The post Tips for Effective Co-Parenting appeared first on The Ault Firm, P.C..
]]>
However, when you become a divorced parent, chances are, you would like to continue interacting with your children and with custodial and visitation arrangements; that also comes with working together with your ex as a co-parent.
Creating an effective co-parenting plan with your ex can become quite tricky, especially if your ex harbors ill feelings toward you. Consider the following tips to help you overcome the tense emotions of co-parenting to give your children the best possible environment:
Keep in mind that any feelings you have toward your co-parent have nothing to do with how you should interact with your children. Refuse to talk negatively about your co-parent in front of your children. Your children have the right to build upon their relationships with both parents, it would be best not to come in between that.
Communication with Co-Parent
Look, being your co-parent’s best friend is not going to happen. However, it’s crucial to be able to have amicable communication. Try establishing a more business-like relationship between you and your co-parent; imagine you’re both working for the same client and you have the shared goal of doing anything that is in the best interest of this client (your children). Attempting something like this could help the urge to get caught up in all the tense emotions between you and your co-parent.
The children will likely be traveling back and forth between two or more homes. Consider making an extra effort to drop your children off, rather than waiting until the co-parent comes to pick them up. In this way, you avoid sending out messages to your children that they are being “taken away.” Try sending out messages that you are trying to collaborate with one another.
While building a genuine co-parent relationship that is both smooth and collaborative can be trying at times, hopefully, these tips may help ease your journey. It’s important to remember that you are doing this in an effort to protect your child’s best interests above anything else.
The post Tips for Effective Co-Parenting appeared first on The Ault Firm, P.C..
]]>The post Bringing Back Jury Trials to Utah appeared first on The Ault Firm, P.C..
]]>It is said that the Court has worked closely with medical personnel to ensure that the jurors are protected. Juror selection will now include questions surrounding a person’s living circumstances as well as how comfortable they feel presenting in-person during a court setting. If selected, potential jurors will be given temperature checks and required to wear masks at all times while inside the courthouse. Additionally, on the first day of trial jurors will be given a rapid COVID-19 test along with attorneys, bailiffs, witnesses, court personnel, and defendants. Of course, the Court plan on having extra jurors available in case anyone becomes ill during the process.
Jurors will also be asked to sit socially distanced from one another. Currently, spectators will not be allowed in open court. Witnesses will be allowed to remove their masks when they are testifying in a well-ventilated area away from others in the courtroom. Courts will also be frequently cleaned and sanitized paying close attention to high touch areas. It is said that the highest priority trials will be for those sitting in jail who need their day in court. Currently, it is estimated that there are approximately 900 cases awaiting jury trial, for individuals who are being held both in-custody and out-of-custody.
Overall, it seems Utah is being appalled for trying to move jury trial forward in a safe and cautious manner for all involved, including closely working with medical personnel and adhering to their advice. It will be wonderful to get the jury trial moving again while keeping everyone as safe as possible. Other states attempted jury trial for smaller cases via video conferencing but Utah was reluctant to conduct trials in this manner.
The post Bringing Back Jury Trials to Utah appeared first on The Ault Firm, P.C..
]]>The post Characteristics of Admired Attorneys appeared first on The Ault Firm, P.C..
]]>Passion: An effective attorney must have passion for their career and their clients. The legal field is difficult, complicated and stressful. As such, it is not a field everyone is cut-out for. To be effective – you must love what you do and have a deep desire to represent your clients to the best of your ability.
Compassion: Empathy, kindness and care need to be demonstrated by an attorney. After all, the reason you hired an attorney most likely revolves around a life changing event, serious injury, death or other legal matter. A well-thought-of attorney not only represents their clients but genuinely wants to make their lives just a little bit better.
Communication: Communication is a fundamental aspect of being an attorney. To have an impact, an attorney must be able to communicate with a multitude of individuals in very different capacities. This includes their clients, counsel, and the courts. In order to represent your client well, an attorney must be eloquently convey their position.
Ability to Listen: While mastering the art of communication, an attorney must also listen. In fact, they must not just listen but they need to truly hear and digest what is being said to them. Whether a client is trying to convey an important fact, counsel is wanting to express a solution, or the Judge is speaking – your attorney must possess the skill of listening attentively. Listening can win and lose cases.
Knowledge: Of course an attorney must be knowledgeable in the area in which you are seeking advice. A successful attorney will specialize in the subject areas they are experienced in and refer out matters they do not practice in. Given the vast areas of law, no attorney can be knowledgeable and proficient in all of them. Attorneys with experience in the field you have retained them for will know the nuisances of practicing in that particular area.
Good Writers: Attorneys must possess strong writing skills – a quality which is required in nearly all areas of law that attorneys practice in. After all, attorneys will spend far more time behind a desk than participating in oral argument. Expressing thoughts on paper and submitting well thought-out, clear and concise documentation is essential.
Judgment: Attorneys need to have strong and sound judgment. Clients have full say and ultimate authority when it comes to their case. This may include agreeing to the terms of a settlement, accepting or rejecting a plea deal or agreeing to the terms of a contract or a Will. Although the client has final say, they will seek the advice of their attorney. It is the attorney’s responsibility to make sure the client understands what their choices are and the impact of those choices – both positive and negative.
The post Characteristics of Admired Attorneys appeared first on The Ault Firm, P.C..
]]>The post How you can Help Make your Divorce Easier appeared first on The Ault Firm, P.C..
]]>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.
The post How you can Help Make your Divorce Easier appeared first on The Ault Firm, P.C..
]]>The post Custody 101 appeared first on The Ault Firm, P.C..
]]>Legal Custody
Legal custody refers to the authority to make significant decisions for your child. Some examples of such decisions are where the child will attend school, if they will have a religious upbringing or not, and making emergency medical decisions. Legal custody has two options, which are:
1) Sole Custody — In this option, only one parent has the legal authority to make the child’s major decisions.
2) Joint Custody — This option gives legal authority to make major decisions for both parents. In other words, both parents would have a say in religion, schooling, and healthcare decisions.
Physical Custody
Physical custody is the legal way of saying where the child lives the majority of the time. Physical custody is sometimes referred to as residential custody. There are three types of physical custody:
1. Sole Physical Custody — Sole physical custody means that the child resides at one of the parents’ homes permanently. In most cases, the non-custodial parent is granted visitation and/or sleepover rights.
2. Joint Physical Custody — In this scenario, the child lives with one of the parents during part of the time and with the other parent during the remaining time. The time spent with each parent is approximately equal. This form of custody is also known as a dual residence, shared parenting, and shared custody.
3. Bird’s Nest Custody — This child, in this instance, lives in a central location, and the parents rotate in and out regularly. For example, one parent stays with the child Monday through Thursday, and the other parent stays Thursday until Monday. Think of it as the child or children staying in the original shared home and the parents moving into other residences. This option can be easier on the child but is more costly due to the need to maintain multiple residences.
The post Custody 101 appeared first on The Ault Firm, P.C..
]]>The post What Are the Different Types of Separation? appeared first on The Ault Firm, P.C..
]]>While divorce and separation have a few similarities, they are not the same. A separation is when a married couple decides to separate. Whether it is a short-term or long-term decision, the couple has chosen to remain legally married but divide their debts, assets, and responsibilities.
Continue reading to learn about the three different types of separation below.
There are three types of separation. While only one will change your legal status in most states, all three of them can affect your legal rights.
Couples opt for legal separation instead of a divorce for various reasons, such as religious or personal beliefs or the desire or the pressure to keep the family together for the children’s sake legally.
Whether you are getting a divorce or have chosen one of the different types of separation, the end of a relationship is never easy. If you are in the Salt Lake City or West Jordan, Utah, area and require an experienced family law attorney, contact the knowledgeable team of professionals at The Ault Firm. With decades of experience, our lawyers can help you navigate this challenging time and provide comprehensive legal representation. Let our professionals guide you through this complicated process by scheduling your case review today.
The post What Are the Different Types of Separation? appeared first on The Ault Firm, P.C..
]]>The post 5 Commonly Asked Questions About Divorce — Part 2 appeared first on The Ault Firm, P.C..
]]>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.
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.
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.
A: With extraordinary circumstances, the court can waive mandatory waiting periods.
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.
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.
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!
The post 5 Commonly Asked Questions About Divorce — Part 2 appeared first on The Ault Firm, P.C..
]]>The post 5 Commonly Asked Questions About Divorce — Part 1 appeared first on The Ault Firm, P.C..
]]>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.
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.
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.
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.
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.
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.
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!
The post 5 Commonly Asked Questions About Divorce — Part 1 appeared first on The Ault Firm, P.C..
]]>The post What is the Difference Between a Divorce Decree and Divorce Certificate? appeared first on The Ault Firm, P.C..
]]>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.
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 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.
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.
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.
The post What is the Difference Between a Divorce Decree and Divorce Certificate? appeared first on The Ault Firm, P.C..
]]>The post Annulment and Divorce appeared first on The Ault Firm, P.C..
]]>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.
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.
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.
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:
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.
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.
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.
The post Annulment and Divorce appeared first on The Ault Firm, P.C..
]]>