Unfortunately sometimes good marriages end badly. The family law attorneys at Pearson, Butler & Carson, PLLC, are committed to helping you get the custody or visitation you deserve and receiving the child support that you deserve or are not overpaying more than what is required for your child support.
Our Utah family law lawyers include divorce attorneys and mediators who handle various types of divorces, from uncontested “friendly” divorces to very serious divorce matters requiring parental right terminations. Our family law legal team works in conflict resolution to help keep your divorce at as low of financial and emotional cost as possible.
We strive to protect your clients rights and resolve the necessary items while at the same time encouraging the divorcing spouses to maintain as much control as possible over their agreements.
Family Law Services at PEARSON BUTLER Law
First, we want you to hear some good news. There is a very strong probability that most of you will not have to go through the anguish and expense of a full-blown divorce trial. At the same time, you can expect that you will have to move forward as though you were headed in the direction of trial even while your attorney is actively engaged in attempting to negotiate a favorable settlement. We sincerely hope that we can reach a settlement that all parties can agree to. You obtain an uncontested divorce when both parties have agreed on all divorce related issues such as spousal support, division of marital assets, child custody and parenting time, child support, health insurance and life insurance.
Utah Child Custody Lawyer
In the heat of a divorce battle, parents who are usually rational, often lose touch with what should matter most in their life – their children. Unfortunately, many estranged husbands and wives are so bent on emotional revenge or on protecting their assets, that they quickly forget that it is inappropriate to use innocent children in their quest for victory and vindication. We ask you to mentally separate property from custody of children as you go through this process. Your children have feelings, hopes, desires, and–in most cases–love for both parents. Please remember them as you proceed through the divorce.
When parties separate, financial responsibilities and obligations can be overwhelming. The separation may lead to two separate mortgage or lease payments, two separate utility payments, questions over medical coverage, school and clothing budgets, and spousal support obligations. The financial pressures can lead to higher levels of stress on both parties. Child support obligations are set by Utah statute and should be reviewed with a Utah family law lawyer or divorce attorney.
Married parties generally may enter into an agreement, provided that the agreement is in writing, subscribed by the parties, and notarized that describes the legal separation of the parties.It may also include provisions for the ownership division or distribution of separate and marital property; and provisions relating to the amount and duration of maintenance, provided that the terms were fair and reasonable at the time of the making of the agreement, and are not unconscionable at the time of entry of the final judgment. Thus, the separation agreement permits the parties without the direct intervention of the court to arrive at a settlement that they deem most appropriate for their individual circumstances.
A Prenuptial Agreement is, as the name implies, an agreement that is entered into in contemplation of marriage. There are many reasons why a couple may wish to have a prenuptial. This may be a second marriage where one party has children from a prior marriage and wishes to preserve assets for them. One of the parties may anticipate receiving a substantial inheritance or an interest in a family business, which they wish to preserve without pressure from the future spouse to make the property joint. One may simply be concerned about becoming involved in costly litigation in the event of a divorce.
In divorce mediation a neutral and trained third party helps the disputing spouses arrive at a mutually acceptable final settlement of their own design. In general, agreements made during mediation are embodied in a Memorandum of Understanding, which form the basis for the parties’ attorneys to prepare a Separation Agreement. The Separation Agreement is then incorporated into the Divorce. Unlike an arbitrator, a mediator has no decision-making powers. Furthermore, he/she cannot compel the parties to accept a particular settlement – or even to continue mediating their differences. His/her role is essentially that of a facilitator. When parties enter into mediation, they implicitly agree to replace their lack of trust in one another with a mutual confidence in the mediator’s ability to help them reach a fair and mutually acceptable agreement. See “When is Utah Divorce Mediation Mandatory?”
When parties contemplate divorce, a key ingredient to the discussion is financial. Many parties who struggle to make ends meet as a couple find it nearly impossible separate. Creditors are not required to follow the judicial decree about separation of debts. You may find that after a divorce, your ex-spouse’s creditors start hounding you; or, the debts your ex was “ordered” to pay are not getting paid and it’s reflecting negatively on your credit. Bankruptcy can significantly assist parties and remove debts prior to, during, or after divorce. Our Utah Bankruptcy Attorneys are experienced in helping make a difficult transition easier. Contact them today.
Contact a Utah Family Lawyer
If you or a loved one would like to learn more about family law matters, contact one of our Utah Family Lawyers today at (801) 495-4104.