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Salt Lake City Family & Dvorce Law Blog

Divorced parents often stay in contact because of child custody

When parents want to do what is best for their children, it often means making certain sacrifices or participating in activities that they would otherwise want to avoid. After a divorce, some Utah parents would likely rather not have to interact with their exes. However, because the children often need both parents in their lives, those parents continue to have a connection with each other and abide by child custody arrangements.

Unfortunately, even though they are doing their best for the kids, it can still be difficult for divorced parents to interact. In some cases, one parent may feel that the other is being particularly difficult, and it may be wise to limit the amount of communication the parents have. They will certainly need to stay in contact in order to talk about the children, but putting restrictions on that contact may be useful.

Divorce matters to consider when over 50

As the notion goes, with age comes wisdom. For some Utah residents, that wisdom may mean that they now know that their marriages are no longer allowing them to live the lives they had hoped. Many individuals over the age of 50 are choosing to end their marriages, and it is important to understand various divorce matters that will likely come up.

When going through a gray divorce, financial matters will be a major component. Because individuals of this age are likely approaching retirement, it may be important for them to understand that their retirement funds could end up divided as part of their divorces. This action could mean that parties have to deal with less money available during retirement as well as handling the tax implications that come along with transferring retirement funds.

How to know when it is time to divorce

Do you avoid looking at social media because all your friends constantly post about their happy families? Do you dread receiving wedding invitations because the thought of hearing those vows makes your heart ache? Did you fall asleep last night again, thinking about how different your life would be if you were not married to your spouse?

Perhaps you have entertained the thought of divorce over and over, but you just can't decide if it is the right thing to do. You know many happily married couples in Utah, but you may also know couples who are in much worse situations, and this makes it hard to determine if you should stick it out a little longer. While deciding if and when to divorce is deeply personal, there are some signs that indicate you may not be able to rescue or revive your marriage.

Having the right records can help with asset division

Most Utah residents do not know the ins and outs of family law. As a result, they may not fully know what to expect when they go through divorces. Fortunately, they can help themselves by gaining information on the proceedings ahead and on how to avoid mistakes during important parts of the process, like asset division.

When it comes to dividing assets, knowledge is power. It is wise for divorcing parties to make sure that they have all the documents and records relating to personal and marital finances. These records could include account numbers, Social Security statements and information, amounts paid for significant assets, balances for accounts, and other similar documents. If individuals do not have all the paperwork, they could miss out on important details that could make a substantial difference in their division outcomes.

Changes in affection, communication issues may point to divorce

Many people believe that getting married will the happiest time in their lives. Certainly, this day can bring about much joy for many Utah residents, but some couples may have a hard time keeping that joyous feeling alive over the years. Unfortunately, many details of a relationship could potentially point to possible divorce.

The amount of affection a couple shows could even have an impact on divorce potential. Some individuals may come on strong with affection during the beginning of their relationship and marriage, and during the first couple of years, the intensity of that affection may change. If it changes a considerable amount in the first two years, the couple may be more likely to end their marriage later because their relationship does not seem as committed as it once did.

Seeking revenge during divorce may only cause complications

When Utah residents decide to end their marriages, they may have many ideas about what the upcoming court proceedings will hold. It is certainly important to have goals when it comes to divorce outcomes, but it is also important to make sure that those goals are reasonable. If parties try to pursue unrealistic outcomes or have ulterior motives, cases can quickly become complicated.

For instance, if individuals want to use their court proceedings as a way to seek revenge, they may only be setting themselves up for unnecessary difficulties. Typically, the court does not give favor to a person who believes he or she was wronged in the marriage. Even if a spouse cheated, it is unlikely that the court would award any additional benefits to the "wronged" spouse unless the cheating spouse significantly damaged the couple's finances in the course of the affair.

Divorce becomes more complicated with false claims of abuse

Ending a marriage is complicated. Even if Utah residents want to divorce amicably, they can still face setbacks. When the situation is contentious and involves false accusations, the legal proceedings can become even more complicated. Often, parents who want sole custody of their children or who simply want to seek revenge on the other party may carry out unseemly actions in efforts to reach their desired outcomes.

Domestic violence is a serious issue that affects a multitude of people. Unfortunately, some individuals may make false claims of domestic abuse in efforts to make a spouse look bad during divorce proceedings. These claims could lead to orders of protection and put the accused party in a negative light, which could greatly influence child custody outcomes or other factors in divorce cases.

Requesting to file divorce records under seal

You may have always considered yourself a private person. You shared aspects of your life with people close to you, with your business associates when necessary and your spouse. However, you and your spouse have decided to end your marriage, and you may fear that your privacy will no longer exist during the legal proceedings.

In divorce proceedings, information and documents do become part of the public record. As a result, almost anyone could access previously disclosed information regarding your life and your business during your marriage dissolution process. Before you resign yourself to such exposure, you may find it interesting to know that you could request to have your divorce records filed under seal.

New year, new alimony tax laws

Laws are often under scrutiny, and even laws that have been in place for decades could suddenly see changes. Now that it is 2019, changes made to tax law regarding alimony are now in effect. Some people believe that the changes may make divorce more difficult for individuals in Utah and elsewhere.

The previous alimony tax law had been in place for 75 years. That law provided that the person paying the alimony could deduct that payment from his or her income. As a result, the deduction ended up saving them money. Now, the person paying does not get to make that deduction and will receive no tax benefit for making the alimony payments. Those who settled their divorces prior to the end of 2018 are still entitled to take the deductions for payments, and report the payments as income for recipients.

Some Utah parents may need a child support modification

Though Utah parents want to support their children as best as they can, they do not always have the financial means to meet certain obligations. Of course, if parents divorce, one parent commonly has the obligation of paying child support. Still, situations can arise in which the paying parent may not have the ability to meet the terms of the court order, and seeking a modification may be necessary.

In efforts to have a child support order modified, there are various steps a parent could take. First, the parent may want to speak with the other parent. In some cases, parents may be able to come to an agreement for the terms of the support to change. However, the changes still need to be approved by a judge.

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