by one of the spouses to cancel the mediation for good cause such as a physical inability to attend, being out of state, fearing violence or any other danger, or other compelling circumstance.
• Contempt of court. More often than not, if a spouse ignores court order, such as a court-ordered mediation session, and fails to reschedule or waive the mediation, the judge may hold him or her in contempt of court. If your Salt Lake City divorce attorney can prove that your spouse willfully disobeyed the court order, he or she may face jail time, a fine, or other penalties.
• Continuation of the divorce hearing. If your spouse failed to attend mediation, your lawyer can request continuation of the divorce hearing. When one of the spouses fails to attend the court-ordered meeting and fails to show good cause for rescheduling or waiving that meeting, the judge is more likely to rule on child custody, child support, child visitation, and alimony in favor of the other spouse (unless the other spouse failed to attend the meeting, too).

In any case, it is highly advised that you are represented by a skilled divorce lawyer. After all, judges hate it when spouses fail to show up for court-ordered meetings and sessions. You can use that to your own advantage with the help of an attorney. Contact 801-539-9000 for a free case evaluation.

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There are several considerations to make when you are deciding whether to go ahead and get divorced or take care of your bankruptcy first.

Type of Bankruptcy

A determining factor in deciding to file bankruptcy before or after your divorce is the type of bankruptcy you plan to file. Chapter 7 bankruptcy is a simple bankruptcy type that requires just a few months to complete. You can file a joint bankruptcy with your spouse, have your debts discharged, and then proceed with your divorce. If you file Chapter 13 bankruptcy, however, the process is long and drawn out, sometimes requiring up to five years to complete, which can complicate your divorce plans. However, if you file together, your combined incomes may be too high to file for Chapter 7 protection, which may necessitate waiting until after you divorce in order to file bankruptcy.

Marital Assets

You should also take your marital assets into consideration prior to filing bankruptcy before you get divorced. Review your assets with your Salt Lake City divorce attorney to determine how your assets are protected if you file bankruptcy jointly with your spouse, including any homes, vehicles and other large assets. Your attorney can best advise you on whether waiting to file or filing now is your best option.

Finally, consider the dynamics between you and your spouse. If you are on peaceful terms, filing bankruptcy prior to divorce may be a good plan. However, if your spouse is hostile, bankruptcy may only serve to make your situation worse. Keep in mind that a joint bankruptcy will require you to work with your spouse to gather documents and to make court appearances. You may have other remedies to prevent yourself from being stuck holding the bag if your divorce files for bankruptcy post-divorce and creditors pursue you. For example, your divorce attorney may suggest that you place a lien on your ex-spouse’s property until the debt in question is paid in full.

Contact The Ault Firm to discuss the particulars of your case prior to making a decision on which to file first – bankruptcy or divorce. Our Salt Lake City divorce attorney is available for a free consultation to discuss the particulars of your case. Gary identification. Contact the Salt Lake City family law attorney with The Ault Firm to discuss your adoption plans and determine if adopting internationally makes sense for your family.

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