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Salt Lake City Family & Dvorce Law Blog

What does the court consider when awarding alimony?

Getting a divorce can turn anyone's life upside down. Because each person is different, each individual has different priorities when it comes to reaching the best terms in a divorce settlement. Of course, most Utah residents likely have concerns over how ending their marriages will affect them financially, and some may put a particular focus on alimony.

When it comes to whether the court will award spousal support and the amount of any support awarded, several factors require consideration. Those factors include the proposed recipient's need for support, the paying spouse's ability to pay, the length of the marriage, the age and health of both individuals, and the lifestyle maintained during the marriage. Because these factors differ for each couple, the amount and type of alimony awarded also differs.

Concerns over co-parenting and child custody arrangements

As parents, many Utah residents often wonder whether they are making the right choices for their kids. This concern could feel particularly prevalent when deciding to divorce and, later, making child custody arrangements. No parent wants to feel as if he or she has harmed the children, but choosing not to co-parent could feel that way.

Some parents may feel that seeking sole custody could have negative impacts on their children's emotional well-being because it would prevent the children from regularly seeing their other parents. However, some circumstances may make it worse on the children to be in a co-parenting or joint custody situation. For example, if one parent has violent or abusive tendencies, allowing that parent unsupervised and regular contact with the kids may prove detrimental.

Your divorce and your inheritance: Who gets what?

When you think about divorce, one of your main concerns probably relates to what will happen to your marital property. Fears and confusion over property division can make a divorce much more complicated that it has to be, and it can be smart to take the time to learn about your property rights and what to expect. This is especially useful when there are complex and valuable assets at stake. 

Inheritance can be a difficult issue for two parties to effectively address in a divorce. Even if the money or assets were left for just one spouse, it is possible the other spouse benefited from it. As a result, there can be sharp disagreement over who should get what. When it is your inheritance and other assets that could be rightfully yours at stake, you will want to know how to protect your interests.

Is assuming a mortgage loan wise after asset division?

Many Utah residents grow attached to their houses for various reasons. As a result, it can be difficult to let go of that property during the asset division that occurs as part of a divorce. Depending on who wants to keep the home and other factors, parties may be able to negotiate to reach the outcomes they desire. However, before taking on the home as a single person, an individual will want to make sure he or she can handle the mortgage payments.

Because most people pay on their mortgage loans for many years, it is likely that payments are still needed even after a divorce. If the former couple took out a joint mortgage loan so that they could both handle the payments, it is likely that both parties will not want to keep up that loan after divorce. This means that the person keeping the home will need to handle the mortgage payments on his or her own.

Actively participating in divorce can be difficult but necessary

When faced with a difficult ordeal, many people may want to essentially bury their heads until it passes. Of course, this approach may not have the desired effect and could actually make an already trying situation more difficult. This may prove true for Utah residents who are currently facing divorce.

Certainly, if ending a marriage was not a person's idea, it can seem like focusing on the proceedings would only bring pain. However, ignoring the situation will likely not make it go away. Additionally, if an individual does not actively participate in his or her marriage dissolution proceedings, the case would likely only prove more troubling. A lack of input could cause the process to move more slowly, and it could result in a person not receiving the best outcomes possible.

Violating preliminary divorce orders could cause complications

Deciding to end their marriages may not have been the best days for many Utah residents. However, the choice may have been necessary for their particular circumstances. Still, they must now work through the legal proceedings associated with divorce, and many may have numerous questions about how to handle the process successfully.

For some, it may be important to remember that any orders a court issues before the divorce is finalized must be followed. These preliminary orders may pertain to financial issues, temporary child custody, restraining orders and other important aspects that need addressing before the final judgment of the court. Though these are preliminary, they are still legally binding, and if one or both parties involved violate the terms of those orders, serious repercussions could result, including possibly spending time in jail.

Staying in contact with kids after divorce easier now

While ending a marriage can often come as a relief to the adults involved, it can cause hardships on children. The kids may worry about their parents and their relationships with their parents, which is why it is often useful for Utah parents to work together as best as possible in efforts to maintain healthy parent-child relationships. However, even if parents do not get along well, parents can still help their kids after divorce by staying in contact.

Though custody orders may not allow noncustodial parents to see their kids whenever they want, texting and social media could help them at least stay in contact. In fact, keeping open lines of communication with children can help nurture those bonds, even if physical time together is not always possible. In this way, social media can prove beneficial.

How certain habits can break down your marriage

No one in Utah or elsewhere goes into marriage planning for it to fail. However, it happens, for a number of reasons. A recently released article suggests that, when one or both spouses exhibit certain habits, divorce is likely.

What are these habits? Is divorce a given when they are present? When is divorce the right answer?

Taking care of oneself important during divorce

Ending a marriage can take a considerable toll on any Utah resident. Even if a person feels that divorce is the best choice for the circumstances, the process can still be difficult and stressful. As a result, many people need help getting through the proceedings as best as they can.

One important aspect of divorce is to remember that individuals should take care of themselves. It is easy to get overwhelmed by paperwork, negotiations, major decisions and other factors involved in the case, and as a result, parties may let the stress of the ordeal overwhelm them. They can feel both mentally and physically exhausted due to this stress. It may help individuals to find ways to reduce stress and give themselves time to relax even though they are going through a trying experience.

Most Utah residents want to lessen stress during divorce

Ending a marriage is a major life change. Unfortunately, this particular change can bring with it stress and tension, especially if the divorce does not go amicably. However, Utah residents can help themselves make it through their cases with less stress and, hopefully, reach agreeable outcomes.

For many people, the stress of divorce comes from the amount of time it takes to finish each part of the process. Individuals may be able to reduce this stress by both accepting that time will need to be put toward completing the divorce and accepting that they can help reduce the amount of time needed. This notion may seem counterintuitive, but there are parts of the process that cannot be sped up, and there are parts that parties can help move along, such as coming to reasonable agreements rather than fighting every suggested settlement.

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