Sunday, November 12, 2017

5 Reasons Women Ask for a Divorce


The Utah state law lays down certain codes (30-3-1) or grounds for a divorce . for a divorce. These grounds include impotency, adultery, willful desertion (that spans a time period of a year or more), alcohol dependency, felony conviction, insanity, cruelty treatment and others. The couples who are not cohabiting for a period of more than 3 years can also get divorced. Women are commonly affected by irreconcilable differences and other issues when they pursue a divorce. Below are 5 reasons why woman asks for a divorce.

Adultery

A Woman asks for a divorce when her husband commits adultery. Adultery is extramarital sex i.e. sex done by the husband after marriage, with another person. Long-term sexual relations, or affairs, are obviously also grounds for divorce. The husband may develop a relationship with another woman and the wife would have no option but to end the marriage.

Impotency

A woman can also ask for a divorce when she is not satisfied with her sexual life post marriage. The husband may suffer from medical, psychological and/or physical condition so that he is unable to have intercourse. In this condition, the woman can part ways. Legally, inability to produce a child or infertility is not impotence, and in turn not a ground for divorce.

Financial issues

Financial issues are the most common reasons for divorce and nearly 80% of all divorces are caused by money and debt related problems. The husband might spend a lot and the wife would have to bear the expenses, or the husband may not provide ample amount of monthly expenditure to the wife. Some people give more priority and preference to money and the relationship itself takes a back seat. There are many other ways in which finances deteriorate a relationship. An expert divorce lawyer in Utah will help you get the financial aid that you are legally entitled to.

Domestic violence

Women are most affected by domestic violence. Violence has been found to affect around two-thirds of the marriages and around 95% of sufferers are the woman. Once the vicious cycle starts, a woman finds violence an ongoing lingering threat that always affects her marriage. The violence and abuse may extend to children as well. Apart from divorce, a woman may also ask for legal action and subsequent penalties (including jail and fines) when affected by violence.

Long-term imprisonment

When the husband undergoes a jail term for a long time period, the wife may quit the relationship. While short-term imprisonment (for instance a 60-day jail term for drunken driving) may not be a legal ground for divorce, a long-term jail term of 3 years or more is. The wife may not find the spouse around her and can start her married life again with another person after getting divorced.

We at Utah Divorce are committed to offering you real legal help well within the time. Call us now for a free case evaluation. We offer compassionate care and our experts have tremendous exposure and expertise to handle your divorce case the best way. We do not charge anything until your case is completely settled and help you get the maximum reimbursement.


About the Author:
David Pedrazas is a premier divorce and family law attorney in Salt Lake City, Utah. He graduated from the University of Utah Law School in 1997 and has been practicing for over 14 years in the areas of divorce, child support, child custody, paternity, alimony, property division, and parent time.


Law Office of David Pedrazas, PLLC
3325 South 1100 East
Salt Lake City, UT 84106
801-263-7078

Friday, October 6, 2017

5 Reasons Men Ask for a Divorce


Why do men get divorced? When talking to a divorce lawyer in Utah men generally tend to cite the same reasons over and over again. While the specifics change in each relationship, there are a few leading causes that send men to attorneys. Below are five of the most common reasons why men seek out legal advice for a divorce.

Infidelity

Infidelity is a common cause of a marriage's end. When men come to see a divorce attorney, they're coming either because they've been cheated on or because they're being proactive after cheating. While it's easy to make a value judgment here, the truth is that men who are dealing with situations of infidelity are very likely to need a lawyer - this kind of betrayal doesn't often lead to amicable divorces.

Major Life Changes

Many relationships rely on a certain routine to function. When that routine is interrupted, a relationship can fall apart. Many men find themselves seeking divorce when they or their partners have been forced to relocate, have changed work hours, or have gone through a life-changing event that ends their ability to live their former lifestyle. These men are often seeking not just the end of a marriage, but the ability to adapt to a new type of life.

Financial Woes

Financial difficulties put an incredible stress on a marriage. They often lead to fighting and resentment even if both parties are trying their hardest. Money issues are a leading cause of marriage failure and many men seek out an attorney to get away from toxic situations. These men are often interested in making sure the assets they currently have are protected from profligate spending and don't want to lose their financial futures at the same time they lose a spouse.

Family Issues

When family problems arise, marriages are tested. Sadly, some of these problems are so severe that a marriage just can't survive. It's common for men to seek out a divorce lawyer after incidents involving the death of children or other family members, as their relationship with their spouses have been tested beyond their ability to be repaired. Often accompanying heart-breaking situations, these divorces are often very difficult on all involved.

Incompatibility

Finally, issues of simple incompatibility often drive men to divorce. When seeking out a divorce lawyer in Utah men often simply state that the person they married isn't the person who they believed she was. This is very common among those who marry very early or very quickly, especially if they don't have a great deal of relationship experience. Sometimes, a marriage just doesn't work and the most reasonable thing to do is to bring it to an end.


Divorces occur for many reasons. Sometimes, the smartest move is to seek out help to end the marriage quickly and fairly. If you are considering divorce, make sure to contact us at the Law Office of David Pedrazas, PLLC to get the help that you deserve.


About the Author:
David Pedrazas is a premier divorce and family law attorney in Salt Lake City, Utah. He graduated from the University of Utah Law School in 1997, and has been practicing for over 14 years in the areas of divorce, child support, child custody, paternity, alimony, property division, and parent time.


Law Office of David Pedrazas, PLLC
3325 South 1100 East
Salt Lake City, UT 84106
801-263-7078

Tuesday, February 21, 2017

3 Ways to Make Child Visitation After Divorce Easier


A divorce is filed every 36 seconds in America. Several of these dissolution involve children and visitation rights. Although the practice of peaceful co-parenting is not easy, it is necessary for the emotional well-being of your child.

Here are three ways that you can make visitation days go smoother with your former spouse immediately after divorce.

Embrace Flexibility

Your marriage may not have worked because of strong wills that led to irreconcilable differences, but your child visitation agreement does not have to travel down the same path. Discussing a schedule that works best for both parties and being willing to accommodate your former partner's schedule is the key to success.
Also, consider showing your ex-spouse mercy when he is a few minutes late picking up or dropping off the kids. Perhaps he was held over at work, or maybe there was unexpected construction on the road that caused his tardiness. It is important to be flexible when working with varying schedules.

Do Not Disturb Your Former Spouse's Time with the Kids

How would you feel if your ex-spouse planned a trip to Disneyland with the kids on the weekend that you were supposed to have them? The largest part of child visitation rights involves the parties respecting each other's time.
Consider doing the following when surprise events arise and jeopardize your former spouse's visitation day:
  • Contact your former partner immediately upon learning of the event
  • Explain the situation and ask if he can incorporate the outing in his time spent with the kids
  • If your ex-spouse already has plans, then consider rescheduling the surprise occasion altogether
  • Tell your former partner if the event is mandatory and offer a sincere apology for the disruption
  • Offer your ex-spouse the opportunity to meet on a non-scheduled day to make up for the lost visitation day
You should never demand your ex-spouse surrender his day so that your plans with the kids can proceed. After all, you are technically infringing upon his right to spend quality time with his children.

Never Say Negative Things about Your Former Spouse Around the Kids

He may be a habitual liar who makes promises that he cannot keep, but your children don't need to know that. You should always serve as the mediator between your ex-partner and his children and encourage peace in all instances. Do not shed light on the fact that he promised to take them to Knott's Berry Farm but instead gave them a picnic at the local park when the kids are in the room. Such negativity presents him as someone who is unreliable, and the kids may begin losing trust.

It is your job as parents to act in a manner that is most befitting for your child's growth and development. Harmoniously co-parenting is the best way to help kids cope with the reality of a broken home after divorce.


About the Author:
David Pedrazas is a premier divorce and family law attorney in Salt Lake City, Utah. He graduated from the University of Utah Law School in 1997, and has been practicing for over 14 years in the areas of divorce, child support, child custody, paternity, alimony, property division, and parent time.

Law Office of David Pedrazas, PLLC
3325 South 1100 East
Salt Lake City, UT 84106
801-263-7078


Tuesday, January 31, 2017

3 Things to Know About Divorce Mediation in Utah

Mediation



It’s often stated that 50 percent of all marriages end in divorce, but the facts believe this assertion. According to statistics compiled under the auspices of the National Center of Health Statistics, the divorce rate in Utah declined from a rate of 5.1 per 1000 residents in 1990 to 3.1 in 2014. Nonetheless, with a current population of over 3,000,000, a great many people will sadly experience the emotional and financial trauma of marital dissolution. Let us at UtahDivorce.Biz explain how divorce mediation may be able to provide a better alternative to a traditional contested proceeding.

Mediation is not Adversarial and the Mediator does not Impose a Judgment

This may come as a surprise to many because the issues involved in a divorce can be very polarizing. However, the goal and tenor of mediation is to facilitate discussion and have you and your spouse work towards resolving the disagreements that exist. The mediator’s primary role is to do his or her best to ensure each party’s position is clear and understandable to the other, and the solution arrived at is one the makes sense to both.
In contrast, a contested divorce typically involves two attorney’s arguing for their respective clients’ individual interests with a judge imposing a resolution that more often than not fails to satisfy either spouse.

People Tend to be More Satisfied with Mediation Results

Although the great majority of divorces are based on no-fault grounds and the laws are fairly clear on how property is divided and on the matters of child custody and support, most participants in the mediation process report greater satisfaction than do those who experience the judicial process. In many cases, a similar result could be achieved in either process, but the key element in the divorcing spouses’ preference for mediation seems to be their level of involvement in the process.
In mediation, you actually get to speak and express your opinions, which can have an impact on the ultimate resolution. And the realization that the solution is one you agreed to and not one imposed upon you is empowering.

You Still can have an Attorney in Mediation

Legal representation and mediation are not mutually exclusive. Many couples initially try mediation without legal counsel and achieve a resolution on their own. Sometimes it is prudent to have an attorney present as the mediation draws to a conclusion to be certain nothing has been overlooked. And definitely, if your spouse has his or her lawyer present, you need yours there too.
Important legal rights are at stake as your marriage dissolves. Don’t let the cloud of emotions distract you from looking ahead to your future. Be certain you have the facts before you before you make any decisions.Law Office of David Pedrazas can explain your options and help you craft the best possible resolution for your individual circumstances. Contact us today; we’re here to help.


About  the Author:
David Pedrazas is a premier divorce and family law attorney in Salt Lake City, Utah. He graduated from the University of Utah Law School in 1997, and has been practicing for over 14 years in the areas of divorce, child support, child custody, paternity, alimony, property division, and parent time.


Law Office of David Pedrazas, PLLC
3325 South 1100 East
Salt Lake City, UT 84106
801-263-7078

Monday, October 17, 2016

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.

Monday, September 12, 2016

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.

Tuesday, August 16, 2016

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.