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Archive for the ‘General Family Law Posts’ Category

I just happened to run across this interesting article, “Best & Worst Times – Financially – to Split Up.”  Interesting thoughts, though I don’t necessarily agree with everything in the article (see my prior posts on those subjects).  

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The most common extra-marital asset or property that a spouse may receive  during the marriage is an inheritance from a spouse’s parent(s).  This asset is not treated as income like wages or other earnings earned during the marriage, in part, because the spouse did not receive the inheritance due to the receiving spouse’s efforts during the [...]

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The biggest difficulty in separating out each spouse’s property and/or debts from marital property, or the “marital estate,” is that most times spouses will commingle their property and/or debts during the marriage.  Unless a very clear accounting is kept making it clear that the intent of the spouses was to maintain the property or debt [...]

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Premarital property is that property that each spouse brings into the marriage, which is each their separate property and generally not considered part of the marital estate. As in all things legal, there are exceptions to the premarital property laws.  The biggest exceptions have to do with commingling of premarital property or debts with marital [...]

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Of late I have been contemplating a flurry of incoming phone calls from folks looking at getting a divorce or who have been served divorce court papers by their spouse.  It is no surprise that, given the current economy or not, cost is a huge concern for people, as it should be.  Costs to be [...]

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Divorce clients appropriately ask about how alimony is calculated.  In Utah, there is no specific formula for alimony as there is for child support.  The most accurate outline for how alimony is determined is the law itself, which can be found at http://le.utah.gov/~code/TITLE30/htm/30_03_000500.htm, specifically paragraph (8).  The application of the law to every case is [...]

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The life of litigation as it normally applies to a divorce case can be divided into three main phases: Initiation Phase, Discovery Phase, and Resolution Phase.

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Holidays are the most difficult times to deal with a divorce. Try to be aware of this and make sure you are occupied with friends and/or relatives.

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What does it mean when we say a divorce is contested? What it DOES mean is that there are provisions in the divorce petition that the parties don’t agree on. What it DOESN’T mean is that you can fight against there actually being a divorce.

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Divorce humor – The reason divorces are so expensive is that they are worth it

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