Family law is an area that Red Law has always been passionate about and has consistently delivered positive results for our clients. Our family law attorneys are knowledgeable across many areas of family law, including divorce, custody, paternity, guardianships, and more.
Not only will we handle all the administrative details, but we will represent you during any necessary litigation or courtroom appearances. Our goal is help you understand your rights, ensure your rights are protected, and to zealously advocate for your position.
In the state of Utah, a divorce starts by filing a Petition for Divorce outlining anything the court needs to address, such as child support, custody agreements, alimony, splitting of assets, and more. If each party can agree to the terms of their divorce, cases are usually wrapped up quickly (sometimes in as little as about 30 days)..
Challenging divorces come about when the parties cannot agree on terms for one or more items in the petition. These negotiations can be drawn out for months or years until the divorce is finalized.
When it comes to assets and debts, the state of Utah splits these equitably between parties. An equitable split factors in divorce-related elements such as alimony, each party’s income, the amount of debt each party holds, and occasionally the reason for the divorce. The court will weigh these items and then determine which party receives which assets and debts.
Alimony is provided based on a “needs-based” analysis in the state of Utah. If the parties were married for a lengthy period of time (sometimes considered seven years or more, but this time varies by case), the court reviews their expenses and income and then determines if one spouse does not have enough income to cover their reasonable expenses. If so, the court will take excess income from the other party to cover the other’s reasonable expenses. This is a simplified version of how alimony works, so always consult with an experienced family law attorney if you are navigating an alimony analysis.
Child custody can be broken down into two categories: legal and physical. Most people think of custody as physical custody or the amount of time a parent spends with their child (specifically the number of days they have the child overnight). A parent has joint physical custody anytime they have at least 111 overnights in a year with their child.
Equally important is legal custody, which is the ability for a parent to take part in discussions about their child’s well-being and have an impact on decisions that affect their child’s life.
The amount of child support paid or received in the state of Utah is based on the income of each party, the number of overnights they each have with the child, and the number of children parents have together. This information is entered into the Utah Child Support calculator, which tells each party what they need to pay or receive. The process can become a bit more complicated when one or both parents have fluctuating incomes.
Mediation is required in Utah for all divorce, custody, paternity, and modification cases before parents can go to trial. The goal is to facilitate negotiations that end in an agreeable outcome for both parties.
The benefit of mediation services is that there is more opportunity to explore options and negotiate personal matters efficiently and confidentially. Our experienced attorneys can help craft innovative and unique solutions for your family’s needs, providing you with more control over the end result of your case.
Red Law’s team of family law attorneys has built a reputation for empathy, strong advocacy, and transparency by helping many families navigate difficult situations. Contact us today to get started with your initial family law consultation.
"*" indicates required fields
Aggressive Representation: Our aggressive approach in the courtroom and in negotiations ensures that we obtain the best possible outcomes in every case.
"*" indicates required fields
