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Divorce Attorney

Provo and Salt Lake Law Firm

There are several areas of concern when performing legal services for a divorce for a client. The years of the marriage will calculate for a consideration of alimony to be paid by the primary breadwinner of the marriage to help raise the incomes to a more equal level. Defenses to alimony sometimes occur where the party seeking alimony has committed adultery which matter is given some consideration by the courts for determining which party is a fault for the divorce.


Family Law

Children and Divorce

Children are given considerable attention in the divorce court raising issues of which party will be the custodial parent and what the visitation of the other parent will be including holidays and summer vacation time with each parent.  A parenting plan is often enforced to ensure the parties will be civil to each other especially in front of the children.  Child support is also a consideration usually determined by a child support calculator giving the incomes of the parties, over nights each party will have with the child(ren) and if there are any other supported children of one of the parties.  If there are no minor children of the parties divorce will be less expensive as requirements of final pleadings will be less than otherwise would occur.  Imputed income of $1280 will be calculated for a parent earning less than that. 

The parties will normally equally share cost of medical and dental insurance for the minor children as well as any incurred cost for day care.

Property settlement includes disposition of any marital real property which may be done in several ways.  Sale of residence and splitting of equity between the parties is common.  One party keeping the premises and refinancing and paying the other parties’ equal share of equity also occurs.  Disposition of personal property of the marriage such as division of vehicles and furniture, etc., often occurs by agreement at mediation.

Mediation Before Trial

Mediation between the parties for potential resolution of issues by agreement is a court requirement before allowance of certifying the matter ready for trial.  This is where a third party experienced in family law goes between one party and his or her counsel for their offer of settlement and then taking that offer to the other party and counsel to relay and obtain a counter offer and going back and forth and ultimately both parties coming to agreement for resolution of divorce issues without going to trial   Concessions need to be made by both parties to come to resolution.  This is much less expensive in legal fees for trial and provides a settlement that both parties have agreed to rather than a surprise outcome rendered by the court.

Trial is the ultimate resolution if mediation does not succeed.