JannaG's Journal

When a father is alive and the mother has been convicted of a crime, the most likely custody outcome is that the father will have sole custody of the children. What if the mother is in jail and the father is dead? Then a relative or person designated as the custodian of the child (or legal guardian) cares for the child or children. If you are looking at this type of situation, you need to speak with an attorney , call these guys - they do this stuff all the time in Utah: Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5506 https://www.ascentlawfirm.com/child-custody/  

Divorce doesn't have to be an expensive, drawn-out process. There are several cheap and easy ways to get a divorce when both parties agree. The first step is to contact the clerk of court in the county where you or your spouse lives. Tell them you want a divorce and ask how much it will cost. You can usually get the paperwork by mail, but most counties require that you come into their offices in person to sign it. The cost is usually $200 to $300 per couple, though some counties charge as much as $500. In some counties, you'll need to attend a few classes before they'll issue a final divorce judgment. This could add another $150 or so on top of the filing fee, but the classes will be worth it if you want to avoid paying an attorney hundreds or thousands of dollars for this part of the process. Some counties might require additional fees for certain services like creating certificates for the court, issuing summonses for your spouse, or filing forms with other governmen

The answer to this question is "no," but with a caveat. In the United States, both parents have a legal right to child custody . If there are no extenuating circumstances, the court will assign custody based on what's in the best interest of the child. The court looks at many factors when determining what's in the best interest of the child. The court may also consider whether or not one parent was abusive towards the other. However, if there has been abuse, it is possible for a parent to completely reject child custody with certain stipulations. This is called parental alienation and involves an environment where a child feels constant fear, anger, and/or resentment towards one parent without cause. The parent may also encourage others to alienate the other parent from their children. Being alienated from your own child can be very damaging, and this form of alienation is considered child abuse. If your ex-spouse has done this to you or your children, contact an at

In Utah, you need to file a petition for divorce with the court, complete the vital statistics form, pay the filing fee, draft a summons and serve the summons and petition on your spouse.  Since you probably aren’t a divorce lawyer, you should consider having a professional do this so it is done correctly. When not done right, it can surely backfire on you.  For a free consultation, call this law firm: Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5506 https://www.ascentlawfirm.com/divorce/  

Sometimes, divorce leaves a family with more than two sides: the couple who got divorced and their respective families. When this happens, it's hard to draw boundaries between the two sides. Because of this, some might see an in-law as part of both families, while others will view them as belonging solely to the side they were on when the marriage ended. There are several factors that contribute to how appropriate it is for an in-law to maintain contact with both sides after a divorce: -     Did the in-law have an active role during the marriage? For example, were they an active presence at social gatherings or did they help out around the house? In cases where the in-law was an important part of daily life together with their significant other and/or their partner's family before the divorce, it can be reasonable for them to maintain contact with both sides after. As long as everyone's boundaries are respected and everyone can agree on what is appropriate behavior for

The answer is it depends.  While a lot of people believe that the divorce lawyer needs to be local, in fact, it's not necessary. Many clients are comfortable with the idea of making an online search for a divorce lawyer and finding one in their area. While you want to make sure that your divorce attorney is experienced, you do not need to limit yourself to a local divorce attorney. You can find a skilled divorce lawyer in another city or state as long as they are properly licensed to practice law in your state.  For example, at Ascent Law that practices in the entire state of Utah, they don’t have a staff or an office in Richfield or in Vernal Utah; however, they do cases there all the time. Especially in the post-pandemic timeframe where more and more cases are being tried over WebEx (like Zoom) - and the court hearings are virtual instead of in person.  For this reason, you should consider using attorneys that are focused and know the law rather than the local one… if it makes

Well, first of all, you've won the lottery! Congratulations to you. A lottery win is an amazing stroke of luck that few people ever get to experience. The first thing to consider is how the lottery winnings would be classified, and whether they would be considered marital property or separate property. In Utah, if you were married and purchased lottery tickets as a couple, then your winnings would be considered marital property . Marital property could include any assets earned during your marriage, including things like earnings and savings accounts. So, if you’re in the middle of a divorce, it’s likely still marital property, but you should speak with an attorney because it might not be marital property and it could be separate property. You can call this law firm and get a free consultation: Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5506 https://www.ascentlawfirm.com/divorce/

When you have a fight with your spouse, there are a lot of things you can't do—you can't sleep in the same bed, you can't eat together, and you can't even work together. But one thing you're still able to do is to sell assets. Selling assets is a way to get money so that you're free to start over on your own, but it's also a way for some people to get revenge on their divorce. But just because you are legally able to do something, doesn’t mean you should do something. But before you sell anything off, make sure it's something that will work for you long-term and that you are getting fair market value. Because if you sell it for less than fair market value, you will very likely be held responsible for the difference to your spouse. The truth is that selling your assets during divorce is an idea that might sound good in theory, but in practice, it can lead to problems. Selling your assets during divorce simply means, selling any of the property you own

Yes, you can leave the country if you have a pending divorce case; however, if you want to take the minor children with you out of the country, you’ll need your spouse's written permission. A pending divorce is one that was filed but has not yet been finalized , which means that you are still legally married to the other spouse. When you're going through a divorce, the last thing you need to stress about is whether or not you can leave the country. But if your travel plans seem to be triggering a reaction from the court or your spouse, it can be hard to know what's legal and what isn't. Everyone’s situation is different, so if you have divorce law questions in Utah, call this law firm for a free consultation: Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5506  https://www.ascentlawfirm.com/divorce/

The concept of waiting for a child to turn 18 before separating from the child's other parent has been around for a long time. But is this really something to consider—or is it more of a myth than actual advice? In theory, it sounds like a good idea: you and your spouse can agree to wait until your child has finished high school before getting a divorce. Your child will then be more mature and better able to deal with the split between both parents. Your children will also have the opportunity to graduate college and become financially independent, which means they won't be as much of a burden on you during this time. But in practice, there are several reasons why this doesn't work out well. Waiting until your children are adults means that you'll likely have to put off any plans for retirement or to live your life after being divorced for many years. This could delay things even further since it may take some time before you're able to get back into the workfor

In Utah, the answer is no.  It’s so much work to get married in the first place, that it doesn’t make much sense why you’d want to get divorced immediately thereafter.  In Utah, there is a 30-day waiting period for divorce, so you can’t just get married and then get divorced.  This may be different in different states, but in Utah, it’s not doable. Ascent Law LLC 8833 S Redwood Rd Ste C West Jordan UT 84088 (801) 676-5506  https://www.ascentlawfirm.com/divorce/

T he answer is no. But it's a bit more complicated than that. Every state has different laws around divorce, and each state has different grounds for divorce. You can always get divorced if you lived in the US, you can’t force someone to stay married to you. If you're trying to force your spouse to get a divorce, you are really in a bad place. Yes, it's possible to get a divorce if your spouse doesn't agree with you, but the process itself is going to be much harder and longer than you might think. Unless there's domestic violence involved, you'll have to go through mediation and then if it’s contested, all the way to a divorce trial before a judge. The process is long and complicated, and it can take up to two years or more before you can actually finalize your divorce case. You're going to spend a lot of time and money trying to make this happen. With that said, not all divorces are contested. Most settle in mediation, so if you want to get divorced, c

Well of course there is.  Everyone’s situation is different. Sometimes the most difficult decisions in life are the ones that come when you're in a relationship. Marriage is an important decision, but there are times when it's important to take a step back and assess whether or not it's the right choice for you. The same goes for divorce; there are many situations where you might find yourself asking if it's time to end your marriage. One of the biggest questions that people ask themselves when deciding whether or not they want to end their marriage is, "Is there ever a good reason to divorce?" The answer is yes, but it depends on what you mean by "good." One thing that may be "good" in one situation could be very different from another. For example, if your husband has been abusive to you and your children, then ending the marriage for their safety would be a very good reason. However, if your children have grown up and moved out of the

Short Answer: Yes. But each situation is unique. In Utah, either party may get alimony, if a man or woman is likely to be awarded alimony if he or she needs it, and the other party has the ability to meet the unmet need. It's entirely up to the judge and each case is different. In fact, according to an article by the American Academy of Matrimonial Lawyers (AAML), "alimony is awarded in approximately 70% of cases where spouses request it." The AAML surveyed over 5500 matrimonial lawyers from across the country and found that "in most states, courts will make an award of alimony to a spouse whose earning capacity is significantly impaired due to periods of time out of the workforce for childcare purposes." It's a sad fact that many marriages end in divorce, but it's important to remember that the two parties involved are still people with rights. In addition to being entitled to fair compensation for any property they bring into the marriage and for the

Each situation is different - husbands are sometimes required to pay alimony (also called spousal support) to their ex-wives. This is the money that allows your wife to maintain a standard of living similar to the one she had while married. It's often awarded in cases where the wife doesn't have enough education or work experience to make much money on her own and needs time to find a job and earn more income. It's a common assumption that a man who is ordered to pay alimony must do so until his ex-wife remarries or dies. However, there are plenty of reasons why a court might decide that a man doesn't have to pay alimony—here are some of the most common:       -           In the event of infidelity, in which one party cheated on the other, a judge may rule that the unfaithful party does not need financial support from their ex-spouse       -           When determining alimony, judges will look at both parties' income, and if one party makes significantly more th

 There are several situations in which the wife will not get an alimony amount. Those cases include:   - If the wife is found to be at fault for the divorce. This means that if either party cheated on the other, or if one party dragged out the divorce process for a long time and made it difficult for the other party, it could result in no alimony payment from the spouse that filed for divorce.   - If the wife is proven to have a higher-paying job than her husband, she may not be entitled to an alimony amount except during child-rearing years.   - If she has been living with another man for more than three months before filing for divorce, she may lose her right to receive an alimony payment from her estranged husband.   - If there is abuse involved in the marriage, such as a history of physical or mental abuse, it could cause some issues with the ability to receive an alimony payment. It could also affect both parties' ability to receive custody of their children or their a

What should you do if you’re rich and going through a divorce and you had a minimum wage job and married for 32 years, do you deserve alimony? When going through a divorce, it is natural to wonder what your rights are. Your financial situation is definitely one of the most important factors in determining your rights in a divorce, but it is not the only factor. Depending on where you live, there could be laws in place that protect your right to ask for spousal support or alimony. It is also important to know that your right to request spousal support or alimony differs depending on if you have been married before or not. If you have been married before, then the amount of support you can receive may be limited by law, which will vary from state to state. In some cases, this limit is set at half of all marital income during the marriage. In order to determine whether or not you can request spousal support, there are several factors that must be considered. The first of these is your

Yes, but you may end up in contempt of court for doing so, so it’s best not to refuse if ordered by the court to do so. It's important for both spouses to consider their options when it comes to divorce because, in the end, it's not just about the finances. Even if one spouse has done everything they can to make the marriage work, they need to consider what they're going to do after the divorce. In most cases, the wife is usually the one that requires alimony payments. There are instances where a husband needs spousal support as well. Alimony (or spousal maintenance) is usually a form of financial support that is paid by one spouse to another following a divorce or separation. It is meant to provide financial assistance for things such as housing and food until the receiving spouse is able to stand on their own two feet again and make it on their own financially. The general rule when it comes to alimony is that whoever has been dependent on the other person throughout the

Alimony is a payment that one spouse will make to the other after they separate or divorce. You are not required to pay alimony if you don't want to, and if you're the one who asks for alimony, you'll have a hard time getting it. But if your spouse is able to earn money, and you aren't, you could be forced to pay the alimony.   My wife and I have been married for the past 7 years. We have 3 kids. In any other case, she would be entitled to 60% of the marital assets.   However, she is a stay-at-home mother who does not work. I am employed full-time as a manager at a local bank.   I do not make enough money to support our family on my own, so I want her to contribute as well. She is against this idea, and I don't understand why.   Is there anything that can be done?   When you get married, you make a commitment to support each other. You mutually agree on your goals and economic situation, then build a life together and solidify that agreement by creating a legal part

The answer to this question is complex, with a lot of variables. In general, alimony is awarded to help the spouse who earns less support himself or herself and begin a new life after a divorce. Alimony is not intended to be permanent. It is awarded for a limited amount of time, usually based on the length of the marriage. The main reason that spouses are eligible for alimony is because they are unable to make a living on their own, and so need help getting back on their feet after the divorce. It's also used to compensate an ex-spouse who gave up their career in order to support their family, or to pay for time spent raising children.   Section topic: Calculating spousal maintenance?       -  Me and husband were planning out our apartment       -  The only light in our dining room was from awful statue of Jack Sparrow with fluorescent electric bulb in its torso       -  Decided to get better light source       -  History of paper lanterns       -  Contemporary pape

In many circumstances (and please remember, I'm talking about a situation where there are no children, where neither party has been hit with a terminal illness or is unable to work), each spouse has already earned 50% of the marital assets. The earning spouse also likely contributed to the marital assets by paying expenses and supporting his or her own career growth during the marriage. These contributions are not considered when determining alimony, but they should be considered when splitting assets. This means that in many cases, each party really should get what he or she has earned—the 50% of the marital assets earned by each spouse—plus any other additional contributions made by the non-earning spouse. Of course, there are cases where one spouse did all the earning during a marriage and the other did very little—in those cases, it might make more sense for the non-earning spouse to receive only 25% or 30% of his or her "half." But even in those cases, it makes sense

It can be tempting to think about getting back together with your ex, but marriage may not be the answer. If you were married to your ex, getting remarried would probably cancel out alimony and child support payments from them. Marriage is a contract between two people that says they will help and support each other financially if they're ever in need. If your ex remarries, they can no longer legally be required to support you if you become unable to support yourself. If you marry someone else, then divorce and live together with that person for five years, when you finally split up, the court will presume that this new person is responsible for any future spousal support needs. This could even extend to child support (though it's not likely). So if you want financial security after your divorce, marrying your ex might not be the best idea—no matter how tempting it might seem! Marriage is a tricky thing to get out of, and if you're in the middle of a divorce and you'r

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