Divorce rates aren’t low because more people are getting married. We can speculate that divorce rates are low because people are taking more care into their marriages. They are doing real work to ensure that their relationships are thriving. Conversely, if you are divorcing then your first instinct may be to think that you have failed at your relationship. This is so far from the truth. To put it into perspective, if people are doing more work than ever in their relationship then if your outcome is still divorce then you and your partner are absolutely making the right choice for you and your family.

Our Divorce Attorney at the Ault Law Firm in Draper understands the roller coaster ride that is divorce. Christopher Ault, Divorce Attorney, knows first hand what it is like to divorce because he too has been through it. So why go to a divorce attorney who knows the law, but doesn’t understand the emotional complexity of the situation? Our Divorce Attorney is not only top in the legal field but is also emotionally intelligent. We know how to get the process started in order to make the divorce as smooth of a process as possible.

When you and your spouse are deciding to break up there are many things to consider like child custody, visitation, spousal support, and subsequent modifications of those issues. Divorce doesn’t end when the claim has been processed. Divorce continues because we know that divorce isn’t the last big change your family will go through. Our Salt Lake City Divorce Attorney believes in following up on families in order to keep relationships and see when the family needs to work on modifications to situations such as child support or spousal support. Call 801-539-9000 or click here to schedule a conversation with an attorney who has first-hand knowledge of what you are going through. We are here to work for you and guide you through this emotional journey.

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As you may know, each divorce is different, which means it cannot be said that a divorce can be finalized in X number of weeks without taking all of the factors into account, and even then, divorces can get pretty unpredictable and divert from its originally predicted course quite quickly.

We asked our Salt Lake City divorce attorney from The Ault Legal to outline the timeline of an average divorce in Utah. While these time frames do not necessarily mean that your divorce will last for as long as the timeline goes, the only purpose of this divorce timeline is to illustrate the process of getting divorced in Utah as well as to help you get a better understanding of what to expect in the next X weeks of your divorce.

Week 1: You meet with your divorce lawyer in Salt Lake City or elsewhere in Utah and provide him/her with all the facts relevant to your case.

Week 1 or 2: Your attorneys helps you prepare and file your divorce complaint. After the divorce complaint has been filed, you will have to serve your spouse with a summons and a copy of the complaint. Unless your soon-former spouse evades service of the summons, this process usually takes about a week or so. Note: failure to serve the summons to your spouse within 120 days from the date of filing the divorce complaint will result in dismissal of your complaint.

Week 2 through 5: Within 21 days from the date your spouse has been properly served the summons, your spouse must provide a written response to your divorce complaint. If your spouse chooses to file a counterclaim against you, you will have to respond within 21 days.

Week 6: If your spouse ignores your complaint or otherwise fails to respond to it within 21 days, he or she will be deemed by court as being “in default,” which will permit you to seek judgement against your spouse for failure to respond.

Week 6 through 8: Let an experienced mediation attorney in Salt Lake City or elsewhere in Utah help you prepare your financial declaration and initial disclosures, which must be served upon your spouse. After doing do, your spouse must respond within 42 days after his or her first answer to your divorce complaint or 28 days after his/her initial appearance in the divorce action, whichever comes later.

Week 9: Your divorce enters the discovery stage, in which you and your spouse (and your divorce lawyers) will have to collect and present evidence, bring in witnesses, hear depositions, conduct mental health examinations, custody evaluations, and a wide variety of other procedures. The discovery period lasts for 180 days unless the court modifies the time period to shorten or prolong it.

Week 34 or 35: Unless you and your spouse are able to come to an agreement through divorce mediation, your divorce will be scheduled for trial. The court will schedule a date for the judge and the parties to attend preparations for the trial.

Week 43 through 47: The trial is set about 3 months.

Week 56: The trial lasts for up to 5 days depending on the complexity of your divorce and issues involved (child custody, child support, alimony, etc.).

Week 57: After the trial has been completed, the judge will have to rule his or her final verdict within 60 days.

Week 65: After the judge issues his or her final decision, he or she will direct one of the spouses to prepare a proposed draft of the Findings of Fact and Conclusions of Law and the Decree of Divorce.

Week 66 or 67: Unless your spouse has objections to the proposed Findings of Fact and Conclusions of Law and the Decree of Divorce (if so, he or she is required to respond within 7 days), the court will then issue the final Findings of Fact and Conclusions of Law and final Decree of Divorce.

It is highly advised to be legally represented by a Salt Lake City divorce attorney throughout the entire process. If you have any questions regarding the divorce timelines in Utah or have specific questions about your divorce, schedule a free consultation with our divorce lawyers at The Ault Legal. Call at 801-539-9000 today.

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And while you may have heard about celebrities getting temporary restraining orders against other celebs (for example, in 2016, Amber Heard obtained a temporary restraining order against Johnny Depp in a controversial scandal involving domestic abuse), you are probably not familiar with the term “injunction.”

Luckily for you, we have an experienced family law attorney Salt Lake City at The Ault Firm to help you understand the meaning of these words as well as the difference between them.

What does a temporary restraining order (TRO) mean?

Let’s start with something you are more or less familiar with: a temporary restraining order (TRO). A TRO is an order used by a court to protect a person (in divorce cases, a spouse) from another person (the other spouse) by telling him or her to do something or stop doing something.

The most common reasons why courts issue temporary restraining orders include but are not limited to encouraging a spouse to stop physical violence against the other spouse, prohibiting a spouse from being anywhere near the other spouse, and encouraging a spouse to move out of the marital house for the sake of the other spouse’s or their children’s safety.

When do courts issue temporary restraining orders?

Our Salt Lake City mediation attorney explains that more often than not, temporary restraining orders are obtained as part of a divorce action. Usually, one of the spouses is granted a TRO against the other spouse without letting the other spouse know about it. Then, the TRO is served to the abusive spouse by authorities or law enforcement.

Is there is a temporary restraining order against your spouse in place, there is a high likelihood that the TRO can affect the outcome of your divorce, including but not limited to helping you negotiate a favorable divorce settlement.

However, do not be naïve to think that courts grant temporary restraining orders left and right, without giving much thought into it. A court will grant a TRO only when the requesting spouse can prove that immediate and irreparable harm will be suffered unless the temporary restraining order is issued by the court.

The difference between a temporary restraining order and injunction

For those of you wondering, a temporary restraining order is effective for 10 days in Utah. After the first ten-day period, the court will hold a hearing (the so-called Order to Show Cause hearing) to decide whether or not it is necessary to keep the TRO in effect for longer.

If the spouse against whom the temporary restraining order was issued has complied with the terms of the TRO, the court is more likely to dismiss the order. If the spouse fails to prove his or her compliance with the order, or the requesting spouse convinces the court that the risk of immediate and irreparable harm persists, the court might extend the duration of the order, which will reclassify it into a preliminary injunction and kept until the divorce decree is issued.

When the divorce decree is issued, a preliminary injunction is reclassified into a permanent injunction. A permanent injunction can be ordered by a court as a final order in the divorce decree, permanently ordering one or both spouses to do something or stop doing something. Violations of a permanent injunction may prompt the court to find the spouse in contempt of court and impose penalties.

If you are considering to request a temporary restraining order against your spouse or have been served the TRO by authorities, it is highly advised that you consult with a Salt Lake City divorce attorney at The Ault Legal. Schedule a free consultation with our lawyers by calling at 801-539-9000.

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At a time when sharing explicit photos and videos has become an ordinary thing, it’s no surprise that many people who possess sensitive photos or videos of their ex-spouses choose to disseminate revenge porn in order to use it as leverage in their divorce.

Threatening to distribute revenge porn without your ex’s permission can be a powerful tool to get what you want in divorce negotiations. But will your ex-spouse, who shared your sensitive photos or videos online, be charged with a crime in Utah? This is the question we asked our experienced divorce attorney in Salt Lake City at The Ault Legal.

Does it make sense to report revenge porn to police?

Unfortunately, police in Utah has a reputation for failing to prosecute alleged offenders for spreading around revenge porn. Statistics show that a staggering more than 60 percent of all revenge porn cases reported to the police end with no legal consequences for the person who distributed intimate photos or videos of another person without the latter’s permission.

Needless to say, there are plenty of tools to prove that whoever possessed intimate photos or videos of you was the one who shared it online without your consent. These tools include but are not limited to checking IP address of the user who originally uploaded and distributed the sensitive material online. There are also many other online digital footprints that can help you prove that your ex is the one who distributed revenge porn.

Is revenge porn a crime in Utah?

Unlike many other states in our nation, Utah considers revenge porn a crime. And this is good news if your ex-spouse has distributed revenge porn out of… well, revenge, or threatens to do so.

The universally-accepted definition of “revenge porn” is disseminating explicit photography or videos of another person, typically the offender’s partner or spouse, who has taken it for the offender’s eyes only. Typically, the acts depicted in the intimate photos or videos are consensual, and usually involve either the victim alone or both the offender and the victim, but the distribution of that material after the fact is not consensual.

Our Salt Lake City divorce attorney explains that revenge porn is quite common in divorces and breakup where one of the spouses who possesses explicit photos or videos of the other spouse distributes these materials online, sells, displays, provides access to, or otherwise transfers them without the victim’s permission.

Typically, you may be able to hold your ex-spouse responsible for distributing revenge porn if the distribution was committed with the intent to cause you emotional distress or harm. Also, in order to prove that your ex-spouse committed revenge porn, you will have to establish that he or she distributed the explicit images or video knowingly or internationally, and that he or she knew that you did not give consent to the distribution of the material.

It seems more simply than you think, which is why it is highly advised to be represented by a skilled lawyer from The Ault Legal. Get a free consultation by calling at 801-539-9000.

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“By keeping records of written electronic communications and recording audio conversations with your spouse before, during, and after divorce, you will always be able to prove key facts in your case and shield yourself from false allegations and lies,” says our Salt Lake City divorce attorney at The Ault Firm. “The only thing that matters is that you comply with legal restrictions and limitations in Utah – or else these evidence and recordings will be inadmissible in court.”

Is it legal to keep emails, text messages and other written communication with your spouse?

So what are the rules for recording written and oral communications with your spouse or ex-spouse? Let’s start with written communication, which typically includes emails and text messages on your phone (the old-fashioned letters are a relic of the past in 2018, so it is very unlikely that you and your spouse communicate via the traditional correspondence).

Under Utah law, you are permitted to save copies and take screenshots of your email and text message communication with your spouse. In fact, our experienced divorce attorney in Salt Lake City says that it is risky to just leave potentially valuable, compromising, or incriminating emails or text messages on your email or cell provider’s server.

It is not uncommon for emails and text messages to disappear for no reason. And more often than not, it is impossible or extremely difficult to retrieve that data by contacting your email server admin or cell provider (typically, they do not store all your electronic communications). Even if they can retrieve data for you, it will be super expensive to do so.

So make it a habit to take screenshots of your written communication with your spouse, especially if he or she writes something that could help you prove your point and prevail in your divorce case. It is advised to print copies (if you keep them on your phone creates, there is a risk that your spouse could erase them) and store them somewhere safe (for example, safe deposit box or give it to a family member or someone you can trust).

Is it legal to record phone calls and conversations with your spouse in Utah?

Many of our readers in Utah ask our lawyers at The Ault Firm: “Do I violate any laws in Utah by recording telephone calls and in-person communications with my wife or husband?”

The answer to your question is “No, it is not illegal, but there are a few rules to keep in mind when doing so,” says our Salt Lake City divorce attorney. Contrary to the popular belief in Utah, you do not need your spouse’s permission to record a phone conversation or in-person, non-electronic communication as long as you are a party to the communication (meaning: it is fine to record phone calls and conversations unless you are secretly recording your spouse talking to somebody else).

Even if your spouse does not reasonably expect you to record the conversation between him/her and you, you are still permitted to record the conversation and use it as admissible evidence in court. But steer clear of hiding your recording device under the bed or in your spouse’s office to record him or her having conversations with other parties.

Keeping records and recording conversations is a crucial part of divorce in Utah. After all, only these recordings and records will help you prove what was and was not said by your spouse to avoid becoming a victim of false claims, lies, misinterpretations and misunderstandings.

Sounds too confusing? Schedule a free consultation with our attorneys at The Ault Firm. Call our offices at 801-539-9000.

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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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The Ault Firm, P.C. was founded by a Salt Lake City Divorce Attorney, Christopher M. Ault. His experience with Family Law is motivated by compassion and justice. We know that your case is different. We know that each family has their own special circumstances. The Ault Firm wants to respect your desires and choices. We also want to provide you with the education needed to make hard decisions for you and your family.

What Services Are Under Family Law?

Family Law is an umbrella term that covers a lot of legal territory: divorce, alimony, child custody, paternity, protective orders, and visitation. To your benefit, we specialize in all these areas. When you choose to separate from your loved one, and you have children, then expect to need these services as well.

Let’s Slow Down

If you are here then you are may be actively thinking or preparing to leave your partner. Regardless of how long you have been together, this is a hard, emotional choice. When you begin the separation process in the state of Utah, it is required that you enter at least one mediation session. The purpose of this session is to see if reconciliation can be reached. Even though mediators do not have to be a licensed attorney, our family law attorneys are also experts at mediation. Mediation may not resolve the marriage but it can help keep the divorce out of court. This helps with the emotional stress of separating on both parties. If you choose the Ault Firm to mediate we can continue to take care of the divorce. This will be easier on both parties as we will already be familiar with your case.

If after mediation you and your partner still want a divorce then there are other elements to consider like alimony, property, and children, if applicable. Our family law attorneys can also assist with these elements of divorce.

Divorce With Children

Utah values family and we do too. The state of Utah always seeks to benefit the child first. This means that the court may assess the parent’s competency, ability to keep the child’s welfare at its best, their willingness to work on the relationship with their child, where each parent lives, and whether the child can decide for themselves. We know that each parent is unique. Our responsibility is to closely examine your situation to present to you the best legal choices.

Let Salt Lake City Family Law Attorneys help you through this difficult time at the Ault Law Firm by calling 801-539-9000.

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Steps on the path to divorce or annulment

There are a number of legal steps that need to be taken before a divorce is finalized. For many people, the easier steps are filing for divorce or annulment and deciding on which grounds the divorce or annulment is based. The most common ground for divorce in Utah is “Irreconcilable Differences” which basically means the couple can’t/doesn’t want to stay married, but no blame is assigned to either party. Annulment is a little trickier and is only granted under certain circumstances such as the age of one spouse and parental consent at the time of the marriage or one spouse already being married to someone else.

In Utah, if there are minor children involved, the parties must attend a divorce orientation class and a divorce education class. If there are contested issues, the parties must attend a mediation session. The parties may ask the court for permission to waive the classes or mediation, but it’s up to the court to decide whether or not to waive these requirements.

Some of the more difficult aspects of divorce are related to the following:

• • Division of property in Utah is based on fair, not equal, division. If spouses cannot agree on how their property is to be divided, a court will divide the property in a manner that it deems fair to both parties.
  • Alimony/spousal support is court ordered financial support that one party pays to the other party during separation, divorce proceedings, and/or after the divorce is finalized.
  • Child custody and child support are often the most strenuous and difficult elements of a divorce. Utah has child support guidelines to determine the appropriate amount of support needed for a child. How much each party pays is related to custody arrangements and each spouse’s income.
  • Division of debt can be difficult as well, and if the parties cannot agree to how it will be divided, the court will divide debt in the manner it views to be most fair to both parties

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After the divorce is finalized

After the divorce is finalized, there may be continued, periodic legal needs due to ongoing family law issues such as custody and support enforcement/modification and divorce decree violations.

Going through a divorce can be complicated and you need a family law expert who is advocating for your best interests. Contact Salt Lake City divorce attorney, Christopher Ault, with Ault Law Firm, P.C. to help you through the legal process of divorce. He will be get you through each necessary step during and after this life-changing event.

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The main one of these is the question of how divorcing at this stage of your life could affect your retirement plans. For instance, would you have time to rebuild the financial nest egg you and your estranged spouse had put aside for your twilight years?

An experienced Salt Lake City divorce attorney from The Ault Firm outlines what you should be aware of when agreeing the terms of your separation.

Divorce Amongst Over 50s Has Doubled Since 1990

Through studying divorce statistics over the past three decades, researchers working on behalf of The Pew Research Center have reported that the number of divorces occurring between couples aged 50 or older doubled between 1990 and 2015. The most recent figures for these “gray divorces” show that around 10 in every 1,000 married people, aged at least 50, can be expected to divorce. While that still represents a relatively small proportion of all Salt Lake City divorces, your own divorce is a significant, and generally traumatic, life event, regardless of how many of your peers are going through the same.

If you are over 50 and facing divorce, it is normally recommended that you and your spouse consider a collaborative divorce. Of course, this will depend on the relationship you currently have, and is unlikely to be a viable option if you are not on speaking terms, but it is worth considering. If you are already divorced, it may be worth renegotiating the terms too. As this will depend heavily on your personal circumstances, you should discuss your options with an esteemed Salt Lake City divorce attorney if you think it may be a good idea for you and your former spouse.

For now, what exactly is a collaborative divorce?

Collaborative Divorce in Salt Lake City, Utah

As the name suggests, a collaborative divorce is one where both parties work together to come to a mutually agreeable arrangement relating to division of assets, child custody, and other aspects of the divorce. The main purpose of choosing a collaborative divorce is to avoid going to court, and the associated stress and expenses, instead working as a partnership for, perhaps, one last time as you amicably discuss the terms. Despite the collaborative nature of this option, it is still advisable to seek legal representation from an expert Salt Lake City divorce attorney, to ensure that your best interests have been protected.

To discuss your circumstances with a Salt Lake City divorce attorney, call us today on 801-539-9000 to schedule your initial consultation.

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