Family Law issues can be very stressful. The attorneys here at Arnold & Wadsworth are here to help you through the process of your family law needs.
These needs could include;
*Divorce
*Motion for Temporary Separation
*Adoption
*Divorce Modification
*Child Custody
*Child Support
*Back Child Support
*Alimony
*Back Alimony
*Divorce Mediation
*Legal Custody of Children
*Joint Legal Custody
*Future Child Support
*Modification of Child Support
*Modification of Alimony
*Retirement Benefits
*Distribution of Assets
If you have any questions we offer a free half hour consultation to go over your case and your options. This will enable you to make a decision that is best for you. We will be aggressive in helping you get the outcome that is fair to you.
We have experience helping clients through their divorce and post divorce needs. We have offices in Salt Lake City and Ogden Utah. We can meet with you in either our Salt Lake City Office or Ogden Office. Please go to our Contact page to get our address and phone numbers and give us a call today. If you would like you can also send an email to Brian Arnold at arnold@arnoldwadsworth.com and you will get a return email or phone call within 48 hours. We pride ourselves in helping our clients through their family law needs and look forward to meeting with you and starting on your case.
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If you have been served with a divorce petition it is important that you contact us immediately. This is because you usually have only 20 days to respond to the Divorce Petition. If you are contemplating filing for Divorce it is still important that you come and speak with us and we will help you understand the ins and outs of the Divorce and what you can expect. For example, if you have just moved to the state of Utah and are wondering if you can file for Divorce it is important that you understand that there are very specific requirements as to how long you have to be a resident of Utah before you can file for Divorce.
If you financial circumstances have changed you may be entitled to have your divorce modified so that you are either paying less in child support or getting more in child support. You need to give the attorneys at Arnold & Wadsworth a call so we can let you know whether this is possible in your divorce. Now is a good time to find out. Give us a call today.
Utah Code Annotated 30-3 et seq controls Divorce proceedings and action in Utah. Under these codes it lays out some of the basics that control Divorce in Utah. Under Utah law if there is a agreement that is worked out between the parents or adults then that agreement will be recognized by the courts if it is not unlawful. This is why it is important to have an attorney represent you. You need a lawyer to make sure that you are not taken advantage of.
If you would like to first legally separate before filing of the Divorce you can do that. It is called a Motion for Temporary Separation Order and is outlined below directly from Utah Code. We are Utah Attorneys that can represent you in your divorce and will do so for you benefit.
30-3-4.5. Motion for temporary separation order.
(1) A petitioner may file an action for a temporary separation
order without filing a
petition for divorce by filing a petition for temporary separation and
motion for temporary orders
if:
(a) the petitioner is lawfully married to the respondent; and
(b) both parties are residents of the state for at least 90 days
prior to the date of filing.
(2) The temporary orders are valid for one year from the date of
the hearing, or until one
of the following occurs:
(a) a petition for divorce is filed and consolidated with the
petition for temporary
separation; or
(b) the case is dismissed.
(3) If a petition for divorce is filed and consolidated with the
petition for temporary
separation, orders entered in the temporary separation shall continue in
the consolidated case.
(4) Both parties shall attend the divorce orientation course
described in Section
30-3-11.4
within 60 days of the filing of the petition, for petitioner, and within
45 days of being served, for
respondent.
(5) Service shall be made upon respondent, together with a 20-day
summons, in
accordance with the rules of civil procedure.
(6) The fee for filing the petition for temporary separation
orders is $35. If either party
files a petition for divorce within one year from the date of filing the
petition for temporary
separation, the separation filing fee shall be credited towards the
filing fee for the divorce.
Child Custody
When it comes to child custody through a separation or divorce the court will look at several factors and below are the factors that they will look at according to Utah Law. We can help, we are licensed attorneys in Utah that will represent your interests. Your children are very important, and it is essential that they get the best supervision possible. It is important that the court understands clearly who the proper parent is and what proper parent time would be for each parent.
30-3-10. Custody of children in case of
separation or divorce -- Custody
consideration.
(1) If a husband and wife having minor children are separated, or
their marriage is
declared void or dissolved, the court shall make an order for the future
care and custody of the
minor children as it considers appropriate.
(a) In determining any form of custody, the court shall consider
the best interests of the
child and, among other factors the court finds relevant, the following:
(i) the past conduct and demonstrated moral standards of each of
the parties;
(ii) which parent is most likely to act in the best interest of
the child, including allowing
the child frequent and continuing contact with the noncustodial parent;
(iii) the extent of bonding between the parent and child, meaning
the depth, quality, and
nature of the relationship between a parent and child; and
(iv) those factors outlined in Section
30-3-10.2.
(b) The court shall, in every case, consider joint custody but
may award any form of
custody which is determined to be in the best interest of the child.
(c) The children may not be required by either party to testify
unless the trier of fact
determines that extenuating circumstances exist that would necessitate
the testimony of the
children be heard and there is no other reasonable method to present
their testimony.
(d) The court may inquire of the children and take into
consideration the children's
desires regarding future custody or parent-time schedules, but the
expressed desires are not
controlling and the court may determine the children's custody or
parent-time otherwise. The
desires of a child 16 years of age or older shall be given added weight,
but is not the single
controlling factor.
(e) If interviews with the children are conducted by the court
pursuant to Subsection
(1)(d), they shall be conducted by the judge in camera. The prior
consent of the parties may be
obtained but is not necessary if the court finds that an interview with
the children is the only
method to ascertain the child's desires regarding custody.
(2) In awarding custody, the court shall consider, among other
factors the court finds
relevant, which parent is most likely to act in the best interests of
the child, including allowing
the child frequent and continuing contact with the noncustodial parent
as the court finds
appropriate.
(3) If the court finds that one parent does not desire custody of
the child, the court shall
take that evidence into consideration in determining whether to award
custody to the other
parent.
(4) (a) Except as provided in Subsection (4)(b), a court may not
discriminate against a
parent due to a disability, as defined in Section
57-21-2, in
awarding custody or determining
whether a substantial change has occurred for the purpose of modifying
an award of custody.
(b) If a court takes a parent's disability into account in
awarding custody or determining
whether a substantial change has occurred for the purpose of modifying
an award of custody, the
parent with a disability may rebut any evidence, presumption, or
inference arising from the
disability by showing that:
(i) the disability does not significantly or substantially
inhibit the parent's ability to
provide for the physical and emotional needs of the child at issue; or
(ii) the parent with a disability has sufficient human, monetary,
or other resources
available to supplement the parent's ability to provide for the physical
and emotional needs of the
child at issue.
(c) Nothing in this section may be construed to apply to adoption
proceedings under Title
78B, Chapter 6, Part 1, Utah Adoption Act.
(5) This section establishes neither a preference nor a
presumption for or against joint
legal custody, joint physical custody or sole custody, but allows the
court and the family the
widest discretion to choose a parenting plan that is in the best
interest of the child.
Minimum Schedule of Parent Time for Children under 5 is controlled by Utah Law and below is what the law requires as a minimum for parent time.
30-3-35.5. Minimum schedule for parent-time for
children under five years of age.
(1) The parent-time schedule in this section applies to children
under five years old.
(2) All holidays in this section refer to the same holidays
referenced in Section
30-3-35.
(3) If the parties do not agree to a parent-time schedule, the
following schedule shall be
considered the minimum parent-time to which the noncustodial parent and
the child shall be
entitled.
(a) For children under five months of age:
(i) six hours of parent-time per week to be specified by the
court or the noncustodial
parent preferably:
(A) divided into three parent-time periods; and
(B) in the custodial home, established child care setting, or
other environment familiar to
the child; and
(ii) two hours on holidays and in the years specified in
Subsections
30-3-35(2)(f) through
(j) preferably in the custodial home, the established child care
setting, or other environment
familiar to the child.
(b) For children five months of age or older, but younger than
nine months of age:
(i) nine hours of parent-time per week to be specified by the
court or the noncustodial
parent preferably:
(A) divided into three parent-time periods; and
(B) in the custodial home, established child care setting, or
other environment familiar to
the child; and
(ii) two hours on the holidays and in the years specified in
Subsections
30-3-35(2)(f)
through (j) preferably in the custodial home, the established child care
setting, or other
environment familiar to the child.
(c) For children nine months of age or older, but younger than 12
months of age:
(i) one eight hour visit per week to be specified by the
noncustodial parent or court;
(ii) one three hour visit per week to be specified by the
noncustodial parent or court;
(iii) eight hours on the holidays and in the years specified in
Subsections
30-3-35(2)(f)
through (j); and
(iv) brief telephone contact and other virtual parent-time, if
the equipment is reasonably
available, with the noncustodial parent at least two times per week,
provided that if the parties
cannot agree on whether the equipment is reasonably available, the court
shall decide whether the
equipment for virtual parent-time is reasonably available, taking into
consideration:
(A) the best interests of the child;
(B) each parent's ability to handle any additional expenses for
virtual parent-time; and
(C) any other factors the court considers material.
(d) For children 12 months of age or older, but younger than 18
months of age:
(i) one eight-hour visit per alternating weekend to be specified
by the noncustodial parent
or court;
(ii) on opposite weekends from Subsection (3)(d)(i), from 6 p.m.
on Friday until noon on
Saturday;
(iii) one three-hour visit per week to be specified by the
noncustodial parent or court;
(iv) eight hours on the holidays and in the years specified in
Subsections
30-3-35(2)(f)
through (j); and
(v) brief telephone contact and other virtual parent-time, if the
equipment is reasonably
available, with the noncustodial parent at least two times per week,
provided that if the parties
cannot agree on whether the equipment is reasonably available, the court
shall decide whether the
equipment for virtual parent-time is reasonably available, taking into
consideration:
(A) the best interests of the child;
(B) each parent's ability to handle any additional expenses for
virtual parent-time; and
(C) any other factors the court considers material.
(e) For children 18 months of age or older, but younger than
three years of age:
(i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be
specified by the
noncustodial parent or court; however, if the child is being cared for
during the day outside his
regular place of residence, the noncustodial parent may, with advance
notice to the custodial
parent, pick up the child from the caregiver at an earlier time and
return him to the custodial
parent by 8:30 p.m.;
(ii) alternative weekends beginning on the first weekend after
the entry of the decree
from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
(iii) parent-time on holidays as specified in Subsections 30-3-35(2)(c)
through (j);
(iv) extended parent-time may be:
(A) two one-week periods, separated by at least four weeks, at
the option of the
noncustodial parent;
(B) one week shall be uninterrupted time for the noncustodial
parent;
(C) the remaining week shall be subject to parent-time for the
custodial parent consistent
with these guidelines; and
(D) the custodial parent shall have an identical one-week period
of uninterrupted time for
vacation; and
(v) brief telephone contact and virtual parent-time, if the
equipment is reasonably
available, with the noncustodial parent at least two times per week,
provided that if the parties
cannot agree on whether the equipment is reasonably available, the court
shall decide whether the
equipment for virtual parent-time is reasonably available, taking into
consideration:
(A) the best interests of the child;
(B) each parent's ability to handle any additional expenses for
virtual parent-time; and
(C) any other factors the court considers material.
(f) For children three years of age or older, but younger than
five years of age:
(i) one weekday evening between 5:30 p.m. and 8:30 p.m. to be
specified by the
noncustodial parent or court; however, if the child is being cared for
during the day outside his
regular place of residence, the noncustodial parent may, with advance
notice to the custodial
parent, pick up the child from the caregiver at an earlier time and
return him to the custodial
parent by 8:30 p.m.;
(ii) alternative weekends beginning on the first weekend after
the entry of the decree
from 6 p.m. on Friday until 7 p.m. on Sunday continuing each year;
(iii) parent-time on holidays as specified in Subsections 30-3-35(2)(c)
through (j);
(iv) extended parent-time with the noncustodial parent may be:
(A) two two-week periods, separated by at least four weeks, at
the option of the
noncustodial parent;
(B) one two-week period shall be uninterrupted time for the
noncustodial parent;
(C) the remaining two-week period shall be subject to parent-time
for the custodial
parent consistent with these guidelines; and
(D) the custodial parent shall have an identical two-week period
of uninterrupted time for
vacation; and
(v) brief telephone contact and virtual parent-time, if the
equipment is reasonably
available, with the noncustodial parent at least two times per week,
provided that if the parties
cannot agree on whether the equipment is reasonably available, the court
shall decide whether the
equipment for virtual parent-time is reasonably available, taking into
consideration:
(A) the best interests of the child;
(B) each parent's ability to handle any additional expenses for
virtual parent-time; and
(C) any other factors the court considers material.
(4) A parent shall notify the other parent at least 30 days in
advance of extended
parent-time or vacation weeks.
(5) Virtual parent-time shall be at reasonable hours and for
reasonable duration.
30-3-35. Minimum schedule for parent-time for
children 5 to 18 years of age.
(1) The parent-time schedule in this section applies to children 5
to 18 years of age.
(2) If the parties do not agree to a parent-time schedule, the
following schedule shall be
considered the minimum parent-time to which the noncustodial parent and
the child shall be
entitled.
(a) (i) (A) One weekday evening to be specified by the
noncustodial parent or the court,
or Wednesday evening if not specified, from 5:30 p.m. until 8:30 p.m.;
(B) at the election of the noncustodial parent, one weekday from
the time the child's
school is regularly dismissed until 8:30 p.m., unless the court directs
the application of
Subsection (2)(a)(i); or
(C) at the election of the noncustodial parent, if school is not
in session, one weekday
from approximately 9 a.m., accommodating the custodial parent's work
schedule, until 8:30 p.m.
if the noncustodial parent is available to be with the child, unless the
court directs the application
of Subsection (2)(a)(i)(A) or (2)(a)(i)(B).
(ii) Once the election of the weekday for the weekday evening
parent-time is made, it
may not be changed except by mutual written agreement or court order.
(b) (i) (A) Alternating weekends beginning on the first weekend
after the entry of the
decree from 6 p.m. on Friday until 7 p.m. on Sunday continuing each
year;
(B) at the election of the noncustodial parent, from the time the
child's school is regularly
dismissed on Friday until 7 p.m. on Sunday, unless the court directs the
application of Subsection
(2)(b)(i)(A); or
(C) at the election of the noncustodial parent, if school is not
in session, on Friday from
approximately 9 a.m., accommodating the custodial parent's work
schedule, until 7 p.m. on
Sunday, if the noncustodial parent is available to be with the child
unless the court directs the
application of Subsection (2)(b)(i)(A) or (2)(b)(i)(B).
(ii) A step-parent, grandparent, or other responsible adult
designated by the noncustodial
parent, may pick up the child if the custodial parent is aware of the
identity of the individual, and
the parent will be with the child by 7 p.m.
(iii) Elections should be made by the noncustodial parent at the
time of entry of the
divorce decree or court order, and may be changed by mutual agreement,
court order, or by the
noncustodial parent in the event of a change in the child's schedule.
(iv) Weekends include any "snow" days, teacher development days,
or other days when
school is not scheduled and which are contiguous to the weekend period.
(c) Holidays include any "snow" days, teacher development days
after the children begin
the school year, or other days when school is not scheduled, contiguous
to the holiday period, and
take precedence over the weekend parent-time. Changes may not be made
to the regular rotation
of the alternating weekend parent-time schedule; however, birthdays take
precedence over
holidays and extended parent-time, except Mother's Day and Father's Day;
birthdays do not take
precedence over uninterrupted parent-time if the parent exercising
uninterrupted time takes the
child away from that parent's residence for the uninterrupted extended
parent-time.
(d) If a holiday falls on a regularly scheduled school day, the
noncustodial parent shall be
responsible for the child's attendance at school for that school day.
(e) (i) If a holiday falls on a weekend or on a Friday or Monday
and the total holiday
period extends beyond that time so that the child is free from school
and the parent is free from
work, the noncustodial parent shall be entitled to this lengthier
holiday period.
(ii) (A) At the election of the noncustodial parent, parent-time
over a scheduled holiday
weekend may begin from the time the child's school is regularly
dismissed at the beginning of the
holiday weekend until 7 p.m. on the last day of the holiday weekend; or
(B) at the election of the noncustodial parent, if school is not
in session, parent-time over
a scheduled holiday weekend may begin at approximately 9 a.m.,
accommodating the custodial
parent's work schedule, the first day of the holiday weekend until 7
p.m. on the last day of the
holiday weekend, if the noncustodial parent is available to be with the
child unless the court
directs the application of Subsection (2)(e)(ii)(A).
(iii) A step-parent, grandparent, or other responsible individual
designated by the
noncustodial parent, may pick up the child if the custodial parent is
aware of the identity of the
individual, and the parent will be with the child by 7 p.m.
(iv) Elections should be made by the noncustodial parent at the
time of the divorce
decree or court order, and may be changed by mutual agreement, court
order, or by the
noncustodial parent in the event of a change in the child's schedule.
(f) In years ending in an odd number, the noncustodial parent is
entitled to the following
holidays:
(i) child's birthday on the day before or after the actual
birthdate beginning at 3 p.m. until
9 p.m.; at the discretion of the noncustodial parent, he may take other
siblings along for the
birthday;
(ii) Martin Luther King, Jr. beginning 6 p.m. on Friday until
Monday at 7 p.m. unless the
holiday extends for a lengthier period of time to which the noncustodial
parent is completely
entitled;
(iii) spring break beginning at 6 p.m. on the day school lets out
for the holiday until 7
p.m. on the Sunday before school resumes;
(iv) July 4 beginning 6 p.m. the day before the holiday until 11
p.m. or no later than 6
p.m. on the day following the holiday, at the option of the parent
exercising the holiday;
(v) Labor Day beginning 6 p.m. on Friday until Monday at 7 p.m.,
unless the holiday
extends for a lengthier period of time to which the noncustodial parent
is completely entitled;
(vi) the fall school break, if applicable, commonly known as
U.E.A. weekend beginning
at 6 p.m. on Wednesday until Sunday at 7 p.m. unless the holiday extends
for a lengthier period
of time to which the noncustodial parent is completely entitled;
(vii) Veteran's Day holiday beginning 6 p.m. the day before the
holiday until 7 p.m. on
the holiday; and
(viii) the first portion of the Christmas school vacation as
defined in Subsection
30-3-32(3)(b) including Christmas Eve and Christmas Day,
continuing until 1 p.m. on the day
halfway through the holiday period, if there are an odd number of days
for the holiday period, or
until 7 p.m. if there are an even number of days for the holiday period,
so long as the entire
holiday period is equally divided.
(g) In years ending in an even number, the noncustodial parent is
entitled to the
following holidays:
(i) child's birthday on actual birthdate beginning at 3 p.m.
until 9 p.m.; at the discretion
of the noncustodial parent, he may take other siblings along for the
birthday;
(ii) President's Day beginning at 6 p.m. on Friday until 7 p.m.
on Monday unless the
holiday extends for a lengthier period of time to which the noncustodial
parent is completely
entitled;
(iii) Memorial Day beginning at 6 p.m. on Friday until Monday at 7
p.m., unless the
holiday extends for a lengthier period of time to which the noncustodial
parent is completely
entitled;
(iv) July 24 beginning at 6 p.m. on the day before the holiday
until 11 p.m. or no later
than 6 p.m. on the day following the holiday, at the option of the
parent exercising the holiday;
(v) Columbus Day beginning at 6 p.m. the day before the holiday
until 7 p.m. on the
holiday;
(vi) Halloween on October 31 or the day Halloween is
traditionally celebrated in the
local community from after school until 9 p.m. if on a school day, or
from 4 p.m. until 9 p.m.;
(vii) Thanksgiving holiday beginning Wednesday at 7 p.m. until
Sunday at 7 p.m.; and
(viii) the second portion of the Christmas school vacation as
defined in Subsection
30-3-32(3)(b), beginning 1 p.m. on the day halfway through the
holiday period, if there are an
odd number of days for the holiday period, or at 7 p.m. if there are an
even number of days for
the holiday period, so long as the entire Christmas holiday period is
equally divided.
(h) The custodial parent is entitled to the odd year holidays in
even years and the even
year holidays in odd years.
(i) Father's Day shall be spent with the natural or adoptive
father every year beginning at
9 a.m. until 7 p.m. on the holiday.
(j) Mother's Day shall be spent with the natural or adoptive
mother every year beginning
at 9 a.m. until 7 p.m. on the holiday.
(k) Extended parent-time with the noncustodial parent may be:
(i) up to four consecutive weeks when school is not in session at
the option of the
noncustodial parent, including weekends normally exercised by the
noncustodial parent, but not
holidays;
(ii) two weeks shall be uninterrupted time for the noncustodial
parent; and
(iii) the remaining two weeks shall be subject to parent-time for
the custodial parent for
weekday parent-time but not weekends, except for a holiday to be
exercised by the other parent.
(l) The custodial parent shall have an identical two-week period
of uninterrupted time
when school is not in session for purposes of vacation.
(m) Both parents shall provide notification of extended
parent-time or vacation weeks
with the child at least 30 days prior to the end of the child's school
year to the other parent and if
notification is not provided timely the complying parent may determine
the schedule for extended
parent-time for the noncomplying parent.
(n) Telephone contact shall be at reasonable hours and for a
reasonable duration.
(o) Virtual parent-time, if the equipment is reasonably available
and the parents reside at
least 100 miles apart, shall be at reasonable hours and for reasonable
duration, provided that if
the parties cannot agree on whether the equipment is reasonably
available, the court shall decide
whether the equipment for virtual parent-time is reasonably available,
taking into consideration:
(i) the best interests of the child;
(ii) each parent's ability to handle any additional expenses for
virtual parent-time; and
(iii) any other factors the court considers material.
(3) Any elections required to be made in accordance with this
section by either parent
concerning parent-time shall be made a part of the decree and made a
part of the parent-time
order.
(4) Notwithstanding Subsection (2)(e)(i), the Halloween holiday
may not be extended
beyond the hours designated in Subsection (2)(g)(vi).