Divorce/Custody
Experienced Family Law Representation
At Richards & Brown law, we provide help in many family law areas to protect your rights and guide you through life's most challenging transitions.
Divorce
At Richards & Brown P.C., we understand that family can be a source of joy and during divorce can be a source of pain. We have experience of over 40 years and know the challenges that you will face as you move forward in your divorce proceedings. Whether your divorce will be amicable or contested, it is important that you have an attorney that cares and will guide you as you make decisions that impact your finances, parenting, property, and future. We work hard to resolve cases through mediation, negotiation and collaboration, but also know the ins and outs of litigation and trial. Our number one goal is to protect your rights and future.
Custody
Does Your Divorce Involve Minor Children?
A Custody battle is often the most difficult challenge you will face in your life. Looking out for the best interest of your children can have long lasting effects. If you are facing a divorce involving custody of minor children it is important that you speak with an attorney who can guide you through this process. Often the initial steps in a custody proceeding can make a significant difference in the overall outcome of the proceedings.
What Can You Do to Improve the Outcome of Your Case?
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The single thing that will affect the outcome of your case is retaining an attorney with significant divorce practice to represent you throughout the case
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Gather documentation that would help your case (i.e. text messages, financial documents, etc.)
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Prepare working document with potential witnesses and create a timeline of events. Often your instincts are helpful!
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Review your case with your attorney
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The timing of the filing of a divorce can have an impact on your case
What Can We Do to Help?
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Early preparation, including legal research and issue identification
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Advise you of your rights under existing divorce laws
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Early investigation and identification of all facts helpful to your case
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Interview witnesses
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Prepare and file temporary motions asking the court to grant you possession of home, personal property, alimony, custody, etc.
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Keep you updated on all aspects of your case, including possible settlements or mediation alternatives
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Contact and hire expert witnesses that will help in your case
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Research and file appropriate motions critical to your case
Frequently Asked Questions
Divorce Questions
Q. What should I bring to the initial interview?
A. Bring information regarding financial interests, property divisions, and potential settlements you may have already worked out with your spouse. Bring anything else you feel is important to tell your attorney. Remember, your gut instincts in this area are often right.
Q. Does filing first affect the outcome of the case?
A. The courts in Utah are supposed to treat both parties equally regardless of who filed first. However, sometimes who files first can result in an advantage, especially if the parties live in separate counties or states and the location of the divorce is important or if you are seeking a divorce on fault grounds.
Q. What is an uncontested divorce?
A. An uncontested divorce is one in which the parties come to an agreement without having to go to trial or significant lengths of litigation. Often this requires some negotiation between the parties, and if it can be accomplished to the satisfaction of both parties it saves considerable time, feelings, and money.
Q. What is the divorce education class I have heard about?
A. This is a combined three-hour class that parents are required to attend before the divorce can be finalized if there are minor children. We can provide you information regarding the class.
Q. Can I leave our home?
A. Moving from a home does not relinquish your right to claims of real property and equity. Utah is an equitable division state and real property equity is generally divided equally. Moving from the home can impact who has temporary possession and the first right to attempt a refinance.
Q. How does the Court determine alimony?
A. The court will consider a number of things to include the length of marriage, earning capacity of both spouses, financial need, ability to pay, as well as other factors laid out in Utah Code.
Alimony Factors U.C.A. 81-4-502 Utah Code Section 81-4-502
Custody Questions
Q. What are the different custody options?
A. Sole physical and sole legal custody: The child lives with one parent full-time, and that parent makes all major decisions regarding education, healthcare, and upbringing. The other parent typically receives scheduled parent-time.
Sole physical and joint legal custody: One parent has primary physical custody, but both share legal decision-making responsibilities.
Joint physical and joint legal custody: The child spends at least 111 nights a year with each parent, and both parents share decision-making equally.
Utah Code's custody schedules. Parents may work together to determine the best custody schedule for their children.
Q. Does moving impact my custody case?
A. Yes. The Court will have to make a determination of a primary custodian if a parent wishes to relocate.
Q. What does the Court look at to determine custody?
A. The Court will look at the custody factors to determine the best custody for a minor child. The Court often looks to experts like a Custody Evaluator for assistance. Parties can also ask that a Private Guardian Ad Litem be appointed to their case so that the children have a voice. Utah Custody Factors – Utah Code Section 81-9-204
Q. What does child support look like?
A. Each case will differ on child support based upon the incomes of the parties to the case. Utah Child Support Calculator Office of Recovery Services
Protect Your Rights and Your Future
The single thing that will affect the outcome of your case is retaining an attorney with significant divorce practice experience. Contact us today for guidance through this difficult time.