Ending a marriage is never easy. In addition to the emotional distress, families dealing with separation face tough legal battles.
Hiring a divorce attorney who can assist with property division and child custody is the surest way to achieve the best possible outcome.
Why do so many families in Ogden, UT, and Layton turn to Froerer & Miles when facing these family law matters?
During a Divorce, Your Finances & Family Are at Stake
Protect Your Property
In the state of Utah, marital property is divided in an equitable (or fair) manner. Because property is not divided 50-50, the courts will take several factors into account. An attorney can ensure that property division is fair and serves your best interests.
Plan for the Future
Alimony, custody, and visitation agreements will directly affect you for many years to come. Without the assistance of an attorney, you may end up with a decree that causes you difficulty in the long term. Our Ogden divorce lawyers can help you reach a favorable agreement that promotes your long-term satisfaction.
Meet Bob Froerer
Schedule a Consultation with a Froerer & Miles Divorce Lawyer
Ending a marriage has lasting consequences, so you need a lawyer on your side to protect your best interests every step of the way.
The Froerer & Miles team has been practicing family law since 1959. Our attorneys can guide you through every step of your separation, from filing to resolution. We make world-class family law services accessible for families from Ogden, Layton, and other communities by offering:
- Free consultations
- Guaranteed responses within 24 hours
- Affordable rates
It's never too soon to make sure your best interests and those of your children are protected. Start the process today by speaking to one of our lawyers. Request your consultation online or call us:
Froerer & Miles helped me get a divorce with ease and professionalism and had my best interest at heart. I would go the Froerer & Miles for all legal actions that they participate in. Wonder staff and wonderful attorneys.
I knew we needed wills done for our young family. They returned my call right away, easily scheduled a free consultation, and recommended a great package to include wills and a living trust to take care of all of our assets. They were awesome in helping me take care of my family with no fuss at a great price. Would recommend them highly.
Remember: Utah Has Its Own Divorce Laws
Divorces are difficult to navigate on your own, especially because each state has unique laws surrounding the matter. In Utah, there are a couple of special considerations to take into account:
To dissolve your marriage in Utah, at least one of the parties must be a resident of the state, residing in the county of filing for at least three months. The process is initiated by the “petitioner” spouse, and the other spouse, known as the “respondent” must file a reply. If no answer is filed within the time period specified in the summons, the petitioner can move for a default judgment. A default judgment is a binding decision in favor of one party based on the failure of the other party to take action. It is most often granted in favor of the plaintiff, or petitioner.
Fault vs. No-Fault
State divorce laws differ, but most, like Utah, grant divorce on both a “no-fault” and “fault” basis. A no-fault case cites “irreconcilable differences” or can be granted after a couple has lived apart for three years under a state-issued “separate maintenance order.” Because a no-fault divorce is easier and less expensive, this is a common choice for many clients.
Meanwhile, the grounds for a fault-based divorce fall into one of eight basic categories:
- Willful desertion
- Willful neglect
- Habitual drunkenness
- Felony conviction
- Cruel treatment (such as domestic violence causing bodily injury or great mental distress)
- Incurable insanity
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What To Expect from Filing to Finalization
The waiting period from the time of initial filing to final judgment is 30 days, although special circumstances can allow for a waiver to obtain a divorce more quickly. Prior to the establishment of a permanent plan, temporary orders are often sought to provide support and other immediate needs.
The primary issues to be resolved in any dissolution pertain to property division, alimony, child custody, visitation, and child support. Partners who have been married for only a short time, have no children, and few assets to divide can have a simple, uncontested divorce.
Marriages of a longer duration with shared property and debts tend to be more complex, and issues relating to children can create potentially difficult disputes. The courts routinely require mandatory mediation for contested issues and education classes when minor children are involved.
Although every situation is different, here is what you can generally expect from the time you file to your final decree in the state of Utah:
Divorce Mediation: An Amicable Alternative to Litigation
Whenever possible, our lawyers try to resolve family law matters through reasonable discussion outside of the courtroom. Collaborative divorce employs mediation and negotiation to reach a peaceful resolution. By choosing a collaborative approach, you and your former spouse can benefit from:
- A faster process
- A more economical process
- A more stable relationship after the divorce
Although our lawyers prefer a collaborative approach whenever possible, we will do whatever it takes to help you reach a favorable resolution.
Property Division, Support, Custody, and More
Utah law calls for marital property to be divided in a "fair and equitable" manner rather than a 50-50 split. Marital property includes any property, income, assets, retirement savings, or debt that was acquired during the course of the marriage, but does not include property inherited by either spouse, property owned by either spouse before the marriage, or gifts given to either spouse. When dividing property, the court will take several factors into account, including the length of the marriage, the financial and health status of each spouse, and the occupation and income of each spouse. Our Ogden attorneys can help you ensure that only marital property is divided and that it is divided fairly.
Alimony, or spousal support, often leads to disagreement between couples. Depending on the circumstances, alimony may be awarded to the spouse who has lesser earning capacities, or has given up a career to stay home with children. In Utah, alimony may not be ordered for a longer period than the length of the marriage, and discontinues upon the recipient’s remarriage. Cohabitation also terminates alimony, but a petition must be filed with the court before payments can be halted.
Child custody is often one of the most challenging aspect of a divorce. With the help of an attorney, you can avoid a "custody battle" and reach an agreement that upholds your child's best interests and long-term welfare. In Utah, there are two types of child custody. Legal custody determines which parent will make important decisions on behalf of the child, while physical custody mandates where the child will live. You know your child better than anyone else. Rather than leaving your child's future up to a judge, you should contact an attorney who can help you reach a custody agreement that meets your child's needs.
Once a child custody agreement has been reached, you will also need to determine parent-time for the non-custodial parent. Our attorneys can help you compose a parent-time schedule that serves the best interests of you and your child. Our Ogden divorce lawyers have also assisted military families in reaching visitation plans that meet their unique needs.
Although the state of Utah has Uniform Child Support Guidelines in place to calculate child support payments, most families will need the help of an attorney to ensure that their income, family size, and costs are properly calculated. Our Ogden lawyers can represent you whether you are seeking support, providing support, or pursuing a modification to your previous child support agreement.
Life happens. If you experience a sudden change in circumstances such as a loss of income, illness, or relocation, you can seek modification of your previously agreed upon child custody, visitation, or child support agreements. Whether you are seeking modification or attempting to prevent modification, our divorce lawyers can examine your case and work to achieve your desired results.
By law, your former spouse is required to follow the divorce decree decided upon at the time of your divorce. If he or she fails to provide the proper support, a lawyer can help you with enforcement of a divorce decree. Our attorneys can help you hold your former partner accountable to you and your children.
Talk to a Divorce Lawyer Today
Whether you are beginning the divorce process or are seeking modification or enforcement of a divorce decree, Froerer & Miles can provide you with the expert assistance you need. We can assist with virtually every family law matter, so you don't have to worry about dealing with multiple firms.
Our law firm is conveniently located in Ogden, making it accessible for clients in Ogden and throughout northern Utah. To arrange a consultation with a family law attorney, contact us online or call:
I appreciate the time and professionalism of Bob and his team in handling my legal matters. Their response to inquiries was always prompt and questions we answered to my satisfaction. I highly recommend Froerer & Miles.
Knowledge, detailed and kind to clients. Made things happen in a timely manner.
Call Us Today for a Free Consultation
Divorces are notoriously tough, but they are even more difficult without the help of a lawyer. With Froerer & Miles, you will gain a dedicated advocate who is looking out for your best interests at all times. Our law firm offers free consultations for families in Ogden, Layton, and throughout the state. To talk to a divorce lawyer today, request your legal consultation online or call us:
"Great firm to update family trust and will documents. Reasonable costs with attention to detail, legal advice, and service. Bryce Froerer is a consummate professional and legal advisor. Highly recommended."