How Do I Find Out When My Divorce Is Final?

How Do I Find Out When My Divorce Is Final?

Yesterday I received this question: How Do I Find Out When My Divorce Is Final?

Good question, I responded: When did you file for divorce?

The response came: Well, I think my ex filed a few years ago.

“Alright” I replied, “Do you know your case number?”

No.

Let’s search by name then – … we searched by name and we couldn’t find her case. We tried dates of birth and we tried her ex’s name. Nothing came up. I asked her if she had ever seen divorce papers. She said she thought she had, but her ex told her he was taking care of it. I had her contact her ex, get a case number and call me back.

Long story shorter – he had never filed for divorce!

Can you believe it!

Yup, it’s true. She thought they had been divorced for at least 2 years, but nothing was ever filed with the court.

Now, if you are sure that a divorce case was filed and you have a case number, an attorney can easily look up your case and find out what the status of the case is. We simply log into the court’s system here in Utah and we search by the case number and we can pull up the court docket and we can tell you what has happened in the case.

If you want to know when your case was finalized, we could look up that too, but we can’t get you certified copies of court papers and, unless we represent you, we can’t even look at the court papers because they are private records.

If you retain us as your lawyers, we can pull up all of the paperwork on your case and get you copies of your divorce decree, modifications, temporary orders or whatever the case maybe.

I share this story because I want you to know that if your spouse moves out and tells you they are filing for divorce, you ought not believe it until you receive divorce papers.

If you do receive divorce papers, you should contact our office to discuss how to move forward in your divorce case so that you can do exceptionally well.

So whether you have a contested case or an uncontested case, we are happy to assist you.

Call us when you need help or have questions.

Family Law Attorney Salt Lake City Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

source http://lawyerdivorceutah.com/2017/01/31/how-do-i-find-out-when-my-divorce-is-final/

Do I have to take the divorce education and orientation class?

Do I have to take the divorce education and orientation class?

This is a great question.

Why do you have to attend a divorce education class when filing for divorce in Utah?

Well, the courts have determined after reviewing several studies that parents need to understand how to navagate the divorce process with children around.

Oftentimes, the children of a divorced couple can suffer negative unintended consequences from a divorce. For example, when I was a kid, I had a good friend whose parents got divorced. It was devastating to him. He literally thought that the divorce was his fault.

Think about that for a minute. My friend thought that his parents were getting divorced because of him. Because he thought he was such a horrible kid that his parents were divorcing. How wrong is that?

The divorce orientation and education class in Utah is important. You need to know how to set boundaries and educate your children in such a way that they will be alright. They need to be able to cope and love both their mom and their dad. Children shouldn’t be required to choose one parent over another — even if one parent is to blame and the other isn’t.

The best thing for you to do is love your kids and don’t involve them in the divorce process.

Take the divorce education class.

The link is here –

https://www.utcourts.gov/specproj/dived/

Now that you’ve got the link – check out the calendar on the official court website and go take the class. It’s required so you’ve got to do it if you have minor children.

Once it’s done, make sure you tell your attorney so that they are aware — they need you to do that if you want to receive any affirmative relief from the court, like filing a motion for temporary orders or something like that.

I hope this post has been helpful.

If you need more information on divorce in Utah, give us a call – we’d be honored to assist you with your case.

Until next time –

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5507

source http://lawyerdivorceutah.com/2017/01/27/do-i-have-to-take-the-divorce-education-and-orientation-class/

Can You Date While You’re In The Middle of a Divorce?

can you date while you’re in the middle of a divorce

Can You Date While You’re In The Middle of a Divorce?

This was the question I received yesterday.

I understand why someone would bring this up. I mean, if you have already mentally checked out of your marriage and you have no intention of reconciliation, then you are probably looking for someone to be your new companion. All of us, have a built-in instinct (at least I believe we all do), that makes us want to have a companion or someone to share our lives with. We want to be with someone who loves and cares for us, who makes us happy.

Is during divorce the right time to do it?

That is up to you.

So, there is no law that I am aware of that prohibits you from talking to a member of the opposite sex (or the same sex) while your in divorce. In fact, I know many of our clients have dated during their divorce. It is always best to be up front with these people and to tell them the truth so that they are aware of your situation. You surely don’t want to deceive another.

At the same time, I wouldn’t advise you to go live with a girlfriend or boyfriend until the divorce has been finalized. Remember, if you are being sued for divorce on the grounds of adultery, then this could be used as evidence against you in court. After all, you are married until the judge signs your decree of divorce.

Remember, every case is different. If your soon to be ex-spouse finds out, will he or she contact their lawyer and make a huge deal about it, causing you additional stress and financial costs with more acrimony and fighting in court? If so, be careful he or she does not find out. I would also advise you to do this AFTER you have physically separated and are living apart.

It’s not illegal.

Every situation is different.

If you still have questions, please give us a call.

I hope to help you in your divorce case.

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

Jeremy Eveland

source http://lawyerdivorceutah.com/2017/01/20/can-you-date-while-you-re-in-the-middle-of-a-divorce/

Should We Get Divorced Before Or After We File For Bankruptcy?

First let me remind you readers that each case is different. Although I try to set forth good information here, you really should call us for a free consultation because each situation is different.

As you probably know by now if you’ve been reading our blog, divorce is financially devastating. Even if you “get along” in your divorce.

bankruptcy and divorce in utah

I usually hear from potential clients about 2 years after their divorce is finalized to file for bankruptcy.

I always say the same thing, “You should’ve done this bankruptcy as part of your divorce.”

The reason why is simple: you only pay for bankruptcy once instead of twice.

Once the divorce is finalized, you have to file 2 bankruptcies instead of one!

That being said, if you are planning on getting divorced and also need to file bankruptcy, you probably want to file a chapter 7 (if you qualify) together BEFORE your divorce is finalized.

You can both file for bankruptcy while you are in the middle of your divorce case.

I understand that doesn’t always happen.

I understand you might not be able to stand your spouse and that’s why you’re getting divorced. So sometimes this doesn’t work.

Let’s discuss the 2 main types of bankruptcies that we do for clients while they are in divorce.

Chapter 7 Bankruptcy:

Low Income– If your joint income is low enough to qualify for a chapter 7 together, then file it before your divorce is finalized. Your joint bankruptcy will only result in paying attorney’s fees once and paying the court filing fee once.

High income– If your joint income disqualifies you for a joint chapter 7, then wait until you are divorced, or at least physically separated and on the road to divorce. If your separate incomes are each low enough to qualify for separate chapter 7 bankrutpcies, then file individual or separate cases. You’re paying twice the attorney’s fees and twice the filing fees, but it’s still cheaper than a chapter 13.

Chapter 13 Bankruptcy:

If you file a joint chapter 13 and then file for divorce; then, odds are pretty good that your attorney will have to withdraw as counsel, and then you will have to either file 2 new chapter 13 cases or bifurcate your case and each pay separate chapter 13 plans.

Your attorney will probably have to withdraw because you have created a nearly impermissible conflict of interest for him, and he can not represent both of you fairly.

Sometimes, your attorney may still be able to represent both of you in the bankruptcy case, but it’s really fact specific. You should call us to discuss your specific circumstances so we can decide what is the best course of action for you.

Our office has filed hundreds and hundreds of bankruptcies over the years and hundreds of divorce cases – so we know about these areas of law really well.

You want to make sure that your attorney knows what they are doing and have gone through both types of cases before, or you could be ill-advised.

Hope that helps.

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876-5875

SEO by Jeremy Eveland

source http://lawyerdivorceutah.com/2017/01/17/should-we-get-divorced-before-or-after-we-file-for-bankruptcy/