Make a Budget

The first thing that you should consider is making a budget. The goal of your budget should be to include all of your expenses, both required and for pleasure, to ensure there aren’t any surprises once the divorce is finalized and you are on your own. It is also wise to regularly update this budget after the separation to help you see where your money is going and make adjustments accordingly.

There are other factors to consider when making a budget, not just money in and out. It should encompass whether you will be staying in the current home or moving out. If you will be staying, can you afford the costs to maintain the current living situation? Another thing to consider that is budget-related is housing and caring for pets or children. If you have either of these, there will be expenses that go along with them. Another budget-related topic is employment. If you don’t currently work or work part-time, you may need to consider finding a full-time position so you can support the new costs after your divorce. Last but not least, you should also factor in costs for the attorney and legal costs related to the divorce along with rebuying some electro domestic items you may “lose” after the divorce is finalized. 

Make a Legal Plan

A divorce can get complicated outside of the legal world, and it can seem almost overwhelming, which is why we recommend you approach it with a plan set in place. One of the easiest ways to help ensure the divorce goes off without a hitch is to hire an experienced attorney who will represent you and help shoulder the legal side of things. Together with the attorney, you will set up a plan, including all the tools and laws that will help your case. It is recommended that you find an attorney before you present the official papers to your spouse.  

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The knowledgeable attorneys at The Ault Firm understand this complicated process can be difficult to understand, and we want to help. Last time, we answered five commonly asked questions about divorce, and today, we are finishing up with part two.

Please remember that our answers are speaking in general terms and vary from case to case.

Find out the answers to five of the most frequently asked questions below.

Q: What is a default divorce?

A: If the respondent has not filed a response within their allotted time, the court can grant the requests of the petitioner found in the petition and sign the divorce decree. A lack of response from the respondent is a forfeiture of participation, and the court can grant a default divorce.

Q: How long is the divorce process?

A: Many factors affect the length of a divorce. Some are based on your or your spouse’s willingness to cooperate, and others are state legal requirements, such as:

Residency Requirements — Many states require that one or both spouses be residents of the state for a certain amount of time. For example, in Utah, you or your spouse must reside in a single county for at least three months immediately before filing.

Separation Requirements — Some states require you and your spouse to live separately for a certain amount of time before obtaining a divorce. These requirements range from no time to three years.

Waiting Periods — Some states require a certain amount of time between filing for divorce and court hearings. Utah’s waiting period is 30 days; others are up to 90 days.

Other Requirements — Other requirements required by some states may include mediation, counseling, parental education classes, and more.

Q: Can the waiting period be shortened?

A: With extraordinary circumstances, the court can waive mandatory waiting periods.

Q: Can I represent myself in court?

A: You are not required to hire an attorney in your divorce case, though it is highly advisable. It is important to note that if you opt to represent yourself, you are still expected to know and understand legal processes, jargon, and procedures to the extent that an attorney would. This can make your experience incredibly difficult as judges, clerks, and other court staff cannot give legal advice. Additionally, each of your legal documents is expected to be submitted correctly and on time.

An experienced family law attorney best handles the complicated matters discussed in divorce, such as property, asset, and debt division, spousal and child support, child custody, and visitation. At the very least, it is in your best interest to consult with a lawyer before settling on representing yourself.

Q: What is a collaborative divorce?

A: Similar to mediation, a collaborative divorce is a form of alternative dispute resolution where each spouse hires an attorney who attempts to reach a marital settlement agreement. This process can save the divorcing couple money. However, if an agreement cannot be reached, the hired collaborative lawyers cannot represent either party in court and could increase divorce costs.

Contact The Ault Firm, P.C.

For more questions about divorce, let the knowledgeable team of attorneys at The Ault Firm help in Salt Lake City and West Jordan, Utah, help. With decades of experience and a commitment to serve and protect your best interests, our team can help you navigate this complicated process. Call to schedule your case review today!

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This overwhelming process brings up many unknowns and uncertainties regarding divorce. Today, we are diving in and answering five of the most commonly asked questions about divorce.

Please note, our answers are generally speaking and can vary from your case.

Continue reading to get your questions answered below.

Q: What is the general process for divorce?

A: When an individual wants a divorce, they must file a petition, or complaint, with the court. A copy of the petition is served to their spouse (the respondent), often by the sheriff’s office, and the respondent has a certain number of days to respond to the petition. Under Utah law, they have 21 days if they were served in Utah or 30 days if done outside of Utah to respond to the petition.

How things move forward is based on how their spouse responds. They may file a response and agree to everything you’ve requested in the petition, and the petitioner and respondent reach an agreement. Or the respondent may not respond at all.

Documents, such as financial statements, may also need filing. In contested cases, things can get overwhelmingly complex and emotional, leading to more documents needing to be filed and one or more court hearings.

Q: What is an uncontested divorce?

A: Not all divorces are filled with conflict and animosity. When spouses mutually agree to end their marriage and agree to terms they are both satisfied with; you get an uncontested divorce. You can read more about uncontested divorces here.

Q: How much does a divorce cost?

A: There are both variable costs and fixed costs associated with divorce. The fixed costs include filing fees paid to the court and fees to have the divorce papers served. These costs vary from one state to the next but average around $300.

The variable costs include attorney’s fees for document preparation and legal representation. These fees vary greatly based on the case’s difficulty and the extent to which matters are contested. Extra fees may be added for certain things, i.e., the court may order mediation of disputed issues, or if your case requires a financial analyst to iron out complicated property matters.

Q: Will I be required to go to court?

A: Whether contested or uncontested, you will likely need to attend some sort of hearing for your divorce. Depending on your case, one or both of you may be required to participate. Generally speaking, when you and spouse have already signed a settlement agreement, the hearing may only take half an hour. There will be one or more extensive formal hearings that you will need to attend for contested cases.

Q: What is a no-fault divorce?

A: When seeking a divorce from the court, you must provide a reason, or a fault, for the divorce. These fault reasons include willful abandonment, impotence, adultery, and more. However, to keep matters private, you can opt for no-fault and be granted a divorce simply because one does not wish to be married any longer. Learn more about no-fault divorces here.

Contact The Ault Firm, P.C.

If you have more questions about divorce and need answers from an experienced and knowledgeable lawyer, contact The Ault Firm. We have years of divorce and family law experience in the Salt Lake County, Utah, area and are dedicated to protecting your rights. Let our skilled attorneys help you navigate this complex process. Call to schedule your case review today!

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Divorce is a complex process that comes with even more complicated jargon and confusing documents. Each divorce paper you are given serves a different purpose and can feel overwhelming. For example, you received a divorce decree from the court, but the court does not provide your divorce certificate.

Continue reading to find out more.

Divorce Decrees and Divorce Certificates

The two terms are easily confused, divorce decree and divorce certificate, with their similar titles. However, they are entirely separate and different documents. Let us take a look at the differences:

Divorce Decree — Your divorce decree is the final court document that contains important information about your case, such as custody, visitation, alimony, child support, property and asset division, and more. Most decrees will thoroughly spell out all of your agreed-upon matters, like who is in charge of obtaining life and health insurance and how debt is divided.

Divorce Certificate — A divorce certificate is a completely separate document from your divorce decree and is not issued by the court. A divorce certificate is distributed by your state’s health department or bureau of vital statistics, typically the same place that issues birth certificates. This certificate is simple in comparison and outlines that you are divorce, the names of each former spouse, and the date and place of divorce.

After You Receive Your Divorce Decree

After you are issued your divorce decree, make sure you and your former spouse are obeying the terms mapped out in it. Living within these terms and complying with all obligations, like paying child support, following through on visitation, and obtaining and paying for insurance, is important and will keep things running smoothly. If you or your former spouse violate the decree, you can face significant fines and even jail time.

Once you receive your divorce decree, make sure you read it in its entirety for accuracy. You should direct any questions to your lawyer and file any appeals immediately. Additionally, you need to change your will, power of attorney, and beneficiaries, update emergency contacts, and put all bank accounts in your name only.

You will need to bring your case back to the court if you need to change spousal or child support later on or if your former spouse is violating the decree.

The Uses of Divorce Certificates 

A divorce certificate comes in handy when you are looking to get your name changed, needing to show proof of your divorce without revealing details, and getting a travel visa or passport. It is also helpful when needing to show that you are single or if you are getting remarried.

Contact The Ault Firm, P.C.

Knowing the difference between your divorce decree and divorce certificate can feel like the tip of the iceberg in terms of feeling confused and overwhelmed by the divorce process. Get the help, guidance, and comprehensive representation you deserve with the professionals at The Ault Firm. Our knowledgeable and experienced attorneys will help you navigate this complicated process and protect your rights and best interests.

If you are in Salt Lake City or West Jordan in Utah or the surrounding area and need a family law and divorce attorney, contact our skilled lawyers to schedule your case review today.

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While annulments and divorce both end a marriage, they differ quite a bit from each other. Today, we are taking a more in-depth look and comparing and contrasting the two.

Learn more about the similarities and differences between annulments and divorce below.

Annulment vs. Divorce

The biggest difference you will find between annulment and divorce is that divorce terminates a legally valid marriage and annulments legally and officially proclaim a marriage to have been invalid. Most couples seeking to end their marriage can meet the legal requirements and grounds for divorce, but not an annulment.

What is an Annulment?

An annulment is a legal ruling that cancels a marriage. Legally speaking, an annulled marriage is virtually erased, as it technically was never valid or existed. Once annulled, you were never legally married. It is important to note that, though the marriage is null and void, the marriage records will remain on file and that an annulment was granted.

Grounds for Annulment in Utah

Like divorce, you will need to have a reason (ground) to be granted an annulment in Utah. Here are the grounds for annulment in Utah:

• FRAUD — One party lied about or kept something hidden that directly affects the marriage. In cases where fraud is present, it needs to be extreme enough where the other spouse, had they known about the fraud, would not have gone through with the marriage.
• IMPOTENCE — One party is unable to consummate the marriage.
• UNDERAGE — One or both spouses are under the legal marriage age. In Utah, the legal age for marriage is 18. However, it is 16 with parental consent or 15 with parental consent andpermission from the court. If proper consent was given at the time of marriage, an annulment is not an option. The parent or guardian of the underage individual can file on their behalf.
• MISREPRESENTATION — One party lied about certain things that are harmful to the other party.
• INCEST — The couple is related, such as siblings, first cousins, etc.
• BIGAMY — One or both parties is already married, including if that party’s divorce decree is not finalized yet.

What is a Divorce?

A divorce is a legal dissolution, termination, and end of a valid marriage. A finalized divorce declares both parties to be single again and gives them the ability to remarry.

Grounds for Divorce in Utah

There are countless reasons for divorce, but the court must find it to be an adequate reason. You can learn more about the grounds for divorce in Utah here for fault and no-fault divorces.

Contact The Ault Firm P.C.

If your marriage has come to an end, it is important to seek the guidance and expertise of a knowledgeable Salt Lake City family law attorney who can help you further distinguish between annulment and divorce. The professionals at The Ault Firm have decades of experience and are dedicated to serving your best interests. If you live in Salt Lake County, Utah, our skilled attorneys are here to help you navigate this complicated process and are committed to providing comprehensive legal representation. Call The Ault Firm to schedule your case review today.

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Determining whether to get a legal separation or divorce can be overwhelming and confusing. Before you can decide, it is important to thoroughly understand their similarities, differences, and the legal and emotional aftermath that each option brings.

Read more about the differences and similarities between the two below.

Are Legal Separation and Divorce the Same Thing?

Divorce and legal separation are not the same things. However, there are some similar effects between the two. Both divorce and legal separation legally allow space between you and your spouse. They create boundaries and a clear division in your lives by which you are legally required to live. Where you live and your finances are all separate. Even child custody, child support, spousal support/alimony, and the division of marital assets and debts are all court-ordered.

A significant difference between these two is that your marriage is legally and formally over when you divorce your spouse. You can live your life as a single individual and are free to get remarried. However, when you legally separate, you are still married to each other. You will continue to check “married” on forms, and you are not able to remarry. You still have the legal right to inherit from each other. Lastly, a child born to a married woman is legally considered the child of the mother’s spouse, unless proven differently.

Why Get Legally Separated Instead of Divorced?

Choosing a legal separation or a divorce is typically a matter of personal preference between spouses. Some couples have religious or personal beliefs that do not allow for divorce, but a legal separation allows completely separate lives while remaining married. This way, you are still entitled to a handful of benefits, like pensions that pay surviving spouses and Social Security

Legal separations are a common stepping stone for those on the path to divorce. This pit stop allows couples to settle important matters, such as financial or custody issues while remaining married and determining what they each genuinely want. A legal separation can be reversed, while a divorce cannot. Some couples choose to legally separate instead of divorce for their kids because it sounds less devastating or as permanent as divorce.

Required Separation Before Divorce

Some states require spouses to separate before they can divorce under certain grounds. A waiting period must be met where you live separately and apart before a court will grant a divorce. However, in other states, legal separation is not required and can be grounds for divorce.

Contact The Ault Firm P.C.

There is nothing easy about legal separation and divorce. If you need formal distance from your spouse but are not ready to commit to a divorce, a legal separation may fit your situation. If you are considering legally separating or getting a divorce, it is important to seek representation from a knowledgeable divorce attorney. The experienced team of lawyers at The Ault Firm are here to offer guidance and support and will work to protect your best interests and rights. Contact us to schedule your case review in the Salt Lake City and West Jordan areas in Utah.

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While judging a book by its cover — or being judged on what you wear to your hearing — might seem shallow, it is the way things are. What you choose to wear and how you look can impact the proceedings. Before you get ready for your court date, make sure to read the following to ensure you are appropriately dressed.

Advice on the Best Way to Dress for Divorce Court

Conservative business attire will help you make a great impression during your proceedings. Find something you would wear to a serious, solemn occasion, such as a church meeting or a funeral. To look professional, avoid “loud” colors and styles and select comfortable clothes that fit well that are neither too baggy nor too tight.

Preparing for the courtroom is an important step that should not be skipped. While dressing for court is usually easier for men than it is women, it is vital that everyone take the time to get cleaned up and ready for this important meeting. Men really cannot go wrong with a suit and tie or slacks with a tucked-in dress shirt and blazer. While women should aim for a knee-length or longer skirt or slacks paired with a modest blouse. Here are a few more tips for dressing for the occasion:

• Whatever you decide to wear, make sure it is clean (looking and smelling) and is ironed. Ironing makes a big difference in these situations. You can immediately go from looking sloppy to looking put together with pressed clothing.
• Avoid casual clothes like distressed jeans, hats, shorts, tank tops, flip-flops, or t-shirts with graphics or words.
• Avoid clothing that promotes controversial topics such as politics, drugs, violence, profanities, or sexual acts.
• Keep jewelry and other accessories to a minimum, as they can be distracting. Keep flashy pieces at home, like diamond earrings and statement necklaces. If in doubt, stick with functional jewelry only, such as a wedding ring or modest wristwatch.
• Make sure to be well-groomed. This includes a recent shower, a tidy hairstyle, clean fingernails, and, for men, trimmed facial hair. Women should avoid heavy makeup and strong perfumes.
• Avoid revealing clothing like halter tops, mini skirts, see-through attire, and pieces that reveal undergarments.
• For women, if you want to wear heels, make sure they are comfortable and that walking is easy.

If you are still unsure what you should wear to the courtroom, it may be useful to consult your lawyer. Moreover, your attorney may know the judge assigned to your case and can provide details on how to leave them with a good impression.

Contact The Ault Firm

Knowing how to dress for divorce court and looking good is essential. The skilled professionals at The Ault Firm will help you look even better. Our experienced team of attorneys will provide comprehensive legal representation and is ready to help you navigate this complex process. To schedule your case review with our professionals, contact us today. We serve Salt Lake City, Utah, and the surrounding area.

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It is often accompanied by significant life changes and transitions, on top of overwhelming emotions. Divorce is undoubtedly one of the most serious and painful challenges one faces in life. However, with these hard times come many priceless and invaluable opportunities for growth. 

Continue scrolling to read these important life lessons.

Positive Lessons to Learn from Divorce

1. Nothing Good Comes from Trying to Hurt Your Ex — While, in the moment, saying or doing something hurtful to your ex may feel good, nothing positive will come from this. Do your best to implement the Golden Rule in your relationship going forward: treat them how you would like to be treated. This is especially true is if you share children. Your kids can learn a lesson from your divorce, too. Show them how to be respectful, kind, and cordial—even when it is the harder thing to do.

1. You Can Do Hard Things — Divorce is one of the more challenging times in a person’s life. With that said, you can do hard things. You are capable of coming out of this difficult time stronger, happier, and healthier. Divorce can be a “what doesn’t kill you” type of lesson.

1. Recovery Looks Different — Recovery is not a one-size-fits-all process. It is incredibly personal and looks different from one person to the next. What worked for your co-worker or neighbor might not work for you. Similarly, how long it takes a person to “move forward” does not necessarily mean your timeline will look the same. The stages of grief hit every person differently. Do what you need to do to recover and be willing to take the necessary time.

1. Sometimes, Divorce is the Best Option — Divorce can seem like the end of the world. However, in some cases, divorce is the better option. If your relationship is toxic, you and your spouse are unhappy, or you two are not the best versions of yourselves when you are together, then being apart might be the smarter choice. If staying in a marriage is doing more harm than good, it may be time to take a hard look at your situation and determine if your relationship is still a choice you want to make every day.

1. Love Yourself and Who You Are — Many people compare divorce to coping with death. It is not an easy feat. Throughout this process, you will learn who you are and what you are capable of withstanding through each stage and every phase. Your self-worth, sense of safety, and support circle may be tested, but, over time, you will find yourself, you will love yourself, and you will love who you have become.

Contact The Ault Firm

Losing your spouse comes with many challenges and obstacles; however, there are many valuable lessons to learn from divorce. If you are considering a divorce and are in the Salt Lake City, Utah, area, contact the experienced professionals at The Ault Firm. Our knowledgable team of attorneys will help you navigate this complex process and give you the comprehensive legal representation you require. Contact us to schedule your case review today.

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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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Doing your homework in advance can help the process go as smoothly as possible. While the overall divorce process is more or less the same in all 50 states, knowing even the smallest details within our divorce laws can make a world of difference.

Continue reading to learn more about our state’s divorce laws below.

Residency Requirements

Utah divorce laws require that you live in a single county in Utah for at least three months immediately before filing for divorce. Please note that only one spouse (you or your spouse) needs to satisfy this requirement.

Mandatory Waiting Period

Utah law requires that there are at least 30 days between filing for divorce and your divorce hearing. This waiting period can be waived if either spouse can show the court that extraordinary circumstances exist.

Grounds for Divorce in Utah

There are many reasons couples decide to file for divorce. However, to be granted a divorce, you must show the court that your marriage is irrevocably broken down. Utah is a mixed state, meaning you do not have to show fault to be granted a divorce. Though, it is up to you if you want a fault or no-fault divorce. No-fault divorce grounds include irreconcilable differences or living separately for three or more consecutive years. Fault divorce grounds include impotence, adultery, willful desertion or neglect, habitual drunkenness, etc. You can learn more about the many different grounds for divorce here.

Division of Property

Utah is an equitable division state, meaning Utah courts will use an equitable approach when dividing marital property and assets between spouses. It is easy to confuse equitable division with equal division; however, they are not the same thing. Instead of an equal, 50/50 split, the court will find a split that is “fair” to both parties. Learn more about how property and assets are divided in Utah divorces here.

Child Custody

When it comes to child custody, Utah courts will always look at what is in the best interest of the child. The court will establish both legal and physical custody. Legal custody refers to which parent(s) has the right and obligation to make decisions concerning the child’s upbringing. On the other hand, physical custody refers to with whom the child resides. There are several variations of custody arrangements, such as sole legal/sole physical, joint legal/joint physical, joint legal/sole physical, and split custody.

Contact The Ault Firm

If you are going through a divorce and live in Utah, it is essential to have legal representation from an attorney who thoroughly understands Utah divorce laws. The professionals at The Ault Firm have years of experience in Utah divorces and want to protect your rights.

We understand the challenges and obstacles individuals face during the divorce process and are committed to providing comprehensive legal representation and counsel. If you live in Salt Lake County or the surrounding area, contact us to schedule your case review today.

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