Life Changes: Divorce (Child Custody)

Getting Divorced in Utah: How is Child Custody Determined?

Determining child custody is one of the most critical decisions and complicated decisions that spouses will be faced with in a divorce. In Utah, child custody can be determined as part of a divorce hearing or it can be addressed in a separate hearing.

Basically, there are two issues to be addressed: Legal Custody and Physical Custody. Legal Custody determines who will make major decisions (medical care decisions, education, etc.) on behalf of a child. Physical Custody addresses where a child will live. There are a number of combinations that can be considered by the parents and the court.

• Sole legal and Sole physical custody: One parent has both legal and physical custody of the children.
• Joint legal and Joint physical custody: Children live with both parents, and both parents make important decisions for the children.
• Joint legal and sole physical custody: Both parents make important decisions on behalf of the children, but the children reside with one parent.
• Split custody: Where there is more than one child, each parent is given sole physical custody of at least one of the children. Legal custody can still be sole or joint.

If the court must decide custody arrangements, factors are considered to determine the child’s best interest. The following is taken directly form Utah Courts Website:

In addition to custody, designations can be made for “parent time” and custody arrangements can be revisited by the court at the parents’ request.

Good luck in your search for answers. I hope this is helpful.

(Clickhere to return to Life Changes: Divorce "home" blog)

If you find yourself needing assistance buying or selling a home, my team can help you.

Call Chris: 435-313-3966
Or Visit: www.whystgeorge.com

**I am not an attorney and am in no way trying to give legal advice or practice law. The information on this website is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem.

Two attorneys in St. George, Utah that practice family law are Sam Draper and Adam Caldwell. The primary source for information on this site has been the Utah Courts Website.

Life Changes: Divorce (Alimony)

Getting Divorced in Utah: How is Alimony Determined?

There is no set formula in Utah for determining alimony. Either party can request alimony payment. In general, the court will consider awarding alimony to help maintain the same standard of living that was present during the marriage. There are, however, various factors that affect the alimony amount and the Court will not require a payment higher than the ability of the payor to pay.

Factors that affect alimony are:

• The ability of the paying spouse to pay (The court will not order the spouse paying alimony to pay so much that he/she is unable to be self-sufficient.)
• The ability of each spouse to provide income
• The length of the marriage
• The financial obligations of each spouse
• Who has custody of minor children
• Whether one spouse contributed significantly to the other spouse’s ability to provide income (paying for school or enabling further training or education)

Alimony will not be paid longer than the length of the marriage unless there are special circumstances.

Remember, alimony is tax deductible for the payor and taxable for the recipient. (See: How Will My Taxes be affected?)

Good luck in your search for answers. I hope this is helpful.

(Clickhere to return to Life Changes: Divorce "home" blog)

If you find yourself needing assistance buying or selling a home, my team can help you.
Call Chris: 435-313-3966
Or Visit: www.whystgeorge.com

**I am not an attorney and am in no way trying to give legal advice or practice law. The information on this website is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem.

Two attorneys in St. George, Utah that practice family law are Sam Draper and Adam Caldwell. The primary source for information on this site has been the Utah Courts Website.

Life Changes: Divorce (Debt Division)

Getting Divorced in Utah: What Will Happen to Our Debt?

When dividing debt, Utah’s “equitable division” once again applies. The division is made to be fair not necessarily split 50/50 between the parties. If the spouses can reach an agreement, the arrangement will be included in the divorce decree. If an agreement cannot be met, the court will make divisions.

Debt associated with personal or real property, generally, goes to the person who gets the property. So if you get a car and there is still money owed on the car, you also get the debt. Debt that has been accrued to benefit the family is generally split between parties.

Something to be aware of is that creditors are not bound to honor the division of debt specified in the decree even if they have been informed of the division. If one party does not pay a creditor, the creditor can demand payment of the other party, who then has to try to collect money from the other.

Good luck in your search for answers. I hope this is helpful.

(Click here to return to Life Changes: Divorce "home" blog)

If you find yourself needing assistance buying or selling a home, my team can help you.
Call Chris: 435-313-3966
Or Visit: www.whystgeorge.com

**I am not an attorney and am in no way trying to give legal advice or practice law. The information on this website is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem.

Two attorneys in St. George, Utah that practice family law are Sam Draper and Adam Caldwell. The primary source for information on this site has been the Utah Courts Website.

Life Changes: Divorce (Asset Division)

Getting Divorced in Utah: What happens to property, assets and retirement funds?

In Utah, an “equitable division” of property is required. Equitable does not mean a 50/50 split. Equitable simply means fair. If the two parties can reach an agreement that they feel is equitable, the judge will still review the agreement to make sure that it qualifies as fair.

There are many contributing factors in deciding what is an equitable division. The Utah Courts gives the following guidelines:

Deciding what is a fair distribution of property includes several factors, such as how long the marriage has lasted, the age and health of the parties, their occupations, the amounts and sources of income and related matters.

For long-term marriages, equitable may mean a 50-50 split, or the court may decide that it is fair to give one party more or less than 50% of the property.

For short term marriages, the court may put the people back into the economic position they had before the marriage. In other words, he gets what was his at the beginning of the marriage, and she gets what was hers.

Division of Real Property (Land, houses)

Generally, regardless of whose name is on the deed, any property bought during the marriage will be divided as marital property. Either the property will be split and the proceeds split, or an agreement can be reached where one person might get more of something else to off-set the other getting the property. The property may need to be refinanced in order to get the mortgage in the right name.

Personal Property (Cars, boats, jewelry, furniture, tools, etc)

Like Real Property, in general, personal property will be divided as marital property regardless of whose name might be a title. The loose guideline is to divide up the property so each person can set up a new home.

Retirement Accounts

Retirement accounts and pensions can be tricky because of tax implications of early withdrawal and the long term nature of their setup. The following is an excerpt from the Utah Courts Website.

Good luck in your search for answers. I hope this is helpful.

(Clickhere to return to Life Changes: Divorce "home" blog)

If you find yourself needing assistance buying or selling a home, my team can help you.
Call Chris: 435-313-3966
Or Visit: www.whystgeorge.com

**I am not an attorney and am in no way trying to give legal advice or practice law. The information on this website is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem.

Two attorneys in St. George, Utah that practice family law are Sam Draper and Adam Caldwell. The primary source for information on this site has been the Utah Courts Website.

Life Changes: Divorce (Taxes)

Getting Divorced in Utah: How Will My Taxes Be Affected?

Like everything that has to do with the IRS, this is a HUGE topic, but it can be tackled. Every circumstance is different and consulting with an accountant/CPA might help with the nitty gritty details, but this can at least get you started and identify areas that need to be considered.

Filing status change: The date that your divorce decree becomes final matters. The year that your divorce becomes final is the year that you start filing separate tax returns. For example, if your decree is signed December 31, 2014, then you will file separately for 2014 even though you were married for all but the last day of the year. In most divorce cases, that means dad is now a single filer and mom, who has the kids, files as head of household, which provides a greater standard deduction amount. But make sure you really meet head of household requirements, you must have had a dependent living with you for more than half the year and you had to pay for more than half of the upkeep of your home.

Child Exemptions and Credits: The custodial parent, the parent who a child spends most of the year with, can continue to claim a child as a dependent. Only one parent can claim a child. If the custodial parent consents, they can sign a waiver and allow the non-custodial parent to claim child. Also, if there is more than one child, the parents can agree to split the exemptions and let one claim one child and the other parent another.

The dependency issue will also affect the various child-related tax breaks, such as the child tax credit, the child and dependent care credit and various education tax breaks. Generally, the parent who claims the child as a dependent also gets the credits, but it would be wise to check out your specific situation at filing time.

Housing concerns: When a couple splits, they often have to deal with disposal of the house they shared. Often the spouse who has primary care of the children keeps the house. But be aware that when it comes time to sell, you won't be able to shelter as much from the tax collector. A single seller only gets a $250,000 profit exemption from capital gains. So couples might want to sell the house before the divorce is final so they can protect up to $500,000 in gains from the IRS.

There are more rules that dictate what you can protect from the IRS when you sell your home. This is another good place to consult an accountant.

Alimony and Child Support: Alimony usually is taxable income to the ex who receives it. But the spouse making the payment gets to deduct it. And child support is neither taxable income nor a deductible expense.

Retirement Assets: Be careful. If you cash out a 401(k) in order to give your ex-spouse money, the IRS still considers that a taxable distribution, and you will be the one paying the taxes. Check into a Qualified Domestic Relations Order (QDRO), which gets the money to your ex-spouse without the tax burden. IRAs function differently and don’t need a QDRO, but the transfer need to be spelled out in the final divorce decree.

Asset Transfers: In a divorce, when property shifts from one spouse to the other, the recipient does not pay taxes. However, the property’s tax basis shifts. Basically, you could end up paying substantial capital gains when you sell it. In other words, a $50,000 bank account is worth more than a $50,000 dollar stock portfolio that has a basis of $25,000. The first is not taxed, the second will be taxed on the $25,000 increase in value.

As scary as the actual IRS tax code can be here is a link so that you can peruse some of the issues in greater depth. It is long but readable and may spark questions about issues I haven’t touched on here.

Good luck in your search for answers. I hope this is helpful.

(Clickhere to return to Life Changes: Divorce "home" blog)

If you find yourself needing assistance buying or selling a home, my team can help you.

Call Chris: 435-313-3966
Or Visit: www.whystgeorge.com

**I am not an attorney and am in no way trying to give legal advice or practice law. The information on this website is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem.

Two attorneys in St. George, Utah that practice family law are Sam Draper and Adam Caldwell. The primary source for information on this site has been the Utah Courts Website.

Life Changes: Divorce (Trial)

Getting Divorced in Utah: Do I Have to Go to Trial?

A trial is not necessary if you and your spouse can agree to the terms of a settlement. Sometimes this can done on your own, between meetings with your attorneys or in mediation. The settlement has to be reviewed and signed by a judge.  If you cannot agree to all the terms, then the case goes to trial.

The Court requires a final pre-trial conference to ensure that a resolution cannot be met before going to trial.

Utah Courts acknowledges that preparing for and going to trial can be complicated and suggests that consulting an attorney may be prudent. However, they also provide a Going to Court page to educate people about the process. It is worth looking over.

Remember that some issues that need to be addressed whether it be pre-trial or in trial are:

• Alimony
• Child Custody and Parent Time
• Child Support
• Debt Division
• Property Division

Good luck in your search for answers. I hope this is helpful.

(Clickhere to return to Life Changes: Divorce "home" blog)

If you find yourself needing assistance buying or selling a home, my team can help you.

Call Chris: 435-313-3966
Or Visit: www.whystgeorge.com

**I am not an attorney and am in no way trying to give legal advice or practice law. The information on this website is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem.

Two attorneys in St. George, Utah that practice family law are Sam Draper and Adam Caldwell. The primary source for information on this site has been the Utah Courts Website.

Life Changes: Divorce (Process)

Getting Divorced in Utah: How do I Start the Process of Getting Divorced?­

Once you have verified that you are eligible for divorce in Utah and whether or not you are going to retain an attorney, the paper work and filings begin. The initial paperwork will be taken care of by your attorney, or you may use OCAP to find the forms and fill them out on your own.

File the Documents

After the forms are complete, the documents need to be filed with the district court in the county where at least one of the parties has resided for the past three months. See Filing Procedures­­­­ on the Utah Courts website.

Serve the Documents

The Divorce papers must be served to the “respondent” within 120 days of the filing with the court. You must also provide a Proof of Service form. See Serving Papers on the Utah Courts website.

At this point, the process is started. The respondent is required to answer the divorce petition within 21 days if they were served in Utah. They have 30 days if they were served outside of Utah.

Good luck in your search for answers. I hope this is helpful.

(Clickhere to return to Life Changes: Divorce "home" blog)

If you find yourself needing assistance buying or selling a home, my team can help you.
Call Chris: 435-313-3966
Or Visit: www.whystgeorge.com

**I am not an attorney and am in no way trying to give legal advice or practice law. The information on this website is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem.

Two attorneys in St. George, Utah that practice family law are Sam Draper and Adam Caldwell. The primary source for information on this site has been the Utah Courts Website.

Life Changes: Divorce (Eligibility)

Getting Divorced in Utah: Am I Eligible for Divorce in Utah?

According to Utah Courts government website, only two requirements must be met in order to file for divorce in Utah.

1. One of the parties must reside in a single Utah county for at least three months immediately before filing for divorce.
2. If a minor child is involved and custody is an issue, the child, usually, must reside with one of the parents in Utah for at least six months. There are exceptions.

The Utah Code also has provisions if one or both of the spouses are in the military. Click here to examine the Utah Code related to eligibility and divorce filing.

Good luck in your search for answers. I hope this is helpful.

(Clickhere to return to Life Changes: Divorce "home" blog)

If you find yourself needing assistance buying or selling a home, my team can help you.

Call Chris: 435-313-3966
Or Visit: www.whystgeorge.com

**I am not an attorney and am in no way trying to give legal advice or practice law. The information on this website is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem.

Two attorneys in St. George, Utah that practice family law are Sam Draper and Adam Caldwell. The primary source for information on this site has been the Utah Courts Website.

Life Changes: Divorce (Marriage Counseling)

Getting Divorced in Utah: Is Marriage Counseling Required?

Marriage counseling is not required to get a divorce in Utah. However, if there are contested issues, the state of Utah requires at least one mediation session in an attempt to resolve the disputed issues.

The two parties are responsible to find and pay a mediator who is qualified on the ADR Court Roster to provide divorce mediation. Find mediators in your area by clicking here or call the Divorce Mediation Hotline at 1-800-620-6318.

If you cannot afford a mediator, you can apply for financial assistance. Contact Bart MacKay at (435) 986-5754, the Divorce Mediation Help Line at 1-800-620-6318 or download the form at www.utcourts.gov/mediation/divmed/forms.asp.

Some cases can be excused from mediation. Examples of reasons parties may be excused are: the level of conflict between the parties, one or both parties do not feel safe or able to fully express themselves in a mediation process, and others as determined by the Court, The ADR Office or a Court Qualified Mediator (Utah Courts). An application must be submitted to be excused from mediation. It can be downloaded at www.utcourts.gov/mediation/divmed/forms.asp.

Mediation can help avoid the more adversarial venue of court to negotiate terms of the divorce. This can especially be helpful when children and child custody issues are involved. Some of the other benefits outlined by Utah Courts are as follows:

1. You participate directly in resolving disputes
2. Your case often resolves more quickly
3. Mediation is less expensive
4. Hopefully, your relationship with your former spouse will be strengthened
5. Mediation is less stressful than court.

Good luck in your search for answers. I hope this is helpful.

(Click here to return to Life Changes: Divorce "home" blog)

If you find yourself needing assistance buying or selling a home, my team can help you.

Call Chris: 435-313-3966
Or Visit: www.whystgeorge.com

**I am not an attorney and am in no way trying to give legal advice or practice law. The information on this website is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem.

Two attorneys in St. George, Utah that practice family law are Sam Draper and Adam Caldwell. The primary source for information on this site has been the Utah Courts Website.