At Richards & Brown law, we provide help in many family law areas to include: Divorce, custody, adoption, restraining orders, annulments, modifications.
Fact Sheet: DIVORCE
ARE YOU THINKING ABOUT FILING A DIVORCE?
HAS YOUR SPOUSE FILED A DIVORCE?
If you are facing a divorce it is important that you speak with an attorney who can guide you through this process. Often the initial steps in a divorce proceeding can make a significant difference in the overall outcome of the proceedings. You need to protect your rights, and ensure that you are treated fairly in this difficult time. You need to talk to an attorney that has experience, knowledge and a desire to protect your rights and get the outcome you want. It is important to have an attorney with experience, who knows the judges, does the research and gets the results you want.
WHAT CAN YOU DO TO IMPROVE THE OUTCOME OF YOUR CASE?
- The single thing that will affect the outcome of you case is retaining an attorney with significant divorce practice to represent you throughout the case
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Keep a diary listing significant events and potential witnesses
- You should collect as much information as you can. Including financial records, information regarding retirement accounts etc.
- Review your case with your attorney
- The timing of the filing of a divorce can have an impact on your case
- Write down information that you believe will help your case. Often your gut instincts are very helpful in later divorce proceedings
WHAT CAN WE DO TO HELP?
- Early preparation, including legal research and issue identification
- Advise you of your rights under existing divorce laws
- Early investigation and identification of all facts helpful to your case
- Interview witnesses to help lock in their testimony
- Prepare and file temporary motions asking the court to grant you possession of home, personal property, alimony, etc.
- Keep you updated on all aspects of your case, including possible settlements or mediation alternatives
- Contact and hire expert witnesses that will help in your case
- Research and file appropriate motions critical to your case
FREQUENTLY ASKED 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. Furthermore, if possession of home, or custody of children is at issue, filing first can make a significant impact on the overall outcome of the case.
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. Often this requires some negotiation between the parties, any 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 three-hour class that parents in a divorce are required to attend before the divorce can be finalized. We can provide you information regarding the times and dates of this class.
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 filing first can result in an advantage, especially if the parties live in separate counties or states and the location of the divorce is important. Furthermore, if possession of home, or custody of children is at issue, filing first can make a significant impact on the overall outcome of the case.
Fact Sheet: 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. You need to protect your rights, and ensure that you are treated fairly in this difficult time. You need to talk to an attorney that has experience, knowledge and a desire to protect your rights and get the outcome you want. It is important to have an attorney with experience, who knows the judges, does the research and gets the results you want.
WHAT CAN YOU DO TO IMPROVE THE OUTCOME OF YOUR CASE?
- The single thing that will affect the outcome of you case is retaining an attorney with significant divorce practice to represent you throughout the case
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Keep a diary listing significant events and potential witnesses
- You should collect as much information as you can. Including financial records, information regarding retirement accounts etc.
- Review your case with your attorney
- The timing of the filing of a divorce can have an impact on your case
- Write down information that you believe will help your case. Often your gut instincts are very helpful in later divorce proceedings
WHAT CAN WE DO TO HELP?
- Early preparation, including legal research and issue identification
- Advise you of your rights under existing divorce laws
- Early investigation and identification of all facts helpful to your case
- Interview witnesses to help lock in their testimony
- Prepare and file temporary motions asking the court to grant you possession of home, personal property, alimony, etc.
- Keep you updated on all aspects of your case, including possible settlements or mediation alternatives
- Contact and hire expert witnesses that will help in your case
- Research and file appropriate motions critical to your case
FREQUENTLY ASKED 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. What is the divorce education class I have heard about?
A. This is a three-hour class that parents in a divorce are required to attend before the divorce can be finalized. We can provide you information regarding the times and dates of this class.
Q. How does the court determine custody of the children?
A. There are numerous factors taken into account by the Judge in awarding custody to one parent or the other. We can review these factors with you to help maximize your chances of receiving custody of your children.
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, in a custody case, the parent who files first can often gain an advantage, especially if whatever attested he has not yet been established. Furthermore, the possession of home can also effect the outcome of the custody of the children.