Family Law

Divorce ~ Modification ~ Separation ~ Annulment ~ Paternity
Grandparents' Rights ~ Prenuptial Agreements
Adoption ~ Guardianship

� Divorce (including issues of child custody, parent-time (visitation), division of martial property and debts, child support, and alimony)

� Modification of the existing decree of divorce to accommodate a change in circumstances (modify child support, alimony, custody, or visitation schedule in case of relocation)

� Separation

� Annulment of marriage

� Paternity proceedings

� Grandparents’ Rights

� Prenuptial (premarital) Agreements

� Adoption

� Guardianship

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Divorce
There are two types of divorce proceedings: contested and uncontested.

A divorce is uncontested if you and your spouse are able to agree on custody, child support, parent-time, alimony, property and debt division.

A divorce becomes contested if you and your spouse do not agree on any or all of these issues.

Utah has a mandatory mediation requirement where all contested divorce cases must be mediated first. A mediator is a neutral party who will help you and your spouse reach an agreement.

It is good to have an attorney representing you throughout mediation to assure that the agreement you reach is favorable to you, and that your legal rights are protected.
If mediation fails, a contested divorce is tried before the judge.

Child Custody
Utah recognizes two types of custodies: legal and physical. Joint legal custody means that divorced parents make joint decisions regarding important issues in their children’s lives. It also means that each parent has the right to access important records of the children, including medical and school records. In most cases, parents agree to have joint legal custody of the children. Joint legal custody does not affect the place where the children live.

Joint physical custody means that the children live in both homes. Such an arrangement usually works best when the divorced parents reside near each other and work well with each other in addressing the needs of the children.
Sole physical custody means that one parent is designated a primary physical custodian of the children. The children then reside in that parent’s home. The other parent is entitled to have parent-time with the children.
Split physical custody means that some children live with one parent and other children live with another parent. Each parent is then entitled to parent-time with the children who are not in his or her physical custody.

Parent-Time (Visitation)
The standard (or minimum) parent-time schedule for a non-custodial parent is found in Utah Code Annotated, Sections 30-3-35 and 30-3-35.5. However, the parents may agree to any parent-time arrangement and include it in their decree of divorce.
The non-custodial parent has a right to have parent-time with the children even if the non-custodial parent is not current on the child support. The court has the power to impose sanctions on the custodial parent for withholding visitation because of non-payment of child support by the non-custodial parent.

Division of Marital Property
The property that the spouses have acquired during the marriage is equitably (not but necessarily equally) divided by the court. The following circumstances are considered when dividing the property:
(1) the age and health of each party;
(2) the length of the marriage;
(3) the occupations of each party; and
(4) the amounts and sources of their income (including alimony payments).
The property that each spouse acquired prior to marriage or received by gift or inheritance during the marriage is a separate property of that spouse. Such property is not divided in divorce.

Division of Marital Debts
In most cases, the parties agree between each other who would pay the marital debts. If they do not agree, the court makes a decision usually based on who has the ability to pay the debts.
The notice is given to the creditors on who is responsible for the debt. However, the creditors are not required to honor the provisions of the decree concerning debt division. If the responsible spouse fails to pay, the creditors may still choose to pursue the other spouse.

Child Support
Utah has enacted Child Support Guidelines which determine the amount of child support. The amount depends on the number of children, type of custody, and gross monthly incomes of both parents. A court generally imputes a minimum wage to a parent who has no work history and has been stay-at-home parent for the duration of the marriage.
In addition to child support, the parents are required to maintain health insurance for the children. Each parent is responsible to pay one-half of the children’s premium and one-half of the uninsured medical expenses (including co-pays and deductibles) for the children.
The parties are also required to equally share work-related child care expenses.
Child support continues until the child is 18 and has completed high school.

Alimony
Either party irrespective of gender may request and be granted alimony. Alimony automatically terminates when a party cohabitates or remarries. Alimony may be awarded for the entire duration of the dissolved marriage. For example, if the parties were married for ten years, the court may award alimony payments for ten years.
The court may also award temporary alimony pending resolution of the divorce.
The court considers the following factors in awarding alimony:
(1) Financial condition and needs of the recipient spouse.
(2) The recipient’s earning capacity and ability to produce income.
(3) The ability of the payor spouse to provide support.
(4) The length of the marriage.
The court may also consider fault in determining whether alimony is appropriate.

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Modification
In some cases, it becomes necessary to modify decree of divorce after its entry.
Child support and alimony can be increased or decreased. The party asking for decrease or increase must show substantial change in circumstances justifying the change.

Child custody and parent-time arrangement may also be modified if the circumstances have substantially changed.

Property division can be modified only under very limited circumstances.
___________________________

Separation
Separation means that the parties live separately while still legally married to one another. The rights and duties of the parties are determined by a decree of separation. The decree usually addresses issues such as child support, child custody, spousal support, division of property, and division of debts.

To be able to file for legal separation, a spouse must be deserted by the other spouse.

If the parties later decide to get divorced, they must file a separate petition for divorce.
___________________________

Annulment
Annulment is a proceeding in which the marriage is treated as if it never happened. To file for annulment a party should be able to prove that the marriage was prohibited or void in the first place.
___________________________

Paternity
A paternity proceeding may be necessary to determine if a man is or is not a natural father of the child in question. Such proceeding may be conducted in connection with the parties’ divorce.

An adjudged natural father of the child has the right to parent-time and is obligated to pay child support unless the child has been adopted.
___________________________

Grandparents’ Rights
In 2002, the legislature amended the grandparents’ rights statute. Under current law, the decision of a parent to limit or stop grandparents from seeing grandchildren is presumed to be in the best interest of the children.

Grandparents may petition the court to override the decision of a parent. Grandparents must prove a combination of the following things to show that the parental decision is not in the best interest of the children:
(1) the grandparents are fit and proper to have visitations with the grandchildren;
(2) the parent denied or unreasonably limited visitation;
(3) the parent is unfit or incompetent;
(4) the grandparents acted as the child’s custodians or caregivers or had a substantial relationship with the grandchildren;
(5) the loss of that relationship is likely to harm the grandchildren;
(6) the parent of the child has been missing for an extended period of time;
(7) the visitation with grandparents is in the best interest of the children.

If visitation is granted, grandparents also have the right to enforce the visitation order against the non-complying parent.
___________________________

Prenuptial (premarital) Agreements
Prior to marriage, the parties may choose to enter into pre-marital agreement. Such agreement must be in writing.

By entering into pre-marital agreement, the parties usually agree on property division issues in case of divorce, alimony, life insurance benefits, and any other issues not in violation of public policy and criminal laws.

Pre-marital agreements cannot affect child support and health insurance coverage issues.

A pre-marital agreement is not enforceable against a party if a party entered into agreement involuntary and without sufficient knowledge of the financial affairs of the other party.
___________________________

Adoption
The following persons can adopt a child in Utah:
(1) adults legally married to each other (both should consent to adoption);
(2) a stepparent;
(3) any single adult.

Persons not legally married to one another may not adopt. In addition, an adopting adult should be at least 10 years older than the child being adopted.
___________________________

Guardianship
Guardianship is the relationship created by law between an adult and an unemancipated minor. Guardianship gives an adult a right to manage and control the life of a minor. A guardian has an obligation to make decisions in the best interest of the child.

A parent of a minor may appoint a guardian for a minor by will or other written document. The written document must be filed with the court along with the petition for appointment of a guardian.

All persons interested in the welfare of a minor are entitled to notice of the petition or probate proceedings involving a will. Such interested persons may object to the appointment of the guardian.

The statute specifies the rights and powers of the guardian. (Utah Code Annotated, Section 75-5-209). The parent then retains the residual parental rights.

For more information, contact Henderson Law offices at
(435) 713-0660

Or email: utoffice09 at hendersonlaw dot org

The information provided on this page is not intended as legal advice for a specific situation or client. If you need legal advice or would like additional information please call our office or consult a licensed attorney.


	Family Law Divorce ~ Modification ~ Separation ~ Annulment ~ Paternity Grandparents' Rights ~ Prenuptial Agreements Adoption ~ Guardianship � Divorce (including issues of child custody, parent-time (visitation), division of martial property and debts, child support, and alimony) � Modification of the existing decree of divorce to accommodate a change in circumstances (modify child support, alimony, custody, or visitation schedule in case of relocation) � Separation � Annulment of marriage � Paternity proceedings � Grandparents’ Rights � Prenuptial (premarital) Agreements � Adoption � Guardianship ___________________________ Divorce There are two types of divorce proceedings: contested and uncontested. A divorce is uncontested if you and your spouse are able to agree on custody, child support, parent-time, alimony, property and debt division. A divorce becomes contested if you and your spouse do not agree on any or all of these issues. Utah has a mandatory mediation requirement where all contested divorce cases must be mediated first. A mediator is a neutral party who will help you and your spouse reach an agreement. It is good to have an attorney representing you throughout mediation to assure that the agreement you reach is favorable to you, and that your legal rights are protected. If mediation fails, a contested divorce is tried before the judge. Child Custody Utah recognizes two types of custodies: legal and physical. Joint legal custody means that divorced parents make joint decisions regarding important issues in their children’s lives. It also means that each parent has the right to access important records of the children, including medical and school records. In most cases, parents agree to have joint legal custody of the children. Joint legal custody does not affect the place where the children live. *Joint physical custody* means that the children live in both homes. Such an arrangement usually works best when the divorced parents reside near each other and work well with each other in addressing the needs of the children. *Sole physical custody* means that one parent is designated a primary physical custodian of the children. The children then reside in that parent’s home. The other parent is entitled to have parent-time with the children. *Split physical custody* means that some children live with one parent and other children live with another parent. Each parent is then entitled to parent-time with the children who are not in his or her physical custody. Parent-Time (Visitation) The standard (or minimum) parent-time schedule for a non-custodial parent is found in Utah Code Annotated, Sections 30-3-35 and 30-3-35.5. However, the parents may agree to any parent-time arrangement and include it in their decree of divorce. The non-custodial parent has a right to have parent-time with the children even if the non-custodial parent is not current on the child support. The court has the power to impose sanctions on the custodial parent for withholding visitation because of non-payment of child support by the non-custodial parent. Division of Marital Property The property that the spouses have acquired during the marriage is equitably (not but necessarily equally) divided by the court. The following circumstances are considered when dividing the property: (1) the age and health of each party; (2) the length of the marriage; (3) the occupations of each party; and (4) the amounts and sources of their income (including alimony payments). The property that each spouse acquired prior to marriage or received by gift or inheritance during the marriage is a separate property of that spouse. Such property is not divided in divorce. Division of Marital Debts In most cases, the parties agree between each other who would pay the marital debts. If they do not agree, the court makes a decision usually based on who has the ability to pay the debts. The notice is given to the creditors on who is responsible for the debt. However, the creditors are not required to honor the provisions of the decree concerning debt division. If the responsible spouse fails to pay, the creditors may still choose to pursue the other spouse. Child Support Utah has enacted Child Support Guidelines which determine the amount of child support. The amount depends on the number of children, type of custody, and gross monthly incomes of both parents. A court generally imputes a minimum wage to a parent who has no work history and has been stay-at-home parent for the duration of the marriage. In addition to child support, the parents are required to maintain health insurance for the children. Each parent is responsible to pay one-half of the children’s premium and one-half of the uninsured medical expenses (including co-pays and deductibles) for the children. The parties are also required to equally share work-related child care expenses. Child support continues until the child is 18 and has completed high school. Alimony Either party irrespective of gender may request and be granted alimony. Alimony automatically terminates when a party cohabitates or remarries. Alimony may be awarded for the entire duration of the dissolved marriage. For example, if the parties were married for ten years, the court may award alimony payments for ten years. The court may also award temporary alimony pending resolution of the divorce. The court considers the following factors in awarding alimony: (1) Financial condition and needs of the recipient spouse. (2) The recipient’s earning capacity and ability to produce income. (3) The ability of the payor spouse to provide support. (4) The length of the marriage. The court may also consider fault in determining whether alimony is appropriate. ___________________________ Modification In some cases, it becomes necessary to modify decree of divorce after its entry. Child support and alimony can be increased or decreased. The party asking for decrease or increase must show substantial change in circumstances justifying the change. Child custody and parent-time arrangement may also be modified if the circumstances have substantially changed. Property division can be modified only under very limited circumstances. ___________________________ Separation Separation means that the parties live separately while still legally married to one another. The rights and duties of the parties are determined by a decree of separation. The decree usually addresses issues such as child support, child custody, spousal support, division of property, and division of debts. To be able to file for legal separation, a spouse must be deserted by the other spouse. If the parties later decide to get divorced, they must file a separate petition for divorce. ___________________________ Annulment Annulment is a proceeding in which the marriage is treated as if it never happened. To file for annulment a party should be able to prove that the marriage was prohibited or void in the first place. ___________________________ Paternity A paternity proceeding may be necessary to determine if a man is or is not a natural father of the child in question. Such proceeding may be conducted in connection with the parties’ divorce. An adjudged natural father of the child has the right to parent-time and is obligated to pay child support unless the child has been adopted. ___________________________ Grandparents’ Rights In 2002, the legislature amended the grandparents’ rights statute. Under current law, the decision of a parent to limit or stop grandparents from seeing grandchildren is presumed to be in the best interest of the children. Grandparents may petition the court to override the decision of a parent. Grandparents must prove a combination of the following things to show that the parental decision is not in the best interest of the children: (1) the grandparents are fit and proper to have visitations with the grandchildren; (2) the parent denied or unreasonably limited visitation; (3) the parent is unfit or incompetent; (4) the grandparents acted as the child’s custodians or caregivers or had a substantial relationship with the grandchildren; (5) the loss of that relationship is likely to harm the grandchildren; (6) the parent of the child has been missing for an extended period of time; (7) the visitation with grandparents is in the best interest of the children. If visitation is granted, grandparents also have the right to enforce the visitation order against the non-complying parent. ___________________________ Prenuptial (premarital) Agreements Prior to marriage, the parties may choose to enter into pre-marital agreement. Such agreement must be in writing. By entering into pre-marital agreement, the parties usually agree on property division issues in case of divorce, alimony, life insurance benefits, and any other issues not in violation of public policy and criminal laws. Pre-marital agreements cannot affect child support and health insurance coverage issues. A pre-marital agreement is not enforceable against a party if a party entered into agreement involuntary and without sufficient knowledge of the financial affairs of the other party. ___________________________ Adoption The following persons can adopt a child in Utah: (1) adults legally married to each other (both should consent to adoption); (2) a stepparent; (3) any single adult. Persons not legally married to one another may not adopt. In addition, an adopting adult should be at least 10 years older than the child being adopted. ___________________________ Guardianship Guardianship is the relationship created by law between an adult and an unemancipated minor. Guardianship gives an adult a right to manage and control the life of a minor. A guardian has an obligation to make decisions in the best interest of the child. A parent of a minor may appoint a guardian for a minor by will or other written document. The written document must be filed with the court along with the petition for appointment of a guardian. All persons interested in the welfare of a minor are entitled to notice of the petition or probate proceedings involving a will. Such interested persons may object to the appointment of the guardian. The statute specifies the rights and powers of the guardian. (Utah Code Annotated, Section 75-5-209). The parent then retains the residual parental rights. For more information, contact Henderson Law offices at (435) 713-0660 Or email: utoffice09 at hendersonlaw dot org The information provided on this page is not intended as legal advice for a specific situation or client. If you need legal advice or would like additional information please call our office or consult a licensed attorney.

Family Law

Divorce ~ Modification ~ Separation ~ Annulment ~ Paternity Grandparents' Rights ~ Prenuptial Agreements Adoption ~ Guardianship

Divorce ~ Modification ~ Separation ~ Annulment ~ Paternity
Grandparents' Rights ~ Prenuptial Agreements
Adoption ~ Guardianship