Correcting Bad Divorce Advice

When it pertains to divorce, it often appears that everybody and their mother has an opinion on what you need to or should not do. We set the record straight on a few of the worst recommendations our experienced divorce lawyers have actually heard from clients.

Get over it and stop pitying yourself.

People going through a divorce require time to process and grieve and accept and recover. Part of that is having a few breakdowns. You are totally entitled. Be mad that it happened. Be overwhelmed. Be actually upset. You can even play the victim (but do stop eventually or your life will never ever recuperate). Pitying yourself is part of the mourning process in divorce, and if you go through that, you will begin to have the ability to proceed. Moving on is a lot much easier said than done. There are specific elements of your divorce that may take decades for you to let go. Moving on is different for everybody. When you do it is up to you.

Wait at least a year prior to dating after divorce.

The majority of people going through a divorce have been dissatisfied and felt alone/lonely for a long, long period of time. Simply put, they didn't simply get up and choose to get divorced. The issues probably began years previously. So, what are some factors individuals date? For companionship, friendship, fun ... and isn't really that best for someone in this situation? Should a person sit house alone and consider the divorce up until the one-year mark? Definitely not. If they choose to do so, that is completely easy to understand. But nobody ought to tell someone the length of time to wait before dating after divorce.

Half and half parenting time is bad for kids.

Said who? In some cases, 50/50 parenting is fabulous for the children. It is exactly what they require. In other cases, 50/50 parenting is a disaster! Either the children are too young, or the moms and dads live too far away, or there are other factors why a various parenting schedule would work better. Parenting schedules should be made based upon the specific truths of each case.

Joint custody just works if the parents get along.

This one holds true, but only partially. Yes, joint custody requires parents to be able to interact for the children. However you do not have to get along on whatever in order to make joint custody work. You simply have to have the ability to interact with each other and agree on exactly what pertains to your kids.

Mediation takes longer than duking it out in court.

This is a flatout lie. Can mediation take a long time? Sure. Are there cases which are fixed in mediation in a couple of sessions? Absolutely. While stats vary commonly, all the statistics I have ever seen state that solving your case through divorce mediation is quicker than resolving it in court.

Happily ever after is just for movies.

Do not believe this one. I've seen enough real people who got divorced and are now really, actually delighted. It didn't take place overnight, and individuals probably truly dealt with themselves and made great choices, didn't rush into things. But fairy tales are still feasible. Believe that. If you desire it, you can have it too.

The Status Quo in a Divorce is the New Black

So you are thinking of separating. Perhaps things are so bad between you and your soon to be ex that you simply cannot take it anymore and are vacating. Before you make that option you ought to completely comprehend that if you leave the home and the children behind, you are establishing a new status quo which may not be to your advantage in the occasion you apply for divorce. If the spouses are separated, a judge will take a look at what the both parents have actually been doing while separated and ask if it is working. The status quo sets a precedent and judges want to keep a status quo that is working, it does not matter always that you don't like it. There are two major issues which people should think about before they separate and move out of the family house.

How the Status Quo Impacts Ownership of the Home in a Divorce

If you move out of the marital home upon separation, it may later on impair your chances of being awarded ownership of the marital house at a later time throughout the divorce. Let's say your partner is driving you nuts and refuses to leave the house, so you decide to go find your own apartment or condo and vacate thinking you will simply later battle to get back in the home after you declare divorce. This is not a good tactical plan because the judge might simply take a look at the situation and state, "well why would I award you possession of the marital home when you have currently moved out and developed a different home?" When a brand-new status quo has been established, judges are often reluctant to change things.

How the Status Quo Impacts Child Custody and Visitation

The term "status quo" refers to the current arrangement between the parents and kids regarding kid visitation and custody. The status quo typically impacts court choices relating to these issues. The following is a summary:

• Whatever the current status quo is between the parents of the child might remain the status quo during a child custody case. This suggests that if the moms and dads have agreed upon a visitation schedule for a considerable amount of time and it seems to be working well, the judge may utilize this schedule as the basis for ongoing custody arrangements.
• In some situations, however, the court will not follow the status quo. This is true when one mom or dad is disappointed by the current visitation arrangement and can demonstrate a great reason that it must be changed.
• If you are the mom or dad who is happy with the status quo and the other mom or dad is asking for a modification, you will need to promote to the court regarding why the existing plan should not be altered.
• If you are the mom or dad who is disappointed with the status quo visitation plan, you need to show the court why this arrangement is not in the kid's benefit.
• Courts are more likely to alter the status quo arrangement in cases where it has actually been a short-term change from how visitation used to be dealt with between the mom and dad, or in cases where the arrangement was required upon the kids over the objection of one parent.

What Does "Anticipation in Favor of the Status Quo" Mean in a Kid Custody Hearing?

During child custody hearings, judges normally provide their rulings with a "anticipation in favor of the status quo". The judge will base the child custody order according to the status quo, which is the plan that existed before the procedures.

All kid custody determinations need to be made in according to the best interests of the kid. In a lot of cases, it is usually in the very best interests of the child not to disrupt existing custody plans unless it is absolutely essential.

For that reason, judges nearly constantly choose to protect the status quo in any kid custody hearing. The reason is that the kid might have already gotten used to the existing adult plan.

When Can the Status Quo Be Altered or Altered?

Of course, the reason child custody hearings are submitted is generally since the present custody plan may not suitable for the child. A judge might choose to change, modify, or disregard the status quo when:

• The child or kids would gain from a brand-new custody determination
• Either parent has actually committed abuse, violence, harassment, or other infractions versus the kid
• Upholding the status quo would not be useful for the kid (for example, if just one parent wants to actually move or has recently been moved) for work
• A change in custody is required by law (for example, if a new statute has actually been provided by the state which impacts custody rights)
• For that reason, a judge will think about the entire circumstance surrounding the child when identifying custody. This may lead to the parents needing to alter an existing, casual custodial plan so that the kid's requirements are much better served

About the Author

David Pedrazas has been recognized as Salt Lake City’s bestdivorce attorney by many associations year after year. Since 1998, he has settled over 1,000 cases and won multiple awards for his excellent trial record.

Understanding Utah’s Mandatory Divorce Class

What is Parent Education and Why Do Some States Require It?

As the number of family-related court filings has risen for many years, households have increasingly depended on the courts to deal with divorce problems consisting of child custody, visitation, child assistance, paternity, emergency situation protective orders, and limiting orders.

As an outcome, courts have discovered that adult conflict related to divorce is a social concern because children suffer potential short-term and long-term detrimental financial, psychological, and educational effects throughout times of family transition due to divorce. To resolve this issue, numerous states have chosen to mandate parent education classes.

What States Require Parent Education Classes?

Seventeen states, including Utah, require ALL divorcing parents, regardless of the divorce being contested or not, to attend some kind of parent education class. The court will not release a decree until both parties have finished the course requirements and have presented a certificate to the court. You must finish the courses as soon as possible however no later on than 60 days after filing the petition if you are the petitioner, or, if you are the respondent, no later on than one month after being served with notice of the course requirements.

Topics Covered in Parent Education Classes

The Divorce Orientation class discusses statistics about divorce and some things to think about during the process. It talks about how kids deal with the divorce process and offers some tips to help them. It also offers some ideas to assist you as you navigate the brand-new waters of post-divorce co-parenting. If you participate in with an open mind, you will likely learn some suggestions to assist you as you shift from married to separated.

• The concerns and procedures for dealing with time-sharing and kid assistance conflicts.
• The psychological experiences and issues of divorcing adults.
• The household problems and the psychological concerns and requirements of the kids.
• Family relationships and household dynamics.
• Financial responsibilities to a child or children.
• Problems regarding spousal or child abuse and overlook.
• Skill-based relationship education that may be generalized to parenting, office, school, community, and civic relationships.
• The availability of community services and resources.

What are the Advantages of Parent Education?

Scientists at Arizona State University established a parent education program called "New Beginnings" in 1992 and monitored the impacts for twenty years. They discovered that separating parents who took part in the program saw significant advantages for their kids 6 years later, including:

• Less major behavior and psychological issues
• Greater grades
• Greater self-confidence
• Less drug and alcohol use
• Less early sexual activity

In a fifteen-year follow-up, the researchers discovered that the program actually lowered depression in the children, who were now in between the ages of 24 and 28. Fifteen years after the program, they had substantially fewer mental disorders and substance abuse problems and a higher quality of relationships with romantic partners than a control group.

Research study showed that the enhancements in children’s behaviors were due to the parenting abilities taught in the program. After the classes, moms and dads were more warm and caring and used more efficient discipline. Parents who participated in the program also reported feeling less depressed.

Educate Yourself with the Law Offices of David Pedrazas

If you're preparing for divorce procedures, contact the Law Offices of David Pedrazas for a free 30-minute consultation on your case. With more than 15 years of experience, our attorneys will develop and present your case both personally and professionally.

Understanding Utah’s Mandatory Divorce Class

What is Parent Education and Why Do Some States Require It?

As the number of family-related court filings has risen for many years, households have increasingly depended on the courts to deal with divorce problems consisting of child custody, visitation, child assistance, paternity, emergency situation protective orders, and limiting orders.

As an outcome, courts have discovered that adult conflict related to divorce is a social concern because children suffer potential short-term and long-term detrimental financial, psychological, and educational effects throughout times of family transition due to divorce. To resolve this issue, numerous states have chosen to mandate parent education classes.

What States Require Parent Education Classes?

Seventeen states, including Utah, require ALL divorcing parents, regardless of the divorce being contested or not, to attend some kind of parent education class. The court will not release a decree until both parties have finished the course requirements and have presented a certificate to the court. You must finish the courses as soon as possible however no later on than 60 days after filing the petition if you are the petitioner, or, if you are the respondent, no later on than one month after being served with notice of the course requirements.

Topics Covered in Parent Education Classes

The Divorce Orientation class discusses statistics about divorce and some things to think about during the process. It talks about how kids deal with the divorce process and offers some tips to help them. It also offers some ideas to assist you as you navigate the brand-new waters of post-divorce co-parenting. If you participate in with an open mind, you will likely learn some suggestions to assist you as you shift from married to separated.

• The concerns and procedures for dealing with time-sharing and kid assistance conflicts.
• The psychological experiences and issues of divorcing adults.
• The household problems and the psychological concerns and requirements of the kids.
• Family relationships and household dynamics.
• Financial responsibilities to a child or children.
• Problems regarding spousal or child abuse and overlook.
• Skill-based relationship education that may be generalized to parenting, office, school, community, and civic relationships.
• The availability of community services and resources.

What are the Advantages of Parent Education?

Scientists at Arizona State University established a parent education program called "New Beginnings" in 1992 and monitored the impacts for twenty years. They discovered that separating parents who took part in the program saw significant advantages for their kids 6 years later, including:

• Less major behavior and psychological issues
• Greater grades
• Greater self-confidence
• Less drug and alcohol use
• Less early sexual activity

In a fifteen-year follow-up, the researchers discovered that the program actually lowered depression in the children, who were now in between the ages of 24 and 28. Fifteen years after the program, they had substantially fewer mental disorders and substance abuse problems and a higher quality of relationships with romantic partners than a control group.

Research study showed that the enhancements in children’s behaviors were due to the parenting abilities taught in the program. After the classes, moms and dads were more warm and caring and used more efficient discipline. Parents who participated in the program also reported feeling less depressed.

Educate Yourself with the Law Offices of David Pedrazas

If you're preparing for divorce procedures, contact the Law Offices of David Pedrazas for a free 30-minute consultation on your case. With more than 15 years of experience, our attorneys will develop and present your case both personally and professionally.

How Child Support is Calculated in Utah

In Utah, there's a variety of aspects the court will consider when figuring out just how much child support you will have to pay, or just how much child support you will receive in your divorce or custody battle. The court will think about:

• The earnings of both of the parties
• The amount of children born to parents
• The kind of physical custody granted
• Whether one of the parties has another child support or spousal support obligation
• Whether there are other kids currently living with one of the parents

The Earnings of Both Parents

Courts think about the earnings of both of the parties when determining child support: the party paying child support and the party getting child support.

Unemployed Parents

Occasionally, one of the parents is jobless and for that reason does not have any earnings. When this happens, the court can assign income; This indicates that the court will take a look at the work history and employable abilities of that jobless parent to figure out the amount of income they are capable of making.

Unemployed Without any Previous Work History

If one parent doesn't have any previous work history or any employable abilities, the court will likely determine that the parent has the ability to make a minimum of base pay.

Irregular Earnings

Sometimes a parent is utilized in a position where their income is dependent upon commissions, where their work is seasonal, or where for any other factor their income fluctuates month to month or year to year. In this case, the court might look at their salary over the past years to determine an average wage that they will be held to for the purposes of computing child support.

Overtime Pay or Second Job

Usually, child support is determined based upon a 40-hour work week. Overtime pay and income from a second job can be thought about when determining child support, but usually is not.

Number of Children That the Parties Have Together

The amount of kids born to both parents has among the most significant effect on the amount of child support that will be paid/received. Naturally, if there are more kids born to the family, the quantity of child support paid/received will be greater.

Type of Physical Custody Granted

The type of physical custody granted to the parents is another aspect will considerably impact the amount of child support paid/received.

Joint Physical Custody

Joint physical custody is determined by the number of overnights each year that the kids spend with each of the moms and dads. The amount of child support will change depending on the number of overnights the child invests with each of the parents.

Main Physical Custody

If one party is awarded main physical custody, then courts no longer consider the number of overnights the kids spend with each of the parents, and instead calculate child support based on the fact that primary physical custody has actually been granted.

Previous Child Support or Alimony Responsibility

The court will consider the amount of child support or alimony (spousal assistance) that one of the moms and dads has to pay in another, different case when determining the child support owed/received in your case.

Commitment to Kids in the Present Home

If one of the parents has been remarried, and there are other children of that marriage living in that parent's home, the court will consider the monetary obligation that parent owes to those children when calculating child support.

Utah Child Support Lawyer

Figuring out the amount of child support is the responsibility of the court, however to assist you get a basic concept, you can utilize this Child Support Calculator. If you find yourself in need of a lawyer to help you understand the system for child support, get in touch with the offices of David Pedrazas.

5 Things You May Not Know About Legal Separation

If you reside in the state of Utah and are thinking about a divorce, you must know there are two other options, annulment and legal separation. While you are probably knowledgeable about how divorce and annulments work in your state, there is information of getting a legal separation in Utah you may want to think about.

There Are Residency Requirements in Utah

There are residency requirements to get a legal separation in the state but they are lenient. To be qualified for a legal separation in Utah, both partners should have been living in the state for the previous 90 days.

There is an Initial Process

Twenty days after the submitting the petition to the court for a legal separation, the participant will get a summons to appear in court. As soon as in court, the petitioner will have the chance to explain the grounds for the separation. At this moment the judge normally grants a decree of legal separation.

Spouses Need to Participate in Divorce Education Course

When minor kids are involved, after a petition for temporary separation has actually been submitted and served, both spouses need to attend a divorce course. The course should be gone to by the petitioner within 60 days after the filing while the respondent should attend within 45 days of being served.

You Are Still Accountable for the Financial Obligations of Your Partner

Although you are no longer living together, in a legal separation you are still accountable for spousal debts. You are likewise responsible for legal issues they might be associated with. A legal separation decree would resolve arrangement on these debts. If a spouse neglects to pay certain joint marital debts nevertheless, creditors can still follow you.

Lawyer's Costs Are the Same as a Divorce

It might shock some individuals that a legal separation costs about the same as a divorce. Why? Since they accomplish the exact same things as divorce - such as child custody orders and alimony - there's one major distinction: You are still technically married. After a decree of legal separation is entered, and if the involved parties decide later on that they desire a divorce, the costs will be charged a second time for the divorce.

Legal Separation Attorney David Pedrazas

As you can see, the decision to obtain a legal separation as opposed to a divorce in Utah can be complex. It can be worse if the parties are not cooperative and amicable. This is why you should seek the services of a skilled attorney like David Pedrazas. For more than 15 years, David Pedrazas has been helping families move through these difficult times. He will go over your options, discussing the advantages and issues of each course you can take.

Each case is unique and you are worthy of the help customized to your scenario. Contact us for a free 30-minute assessment today.

Divorce Based on Adultery in Utah

Divorce is an unfortunate, complicated situation that no one wishes to go through. Nevertheless, with 40 to 50 percent of marriages ending in dissolution, it's an unavoidable one for several. Factoring in cheating, alimony, and Utah regulations complicates the scenario even further. Which is the reason that we at The Law Office of David Pedrazas look to help people entangled in these types of complicated factors and also make facts more understandable.

Adultery in Utah

In Utah, adultery impacts countless relationships every year. Other problems regarding sex and fidelity, including fornication, bigamy, and polygamy are also against the law. Prior to discussing just how infidelity has an effect on divorce procedures, it is necessary to review the concept of "fault." In some states, a divorce must show that one of the two parties is at "fault" for the divorce. A typical sign of fault is infidelity. This suggests that fault is required for the dissolution to proceed. Recently, a lot of the fault laws have actually been rescinded across the nation.

Utah, however, is a "no fault" state; a couple can just simply apply for dissolution on the grounds of "irreconcilable differences." Due to this, adultery does not actually factor into the basic mechanics for getting a divorce. It can, however, factor into a variety of aspects pertaining to the split, specifically alimony.

Alimony in Utah

Alimony is the court-ordered financial plan from one spouse to another during separation, and also during or after a divorce. It can not last longer than the life of the marriage, unless there are extenuating circumstances, and cuts off when the paying spouse dies, the beneficiary remarries, or if the paying spouse shows the fact that the receiver has moved into a household with a new partner and benefits fiscally from it.

Either a husband or wife can ask for spousal support, and the approval and size depends on a range of aspects:

• Fiscal needs of both parties after the split, which includes debts and other liabilities.
• Earning ability of the potential recipient following the divorce, which includes prior work history, ability to work, and other streams of income.
• Earning potential of the paying husband or wife, including the same pieces from the previous bullet point.
• Marital lifespan. As time passed, the prospective beneficiary may have grown significantly dependent on the other spouse.
• Child custody.
• Standard of living for each of the parties before, during the course of, and after the marriage.
• Fault, which can consist of adultery, physical abuse, scare tactics, or threatening financial security.

By taking part in sexual relations with another person besides his or her husband or wife, someone could be at fault for the split. The court, however, does not evaluate the circumstances without investigation.

Infidelity can not be used as fault - in regards to spousal support - several years after the incident and the couple's subsequent getting back together. The reveal of this kind of an event has to have been relatively recent. If both partners committed adultery, then each are at fault and the spousal support would not change either way.

The committing of infidelity does not necessarily imply that spousal support won't be delivered, as it's merely one of the numerous aspects for the court to consider. If the adulterous husband or wife is also the spouse seeking alimony, however, it doesn't show that individual in a sympathetic light. Furthermore, if considerable marital finances were invested either perpetuating or covering up the affair, that will also be taken into consideration. Spouses are expected to share finances, just not on extra-marital affairs.

In the absence of a confession, husband or wives seeking to allege they were cheated on will need to provide the court with sufficient proof. This can include phone records, credit card statements, bank statements, receipts, or other tangible evidence. It's important for the accuser to talk to a legal professional before going forward with these claims, because confirming adultery may be very challenging.

Child Custody in a Utah Divorce

Generally speaking, cheating does not factor into concerns over child custody; it only gains influence it if the child was somehow emotionally traumatized by an event concerning the affair. A child catching a parent in the act of cheating would most certainly influence the court's perception of that parent's duty.

Contact The Offices of David Pedrazas for a Free Consultation

Going through a divorce, especially following possible extramarital relations, is an emotionally draining event like few others. The complicated world of legal jargon and Utah legislation does not make this kind of an event any easier. Let the legal pros at The Law Office of David Pedrazas relieve your burden and work with your situation a personal basis. The info laid out above is a great start to learning more about the truth of your circumstances, but our offices can help out much more. If you're dealing with a dissolution of marriage in the state of Utah, don't hesitate to contact us today for a complimentary consultation.