#incoming: mediator-cb
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36, 55, 76 - Minju (mediator-cb)
36. Do you like car sex?
Yes: Jangjun, Sungyoon
No: Sanha
Indifferent: Moonbin
55. How long is “too long” to have sex?
JANGJUN. No such thing, as long as everyone is having fun!
SANHA. If I’m excluding foreplay then like 20-30 minutes. Including foreplay then like 1.5 hours? I’d call absolute max out at 2 hours though, that’s kind of ridiculous
76. Would you take part in an orgy?
SUNGYOON. I have before so yeah I guess.
MOONBIN. Eeeeh, maybe once for the hell of it but not really my interest
Inappropriate asks // @mediator-cb
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Does It Matter Who Files For Divorce First In Utah?
Ultimately it does not matter.
When marriages begin to fall apart, most spouses know that something is wrong. However, many spouses are hesitant to be the first one to file for divorce. Some are unsure about whether divorce is really the solution, others may wonder if they are being hasty and still others may just not know how to proceed. While people’s hesitation to file divorce is understandable, people considering divorce should be aware of the potential benefits that accompany being the first spouse to file for divorce.
Financial Benefits of Filing For Divorce First
Being the first spouse to file divorce means that a person can begin the proceedings at a time when he or she is financially prepared to do so. A person would have had time to collect copies of all important legal documents, such as deeds, bank and investment account statements, wills, life insurance policies, social security cards, titles to property. They will need these papers as part of the property division process, and it may be more difficult to obtain copies after the divorce starts. Also, a person can assess the family finances and determine the extent of their assets and debts, so they will have an accurate idea of what will be divided in the property division. People filing for divorce first also have the advantage of doing so after they have ensured that they have access to money and credit to meet their needs during the divorce process.
youtube
Possible Legal Benefits Of Filing First
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. Such an order prevents either spouse from making changes to beneficiaries on policies such as life insurance or retirement accounts, selling, borrowing against or transferring property, changing bank accounts and other similar financial moves. This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce. In situations where spouses have lived apart from each other for a substantial period of time, possibly great distances from each other, filing the divorce petition first can prevent having to conduct matters related to the divorce far away from where a person lives.
If the matter should go to a hearing, the person who files the petition usually presents his or her case first. This can be a drawback for a spouse if he or she does not wish to reveal his or her strategy to the other spouse. The other spouse then has the opportunity to adjust the presentation of his or her case after seeing the other side.
youtube
Advantages of Filing First
If you file the initial Utah divorce petition, the court considers you to be the petitioner. Being the petitioner can be beneficial for several reasons:
• You don’t have to scramble to select a divorce attorney in time to file a response.
• You get to choose a convenient start time and establish deadlines for the case.
• You have time to prepare for the financial costs of divorce.
• You may have more of an opportunity to protect community assets.
• You won’t have to worry about your spouse stalling the divorce.
Advantages of Being the Respondent
If your spouse serves you with divorce papers, you’re the respondent. While playing this role may not have as many obvious advantages, being the respondent can be beneficial because:
• You have a chance to review your spouse’s requests before making decisions.
• Your divorce attorney can build an effective strategy based on the petition.
youtube
• You save money on filing fees and, in some cases, on service fees. If you’re the respondent, you need to seek out legal counsel as soon as you’re served. You only have 21 days to respond if you were served in Utah, or 30 days if you were served outside of the state. If you fail to file a response within that time, the court may grant a default judgment, giving your spouse exactly what they have requested. Many people want to file first, but there are no consequences to being the respondent. Both parties in a Utah divorce are equal in the eyes of the law, and both have the opportunity to present their case. In the end, it won’t matter whether you’re the petitioner or respondent. Your Utah divorce attorney will be on your side, fighting for your rights and working to achieve the best possible outcome. If your marriage is over and you’re ready to file for divorce, having a skilled advocate in your corner is far more important than being the first to the courthouse.
The Divorce Process
youtube
A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.
Serving the Divorce Petition
The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.
Divorce Petition Response
The other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.
Final Steps of a Divorce
Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.
What is an Uncontested Divorce?
If you and your spouse are worried about expensive, protracted court hearings, you can probably relax. According to CBS News, only about 5% of cases ever make it to trial. Other sources cite the number as being less than 5%. While estimates vary depending on who you ask, it’s easy to see what they all share in common: they’re tiny. Even in the worst case scenario, the likelihood of going to trial is minimal. That being said, it’s certainly not unheard-of. The good news is that the course your divorce follows is largely up to you and your spouse. In order to understand why, you have to have a general understanding of the Utah divorce process.
First, the petitioner files a complaint (petition) for divorce, which initiates the legal process. The spouse on whom the petition is served is known as the respondent. Once the respondent has been served with divorce papers, he or she has just 21 days to file an answer. (Out-of-state respondents have 30 days.) The nature of the respondent’s answer can set the divorce down a few different paths:
youtube
• If the respondent fails to file an answer within the allotted time period, then the petitioner can ask the judge to grant a default judgment. Ignoring divorce papers will not stop the divorce from happening; it will simply strip the respondent of his or her legal ability to challenge the petitioner’s demands.
• If the respondent agrees to everything in the complaint, including requests for alimony and/or child support payments, then the divorce is uncontested. If a divorce is uncontested, you can move ahead with the divorce process by filing the appropriate forms. However, even if you and your spouse are able to agree on the petitioner’s proposals regarding division of property, child support, and so forth, it is prudent to retain a family law attorney to ensure the proper and timely filing of legal documents. Some of the documents you will need to file include:
• Acceptance of Service • Affidavit • Certificate of Divorce, Dissolution of Marriage, or Annulment • Financial Declaration • Stipulation • Summons • If the respondent disagrees with something in the complaint – for example, he or she wants to fight for sole custody instead of agreeing to joint custody – then the divorce is contested.
Even if aspects of the divorce are being disputed, it still doesn’t mean that trial is inevitable or even necessary. If you and your spouse initially disagree on how matters like custody, alimony, and division of property should be handled, then you will be sent to mandatory mediation. Mediation is not like litigation (going to court). In litigation, the parties stand in opposition to one another, and each party seeks a different outcome. A judge presides over the trial, and renders a judgment based on the facts which are presented. If the court’s orders aren’t obeyed for instance, if a spouse stops paying child support, rather than trying to have the terms of the support order modified then the non-compliant person is in contempt of court and can be fined and jailed. In mediation, a qualified mediator works with both parties to help them come to a resolution that both people can agree on. While mediation isn’t always effective, it does have several distinct advantages over litigation: it tends to be quicker, less expensive, and less formal. Plus, because mediation is inherently less adversarial than litigation, it can be desirable for divorcing spouses who want to stay on good terms for the sake of their children. Trial is essentially a last resort, the final method of resolving the disagreements between you and your spouse. If mediation fails to solve your disputed matters, it will become necessary to go to trial before a judge. You and your spouse are not officially divorced until the judge grants the final divorce decree. However, even at this stage, either party may appeal if he or she disagrees with some aspect of the judge’s decision. The notice of appeal must be filed within 30 days of the decree’s entry.
Divorce in Utah
If you enter into marriage under the age of 20 and/or have an income of less than 25,000, your risk of divorce skyrockets. Throw in a spouse losing their job or a surprise pregnancy, and your marriage may be doomed before it begins. Here in Utah, we have a tendency to marry quite young. The median age of marriage in the United States is 27 for women and 29 for men. Now compare that to the average age of marriage in Utah, which is 24 for women and 26 for men.
Utah’s divorce rates run slightly higher than the national average. Statistics often attribute this to Utah having larger families than the national average, citing more than 5% of families have 7+ family members compared to the 3.25 national averages (2013).
Utah Requires Divorcing Couples to Attend a Divorce Education Class Utah legislators have created a mandatory divorce orientation course that couples must complete. Your divorce cannot be finalized until both you and your significant other have completed the course. You are only required to take the divorce education class if there are minor children involved. The one-time class reviews resources for custody and child support issues, clarifies the divorce process, and consequences of divorce.
The news that you are getting divorced has spread through your church, neighborhood, and/or workplace, and we are a curious species. Don’t be surprised when people you barely know ask you why you the nitty-gritty on why you are getting divorced. There is much guilt and regret present in nearly every divorce. You may easily blame yourself because you run through all the things you could have done differently, because your children blame you, or you may feel guilty simply because you were the one who filed the divorce papers. This is normal!! Make a choice to move forward, and take care of yourself. Throughout the divorce process you will have good days and bad days. Feeling guilty or overwhelmed does not mean that you should give the other spouse everything. Doing so will probably not lessen the grief on either side, and you are still entitled to half of everything. Additionally, people may want to tell you their divorce horror stories. Please remember that every situation is different, and you shouldn’t let someone else’s negative experience stress you out. When you are feeling stressed, rely on professional advice from your family law attorney, mental health counselor, or financial advisor as they are qualified to give you answers pertaining to your specific situation.
Parenting after Divorce May Become More Difficult
There will be many disagreements maybe not fair or logical ones. There may be pain when you refer to your ex as “mommy” to your kids, however that is her name to them, and you need to be the adult about it. No matter what age your kids are, please practice high levels of self-control and not bad mouth the other parent in front of your children. You may think with the other spouse out of the picture, that you can make all parenting decisions by yourself. If you’re granted sole legal custody, then you can make major decision about the kid(s) by yourself. Having sole physical custody simply means that you are the parent the kid(s) live with. Make a choice to try to co-parent as best you can. If you can’t get along, you may need to have separate birthdays, and the more times in your kids’ lives you are going to miss out on. Just because you are divorced, doesn’t mean that you have to be enemies.
If the Utah Divorce Decree is Violated, There can be Serious Consequences. Once the court has ruled and the papers have been signed, both parties are bound to the terms set forth in the divorce decree. Violating any part of the agreement may put the violator in contempt of court, and your family law attorney can help you file a contempt motion. The most common divorce violations are non-payment of child support, not complying with the visitation schedule, withholding visitation, and non-payment of alimony. If your ex does not bring the kids back at the time set forth in the divorce decree, the police will not help you bring them back unless there is an immediate threat to them. What the police will do is come to your house and makes a record of “visitation interference,” which your family law attorney can use as evidence in a contempt hearing. In your court hearing you must be able to state what areas of the decree have been violated, and the burden of proof always lies with the accuser. If you are found in contempt, the violator may be given a period of time to correct the issue or they may face jail time until the matter is resolved. If you ex is not paying alimony or child support due to unemployment, you can’t make your spouse pay if they do not bring in an income, however, past due child support will accrue.
Free Consultation with Divorce Lawyer in Utah
If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
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from Michael Anderson https://www.ascentlawfirm.com/does-it-matter-who-files-for-divorce-first-in-utah/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/614070116330733568
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Does It Matter Who Files For Divorce First In Utah?
Ultimately it does not matter.
When marriages begin to fall apart, most spouses know that something is wrong. However, many spouses are hesitant to be the first one to file for divorce. Some are unsure about whether divorce is really the solution, others may wonder if they are being hasty and still others may just not know how to proceed. While people’s hesitation to file divorce is understandable, people considering divorce should be aware of the potential benefits that accompany being the first spouse to file for divorce.
Financial Benefits of Filing For Divorce First
Being the first spouse to file divorce means that a person can begin the proceedings at a time when he or she is financially prepared to do so. A person would have had time to collect copies of all important legal documents, such as deeds, bank and investment account statements, wills, life insurance policies, social security cards, titles to property. They will need these papers as part of the property division process, and it may be more difficult to obtain copies after the divorce starts. Also, a person can assess the family finances and determine the extent of their assets and debts, so they will have an accurate idea of what will be divided in the property division. People filing for divorce first also have the advantage of doing so after they have ensured that they have access to money and credit to meet their needs during the divorce process.
youtube
Possible Legal Benefits Of Filing First
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. Such an order prevents either spouse from making changes to beneficiaries on policies such as life insurance or retirement accounts, selling, borrowing against or transferring property, changing bank accounts and other similar financial moves. This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce. In situations where spouses have lived apart from each other for a substantial period of time, possibly great distances from each other, filing the divorce petition first can prevent having to conduct matters related to the divorce far away from where a person lives.
If the matter should go to a hearing, the person who files the petition usually presents his or her case first. This can be a drawback for a spouse if he or she does not wish to reveal his or her strategy to the other spouse. The other spouse then has the opportunity to adjust the presentation of his or her case after seeing the other side.
youtube
Advantages of Filing First
If you file the initial Utah divorce petition, the court considers you to be the petitioner. Being the petitioner can be beneficial for several reasons:
• You don’t have to scramble to select a divorce attorney in time to file a response.
• You get to choose a convenient start time and establish deadlines for the case.
• You have time to prepare for the financial costs of divorce.
• You may have more of an opportunity to protect community assets.
• You won’t have to worry about your spouse stalling the divorce.
Advantages of Being the Respondent
If your spouse serves you with divorce papers, you’re the respondent. While playing this role may not have as many obvious advantages, being the respondent can be beneficial because:
• You have a chance to review your spouse’s requests before making decisions.
• Your divorce attorney can build an effective strategy based on the petition.
youtube
• You save money on filing fees and, in some cases, on service fees. If you’re the respondent, you need to seek out legal counsel as soon as you’re served. You only have 21 days to respond if you were served in Utah, or 30 days if you were served outside of the state. If you fail to file a response within that time, the court may grant a default judgment, giving your spouse exactly what they have requested. Many people want to file first, but there are no consequences to being the respondent. Both parties in a Utah divorce are equal in the eyes of the law, and both have the opportunity to present their case. In the end, it won’t matter whether you’re the petitioner or respondent. Your Utah divorce attorney will be on your side, fighting for your rights and working to achieve the best possible outcome. If your marriage is over and you’re ready to file for divorce, having a skilled advocate in your corner is far more important than being the first to the courthouse.
The Divorce Process
youtube
A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.
Serving the Divorce Petition
The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.
Divorce Petition Response
The other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.
Final Steps of a Divorce
Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.
What is an Uncontested Divorce?
If you and your spouse are worried about expensive, protracted court hearings, you can probably relax. According to CBS News, only about 5% of cases ever make it to trial. Other sources cite the number as being less than 5%. While estimates vary depending on who you ask, it’s easy to see what they all share in common: they’re tiny. Even in the worst case scenario, the likelihood of going to trial is minimal. That being said, it’s certainly not unheard-of. The good news is that the course your divorce follows is largely up to you and your spouse. In order to understand why, you have to have a general understanding of the Utah divorce process.
First, the petitioner files a complaint (petition) for divorce, which initiates the legal process. The spouse on whom the petition is served is known as the respondent. Once the respondent has been served with divorce papers, he or she has just 21 days to file an answer. (Out-of-state respondents have 30 days.) The nature of the respondent’s answer can set the divorce down a few different paths:
youtube
• If the respondent fails to file an answer within the allotted time period, then the petitioner can ask the judge to grant a default judgment. Ignoring divorce papers will not stop the divorce from happening; it will simply strip the respondent of his or her legal ability to challenge the petitioner’s demands.
• If the respondent agrees to everything in the complaint, including requests for alimony and/or child support payments, then the divorce is uncontested. If a divorce is uncontested, you can move ahead with the divorce process by filing the appropriate forms. However, even if you and your spouse are able to agree on the petitioner’s proposals regarding division of property, child support, and so forth, it is prudent to retain a family law attorney to ensure the proper and timely filing of legal documents. Some of the documents you will need to file include:
• Acceptance of Service • Affidavit • Certificate of Divorce, Dissolution of Marriage, or Annulment • Financial Declaration • Stipulation • Summons • If the respondent disagrees with something in the complaint – for example, he or she wants to fight for sole custody instead of agreeing to joint custody – then the divorce is contested.
Even if aspects of the divorce are being disputed, it still doesn’t mean that trial is inevitable or even necessary. If you and your spouse initially disagree on how matters like custody, alimony, and division of property should be handled, then you will be sent to mandatory mediation. Mediation is not like litigation (going to court). In litigation, the parties stand in opposition to one another, and each party seeks a different outcome. A judge presides over the trial, and renders a judgment based on the facts which are presented. If the court’s orders aren’t obeyed for instance, if a spouse stops paying child support, rather than trying to have the terms of the support order modified then the non-compliant person is in contempt of court and can be fined and jailed. In mediation, a qualified mediator works with both parties to help them come to a resolution that both people can agree on. While mediation isn’t always effective, it does have several distinct advantages over litigation: it tends to be quicker, less expensive, and less formal. Plus, because mediation is inherently less adversarial than litigation, it can be desirable for divorcing spouses who want to stay on good terms for the sake of their children. Trial is essentially a last resort, the final method of resolving the disagreements between you and your spouse. If mediation fails to solve your disputed matters, it will become necessary to go to trial before a judge. You and your spouse are not officially divorced until the judge grants the final divorce decree. However, even at this stage, either party may appeal if he or she disagrees with some aspect of the judge’s decision. The notice of appeal must be filed within 30 days of the decree’s entry.
Divorce in Utah
If you enter into marriage under the age of 20 and/or have an income of less than 25,000, your risk of divorce skyrockets. Throw in a spouse losing their job or a surprise pregnancy, and your marriage may be doomed before it begins. Here in Utah, we have a tendency to marry quite young. The median age of marriage in the United States is 27 for women and 29 for men. Now compare that to the average age of marriage in Utah, which is 24 for women and 26 for men.
Utah’s divorce rates run slightly higher than the national average. Statistics often attribute this to Utah having larger families than the national average, citing more than 5% of families have 7+ family members compared to the 3.25 national averages (2013).
Utah Requires Divorcing Couples to Attend a Divorce Education Class Utah legislators have created a mandatory divorce orientation course that couples must complete. Your divorce cannot be finalized until both you and your significant other have completed the course. You are only required to take the divorce education class if there are minor children involved. The one-time class reviews resources for custody and child support issues, clarifies the divorce process, and consequences of divorce.
The news that you are getting divorced has spread through your church, neighborhood, and/or workplace, and we are a curious species. Don’t be surprised when people you barely know ask you why you the nitty-gritty on why you are getting divorced. There is much guilt and regret present in nearly every divorce. You may easily blame yourself because you run through all the things you could have done differently, because your children blame you, or you may feel guilty simply because you were the one who filed the divorce papers. This is normal!! Make a choice to move forward, and take care of yourself. Throughout the divorce process you will have good days and bad days. Feeling guilty or overwhelmed does not mean that you should give the other spouse everything. Doing so will probably not lessen the grief on either side, and you are still entitled to half of everything. Additionally, people may want to tell you their divorce horror stories. Please remember that every situation is different, and you shouldn’t let someone else’s negative experience stress you out. When you are feeling stressed, rely on professional advice from your family law attorney, mental health counselor, or financial advisor as they are qualified to give you answers pertaining to your specific situation.
Parenting after Divorce May Become More Difficult
There will be many disagreements maybe not fair or logical ones. There may be pain when you refer to your ex as “mommy” to your kids, however that is her name to them, and you need to be the adult about it. No matter what age your kids are, please practice high levels of self-control and not bad mouth the other parent in front of your children. You may think with the other spouse out of the picture, that you can make all parenting decisions by yourself. If you’re granted sole legal custody, then you can make major decision about the kid(s) by yourself. Having sole physical custody simply means that you are the parent the kid(s) live with. Make a choice to try to co-parent as best you can. If you can’t get along, you may need to have separate birthdays, and the more times in your kids’ lives you are going to miss out on. Just because you are divorced, doesn’t mean that you have to be enemies.
If the Utah Divorce Decree is Violated, There can be Serious Consequences. Once the court has ruled and the papers have been signed, both parties are bound to the terms set forth in the divorce decree. Violating any part of the agreement may put the violator in contempt of court, and your family law attorney can help you file a contempt motion. The most common divorce violations are non-payment of child support, not complying with the visitation schedule, withholding visitation, and non-payment of alimony. If your ex does not bring the kids back at the time set forth in the divorce decree, the police will not help you bring them back unless there is an immediate threat to them. What the police will do is come to your house and makes a record of “visitation interference,” which your family law attorney can use as evidence in a contempt hearing. In your court hearing you must be able to state what areas of the decree have been violated, and the burden of proof always lies with the accuser. If you are found in contempt, the violator may be given a period of time to correct the issue or they may face jail time until the matter is resolved. If you ex is not paying alimony or child support due to unemployment, you can’t make your spouse pay if they do not bring in an income, however, past due child support will accrue.
Free Consultation with Divorce Lawyer in Utah
If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Why Should I Get A Legal Separation In Utah?
Lawyers In Salt Lake City
Utah Divorce Mediation Attorney
Which Bankruptcy Is The Worst?
How Much Does It Cost For Estate Planning?
Do You Always Lose Your License After A DUI?
Source: https://www.ascentlawfirm.com/does-it-matter-who-files-for-divorce-first-in-utah/
0 notes
Text
Does It Matter Who Files For Divorce First In Utah?
Ultimately it does not matter.
When marriages begin to fall apart, most spouses know that something is wrong. However, many spouses are hesitant to be the first one to file for divorce. Some are unsure about whether divorce is really the solution, others may wonder if they are being hasty and still others may just not know how to proceed. While people’s hesitation to file divorce is understandable, people considering divorce should be aware of the potential benefits that accompany being the first spouse to file for divorce.
Financial Benefits of Filing For Divorce First
Being the first spouse to file divorce means that a person can begin the proceedings at a time when he or she is financially prepared to do so. A person would have had time to collect copies of all important legal documents, such as deeds, bank and investment account statements, wills, life insurance policies, social security cards, titles to property. They will need these papers as part of the property division process, and it may be more difficult to obtain copies after the divorce starts. Also, a person can assess the family finances and determine the extent of their assets and debts, so they will have an accurate idea of what will be divided in the property division. People filing for divorce first also have the advantage of doing so after they have ensured that they have access to money and credit to meet their needs during the divorce process.
youtube
Possible Legal Benefits Of Filing First
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. Such an order prevents either spouse from making changes to beneficiaries on policies such as life insurance or retirement accounts, selling, borrowing against or transferring property, changing bank accounts and other similar financial moves. This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce. In situations where spouses have lived apart from each other for a substantial period of time, possibly great distances from each other, filing the divorce petition first can prevent having to conduct matters related to the divorce far away from where a person lives.
If the matter should go to a hearing, the person who files the petition usually presents his or her case first. This can be a drawback for a spouse if he or she does not wish to reveal his or her strategy to the other spouse. The other spouse then has the opportunity to adjust the presentation of his or her case after seeing the other side.
youtube
Advantages of Filing First
If you file the initial Utah divorce petition, the court considers you to be the petitioner. Being the petitioner can be beneficial for several reasons:
• You don’t have to scramble to select a divorce attorney in time to file a response.
• You get to choose a convenient start time and establish deadlines for the case.
• You have time to prepare for the financial costs of divorce.
• You may have more of an opportunity to protect community assets.
• You won’t have to worry about your spouse stalling the divorce.
Advantages of Being the Respondent
If your spouse serves you with divorce papers, you’re the respondent. While playing this role may not have as many obvious advantages, being the respondent can be beneficial because:
• You have a chance to review your spouse’s requests before making decisions.
• Your divorce attorney can build an effective strategy based on the petition.
youtube
• You save money on filing fees and, in some cases, on service fees. If you’re the respondent, you need to seek out legal counsel as soon as you’re served. You only have 21 days to respond if you were served in Utah, or 30 days if you were served outside of the state. If you fail to file a response within that time, the court may grant a default judgment, giving your spouse exactly what they have requested. Many people want to file first, but there are no consequences to being the respondent. Both parties in a Utah divorce are equal in the eyes of the law, and both have the opportunity to present their case. In the end, it won’t matter whether you’re the petitioner or respondent. Your Utah divorce attorney will be on your side, fighting for your rights and working to achieve the best possible outcome. If your marriage is over and you’re ready to file for divorce, having a skilled advocate in your corner is far more important than being the first to the courthouse.
The Divorce Process
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A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.
Serving the Divorce Petition
The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.
Divorce Petition Response
The other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.
Final Steps of a Divorce
Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.
What is an Uncontested Divorce?
If you and your spouse are worried about expensive, protracted court hearings, you can probably relax. According to CBS News, only about 5% of cases ever make it to trial. Other sources cite the number as being less than 5%. While estimates vary depending on who you ask, it’s easy to see what they all share in common: they’re tiny. Even in the worst case scenario, the likelihood of going to trial is minimal. That being said, it’s certainly not unheard-of. The good news is that the course your divorce follows is largely up to you and your spouse. In order to understand why, you have to have a general understanding of the Utah divorce process.
First, the petitioner files a complaint (petition) for divorce, which initiates the legal process. The spouse on whom the petition is served is known as the respondent. Once the respondent has been served with divorce papers, he or she has just 21 days to file an answer. (Out-of-state respondents have 30 days.) The nature of the respondent’s answer can set the divorce down a few different paths:
youtube
• If the respondent fails to file an answer within the allotted time period, then the petitioner can ask the judge to grant a default judgment. Ignoring divorce papers will not stop the divorce from happening; it will simply strip the respondent of his or her legal ability to challenge the petitioner’s demands.
• If the respondent agrees to everything in the complaint, including requests for alimony and/or child support payments, then the divorce is uncontested. If a divorce is uncontested, you can move ahead with the divorce process by filing the appropriate forms. However, even if you and your spouse are able to agree on the petitioner’s proposals regarding division of property, child support, and so forth, it is prudent to retain a family law attorney to ensure the proper and timely filing of legal documents. Some of the documents you will need to file include:
• Acceptance of Service • Affidavit • Certificate of Divorce, Dissolution of Marriage, or Annulment • Financial Declaration • Stipulation • Summons • If the respondent disagrees with something in the complaint – for example, he or she wants to fight for sole custody instead of agreeing to joint custody – then the divorce is contested.
Even if aspects of the divorce are being disputed, it still doesn’t mean that trial is inevitable or even necessary. If you and your spouse initially disagree on how matters like custody, alimony, and division of property should be handled, then you will be sent to mandatory mediation. Mediation is not like litigation (going to court). In litigation, the parties stand in opposition to one another, and each party seeks a different outcome. A judge presides over the trial, and renders a judgment based on the facts which are presented. If the court’s orders aren’t obeyed for instance, if a spouse stops paying child support, rather than trying to have the terms of the support order modified then the non-compliant person is in contempt of court and can be fined and jailed. In mediation, a qualified mediator works with both parties to help them come to a resolution that both people can agree on. While mediation isn’t always effective, it does have several distinct advantages over litigation: it tends to be quicker, less expensive, and less formal. Plus, because mediation is inherently less adversarial than litigation, it can be desirable for divorcing spouses who want to stay on good terms for the sake of their children. Trial is essentially a last resort, the final method of resolving the disagreements between you and your spouse. If mediation fails to solve your disputed matters, it will become necessary to go to trial before a judge. You and your spouse are not officially divorced until the judge grants the final divorce decree. However, even at this stage, either party may appeal if he or she disagrees with some aspect of the judge’s decision. The notice of appeal must be filed within 30 days of the decree’s entry.
Divorce in Utah
If you enter into marriage under the age of 20 and/or have an income of less than 25,000, your risk of divorce skyrockets. Throw in a spouse losing their job or a surprise pregnancy, and your marriage may be doomed before it begins. Here in Utah, we have a tendency to marry quite young. The median age of marriage in the United States is 27 for women and 29 for men. Now compare that to the average age of marriage in Utah, which is 24 for women and 26 for men.
Utah’s divorce rates run slightly higher than the national average. Statistics often attribute this to Utah having larger families than the national average, citing more than 5% of families have 7+ family members compared to the 3.25 national averages (2013).
Utah Requires Divorcing Couples to Attend a Divorce Education Class Utah legislators have created a mandatory divorce orientation course that couples must complete. Your divorce cannot be finalized until both you and your significant other have completed the course. You are only required to take the divorce education class if there are minor children involved. The one-time class reviews resources for custody and child support issues, clarifies the divorce process, and consequences of divorce.
The news that you are getting divorced has spread through your church, neighborhood, and/or workplace, and we are a curious species. Don’t be surprised when people you barely know ask you why you the nitty-gritty on why you are getting divorced. There is much guilt and regret present in nearly every divorce. You may easily blame yourself because you run through all the things you could have done differently, because your children blame you, or you may feel guilty simply because you were the one who filed the divorce papers. This is normal!! Make a choice to move forward, and take care of yourself. Throughout the divorce process you will have good days and bad days. Feeling guilty or overwhelmed does not mean that you should give the other spouse everything. Doing so will probably not lessen the grief on either side, and you are still entitled to half of everything. Additionally, people may want to tell you their divorce horror stories. Please remember that every situation is different, and you shouldn’t let someone else’s negative experience stress you out. When you are feeling stressed, rely on professional advice from your family law attorney, mental health counselor, or financial advisor as they are qualified to give you answers pertaining to your specific situation.
Parenting after Divorce May Become More Difficult
There will be many disagreements maybe not fair or logical ones. There may be pain when you refer to your ex as “mommy” to your kids, however that is her name to them, and you need to be the adult about it. No matter what age your kids are, please practice high levels of self-control and not bad mouth the other parent in front of your children. You may think with the other spouse out of the picture, that you can make all parenting decisions by yourself. If you’re granted sole legal custody, then you can make major decision about the kid(s) by yourself. Having sole physical custody simply means that you are the parent the kid(s) live with. Make a choice to try to co-parent as best you can. If you can’t get along, you may need to have separate birthdays, and the more times in your kids’ lives you are going to miss out on. Just because you are divorced, doesn’t mean that you have to be enemies.
If the Utah Divorce Decree is Violated, There can be Serious Consequences. Once the court has ruled and the papers have been signed, both parties are bound to the terms set forth in the divorce decree. Violating any part of the agreement may put the violator in contempt of court, and your family law attorney can help you file a contempt motion. The most common divorce violations are non-payment of child support, not complying with the visitation schedule, withholding visitation, and non-payment of alimony. If your ex does not bring the kids back at the time set forth in the divorce decree, the police will not help you bring them back unless there is an immediate threat to them. What the police will do is come to your house and makes a record of “visitation interference,” which your family law attorney can use as evidence in a contempt hearing. In your court hearing you must be able to state what areas of the decree have been violated, and the burden of proof always lies with the accuser. If you are found in contempt, the violator may be given a period of time to correct the issue or they may face jail time until the matter is resolved. If you ex is not paying alimony or child support due to unemployment, you can’t make your spouse pay if they do not bring in an income, however, past due child support will accrue.
Free Consultation with Divorce Lawyer in Utah
If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
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from Michael Anderson https://www.ascentlawfirm.com/does-it-matter-who-files-for-divorce-first-in-utah/
from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/03/31/does-it-matter-who-files-for-divorce-first-in-utah/
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Does It Matter Who Files For Divorce First In Utah?
Ultimately it does not matter.
When marriages begin to fall apart, most spouses know that something is wrong. However, many spouses are hesitant to be the first one to file for divorce. Some are unsure about whether divorce is really the solution, others may wonder if they are being hasty and still others may just not know how to proceed. While people’s hesitation to file divorce is understandable, people considering divorce should be aware of the potential benefits that accompany being the first spouse to file for divorce.
Financial Benefits of Filing For Divorce First
Being the first spouse to file divorce means that a person can begin the proceedings at a time when he or she is financially prepared to do so. A person would have had time to collect copies of all important legal documents, such as deeds, bank and investment account statements, wills, life insurance policies, social security cards, titles to property. They will need these papers as part of the property division process, and it may be more difficult to obtain copies after the divorce starts. Also, a person can assess the family finances and determine the extent of their assets and debts, so they will have an accurate idea of what will be divided in the property division. People filing for divorce first also have the advantage of doing so after they have ensured that they have access to money and credit to meet their needs during the divorce process.
youtube
Possible Legal Benefits Of Filing First
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. Such an order prevents either spouse from making changes to beneficiaries on policies such as life insurance or retirement accounts, selling, borrowing against or transferring property, changing bank accounts and other similar financial moves. This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce. In situations where spouses have lived apart from each other for a substantial period of time, possibly great distances from each other, filing the divorce petition first can prevent having to conduct matters related to the divorce far away from where a person lives.
If the matter should go to a hearing, the person who files the petition usually presents his or her case first. This can be a drawback for a spouse if he or she does not wish to reveal his or her strategy to the other spouse. The other spouse then has the opportunity to adjust the presentation of his or her case after seeing the other side.
youtube
Advantages of Filing First
If you file the initial Utah divorce petition, the court considers you to be the petitioner. Being the petitioner can be beneficial for several reasons:
• You don’t have to scramble to select a divorce attorney in time to file a response.
• You get to choose a convenient start time and establish deadlines for the case.
• You have time to prepare for the financial costs of divorce.
• You may have more of an opportunity to protect community assets.
• You won’t have to worry about your spouse stalling the divorce.
Advantages of Being the Respondent
If your spouse serves you with divorce papers, you’re the respondent. While playing this role may not have as many obvious advantages, being the respondent can be beneficial because:
• You have a chance to review your spouse’s requests before making decisions.
• Your divorce attorney can build an effective strategy based on the petition.
youtube
• You save money on filing fees and, in some cases, on service fees. If you’re the respondent, you need to seek out legal counsel as soon as you’re served. You only have 21 days to respond if you were served in Utah, or 30 days if you were served outside of the state. If you fail to file a response within that time, the court may grant a default judgment, giving your spouse exactly what they have requested. Many people want to file first, but there are no consequences to being the respondent. Both parties in a Utah divorce are equal in the eyes of the law, and both have the opportunity to present their case. In the end, it won’t matter whether you’re the petitioner or respondent. Your Utah divorce attorney will be on your side, fighting for your rights and working to achieve the best possible outcome. If your marriage is over and you’re ready to file for divorce, having a skilled advocate in your corner is far more important than being the first to the courthouse.
The Divorce Process
youtube
A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.
Serving the Divorce Petition
The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.
Divorce Petition Response
The other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.
Final Steps of a Divorce
Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.
What is an Uncontested Divorce?
If you and your spouse are worried about expensive, protracted court hearings, you can probably relax. According to CBS News, only about 5% of cases ever make it to trial. Other sources cite the number as being less than 5%. While estimates vary depending on who you ask, it’s easy to see what they all share in common: they’re tiny. Even in the worst case scenario, the likelihood of going to trial is minimal. That being said, it’s certainly not unheard-of. The good news is that the course your divorce follows is largely up to you and your spouse. In order to understand why, you have to have a general understanding of the Utah divorce process.
First, the petitioner files a complaint (petition) for divorce, which initiates the legal process. The spouse on whom the petition is served is known as the respondent. Once the respondent has been served with divorce papers, he or she has just 21 days to file an answer. (Out-of-state respondents have 30 days.) The nature of the respondent’s answer can set the divorce down a few different paths:
youtube
• If the respondent fails to file an answer within the allotted time period, then the petitioner can ask the judge to grant a default judgment. Ignoring divorce papers will not stop the divorce from happening; it will simply strip the respondent of his or her legal ability to challenge the petitioner’s demands.
• If the respondent agrees to everything in the complaint, including requests for alimony and/or child support payments, then the divorce is uncontested. If a divorce is uncontested, you can move ahead with the divorce process by filing the appropriate forms. However, even if you and your spouse are able to agree on the petitioner’s proposals regarding division of property, child support, and so forth, it is prudent to retain a family law attorney to ensure the proper and timely filing of legal documents. Some of the documents you will need to file include:
• Acceptance of Service • Affidavit • Certificate of Divorce, Dissolution of Marriage, or Annulment • Financial Declaration • Stipulation • Summons • If the respondent disagrees with something in the complaint – for example, he or she wants to fight for sole custody instead of agreeing to joint custody – then the divorce is contested.
Even if aspects of the divorce are being disputed, it still doesn’t mean that trial is inevitable or even necessary. If you and your spouse initially disagree on how matters like custody, alimony, and division of property should be handled, then you will be sent to mandatory mediation. Mediation is not like litigation (going to court). In litigation, the parties stand in opposition to one another, and each party seeks a different outcome. A judge presides over the trial, and renders a judgment based on the facts which are presented. If the court’s orders aren’t obeyed for instance, if a spouse stops paying child support, rather than trying to have the terms of the support order modified then the non-compliant person is in contempt of court and can be fined and jailed. In mediation, a qualified mediator works with both parties to help them come to a resolution that both people can agree on. While mediation isn’t always effective, it does have several distinct advantages over litigation: it tends to be quicker, less expensive, and less formal. Plus, because mediation is inherently less adversarial than litigation, it can be desirable for divorcing spouses who want to stay on good terms for the sake of their children. Trial is essentially a last resort, the final method of resolving the disagreements between you and your spouse. If mediation fails to solve your disputed matters, it will become necessary to go to trial before a judge. You and your spouse are not officially divorced until the judge grants the final divorce decree. However, even at this stage, either party may appeal if he or she disagrees with some aspect of the judge’s decision. The notice of appeal must be filed within 30 days of the decree’s entry.
Divorce in Utah
If you enter into marriage under the age of 20 and/or have an income of less than 25,000, your risk of divorce skyrockets. Throw in a spouse losing their job or a surprise pregnancy, and your marriage may be doomed before it begins. Here in Utah, we have a tendency to marry quite young. The median age of marriage in the United States is 27 for women and 29 for men. Now compare that to the average age of marriage in Utah, which is 24 for women and 26 for men.
Utah’s divorce rates run slightly higher than the national average. Statistics often attribute this to Utah having larger families than the national average, citing more than 5% of families have 7+ family members compared to the 3.25 national averages (2013).
Utah Requires Divorcing Couples to Attend a Divorce Education Class Utah legislators have created a mandatory divorce orientation course that couples must complete. Your divorce cannot be finalized until both you and your significant other have completed the course. You are only required to take the divorce education class if there are minor children involved. The one-time class reviews resources for custody and child support issues, clarifies the divorce process, and consequences of divorce.
The news that you are getting divorced has spread through your church, neighborhood, and/or workplace, and we are a curious species. Don’t be surprised when people you barely know ask you why you the nitty-gritty on why you are getting divorced. There is much guilt and regret present in nearly every divorce. You may easily blame yourself because you run through all the things you could have done differently, because your children blame you, or you may feel guilty simply because you were the one who filed the divorce papers. This is normal!! Make a choice to move forward, and take care of yourself. Throughout the divorce process you will have good days and bad days. Feeling guilty or overwhelmed does not mean that you should give the other spouse everything. Doing so will probably not lessen the grief on either side, and you are still entitled to half of everything. Additionally, people may want to tell you their divorce horror stories. Please remember that every situation is different, and you shouldn’t let someone else’s negative experience stress you out. When you are feeling stressed, rely on professional advice from your family law attorney, mental health counselor, or financial advisor as they are qualified to give you answers pertaining to your specific situation.
Parenting after Divorce May Become More Difficult
There will be many disagreements maybe not fair or logical ones. There may be pain when you refer to your ex as “mommy” to your kids, however that is her name to them, and you need to be the adult about it. No matter what age your kids are, please practice high levels of self-control and not bad mouth the other parent in front of your children. You may think with the other spouse out of the picture, that you can make all parenting decisions by yourself. If you’re granted sole legal custody, then you can make major decision about the kid(s) by yourself. Having sole physical custody simply means that you are the parent the kid(s) live with. Make a choice to try to co-parent as best you can. If you can’t get along, you may need to have separate birthdays, and the more times in your kids’ lives you are going to miss out on. Just because you are divorced, doesn’t mean that you have to be enemies.
If the Utah Divorce Decree is Violated, There can be Serious Consequences. Once the court has ruled and the papers have been signed, both parties are bound to the terms set forth in the divorce decree. Violating any part of the agreement may put the violator in contempt of court, and your family law attorney can help you file a contempt motion. The most common divorce violations are non-payment of child support, not complying with the visitation schedule, withholding visitation, and non-payment of alimony. If your ex does not bring the kids back at the time set forth in the divorce decree, the police will not help you bring them back unless there is an immediate threat to them. What the police will do is come to your house and makes a record of “visitation interference,” which your family law attorney can use as evidence in a contempt hearing. In your court hearing you must be able to state what areas of the decree have been violated, and the burden of proof always lies with the accuser. If you are found in contempt, the violator may be given a period of time to correct the issue or they may face jail time until the matter is resolved. If you ex is not paying alimony or child support due to unemployment, you can’t make your spouse pay if they do not bring in an income, however, past due child support will accrue.
Free Consultation with Divorce Lawyer in Utah
If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Why Should I Get A Legal Separation In Utah?
Lawyers In Salt Lake City
Utah Divorce Mediation Attorney
Which Bankruptcy Is The Worst?
How Much Does It Cost For Estate Planning?
Do You Always Lose Your License After A DUI?
Source: https://www.ascentlawfirm.com/does-it-matter-who-files-for-divorce-first-in-utah/
0 notes
Text
Does It Matter Who Files For Divorce First In Utah?
Ultimately it does not matter.
When marriages begin to fall apart, most spouses know that something is wrong. However, many spouses are hesitant to be the first one to file for divorce. Some are unsure about whether divorce is really the solution, others may wonder if they are being hasty and still others may just not know how to proceed. While people’s hesitation to file divorce is understandable, people considering divorce should be aware of the potential benefits that accompany being the first spouse to file for divorce.
Financial Benefits of Filing For Divorce First
Being the first spouse to file divorce means that a person can begin the proceedings at a time when he or she is financially prepared to do so. A person would have had time to collect copies of all important legal documents, such as deeds, bank and investment account statements, wills, life insurance policies, social security cards, titles to property. They will need these papers as part of the property division process, and it may be more difficult to obtain copies after the divorce starts. Also, a person can assess the family finances and determine the extent of their assets and debts, so they will have an accurate idea of what will be divided in the property division. People filing for divorce first also have the advantage of doing so after they have ensured that they have access to money and credit to meet their needs during the divorce process.
youtube
Possible Legal Benefits Of Filing First
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. Such an order prevents either spouse from making changes to beneficiaries on policies such as life insurance or retirement accounts, selling, borrowing against or transferring property, changing bank accounts and other similar financial moves. This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce. In situations where spouses have lived apart from each other for a substantial period of time, possibly great distances from each other, filing the divorce petition first can prevent having to conduct matters related to the divorce far away from where a person lives.
If the matter should go to a hearing, the person who files the petition usually presents his or her case first. This can be a drawback for a spouse if he or she does not wish to reveal his or her strategy to the other spouse. The other spouse then has the opportunity to adjust the presentation of his or her case after seeing the other side.
youtube
Advantages of Filing First
If you file the initial Utah divorce petition, the court considers you to be the petitioner. Being the petitioner can be beneficial for several reasons:
• You don’t have to scramble to select a divorce attorney in time to file a response.
• You get to choose a convenient start time and establish deadlines for the case.
• You have time to prepare for the financial costs of divorce.
• You may have more of an opportunity to protect community assets.
• You won’t have to worry about your spouse stalling the divorce.
Advantages of Being the Respondent
If your spouse serves you with divorce papers, you’re the respondent. While playing this role may not have as many obvious advantages, being the respondent can be beneficial because:
• You have a chance to review your spouse’s requests before making decisions.
• Your divorce attorney can build an effective strategy based on the petition.
youtube
• You save money on filing fees and, in some cases, on service fees. If you’re the respondent, you need to seek out legal counsel as soon as you’re served. You only have 21 days to respond if you were served in Utah, or 30 days if you were served outside of the state. If you fail to file a response within that time, the court may grant a default judgment, giving your spouse exactly what they have requested. Many people want to file first, but there are no consequences to being the respondent. Both parties in a Utah divorce are equal in the eyes of the law, and both have the opportunity to present their case. In the end, it won’t matter whether you’re the petitioner or respondent. Your Utah divorce attorney will be on your side, fighting for your rights and working to achieve the best possible outcome. If your marriage is over and you’re ready to file for divorce, having a skilled advocate in your corner is far more important than being the first to the courthouse.
The Divorce Process
youtube
A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.
Serving the Divorce Petition
The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.
Divorce Petition Response
The other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.
Final Steps of a Divorce
Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.
What is an Uncontested Divorce?
If you and your spouse are worried about expensive, protracted court hearings, you can probably relax. According to CBS News, only about 5% of cases ever make it to trial. Other sources cite the number as being less than 5%. While estimates vary depending on who you ask, it’s easy to see what they all share in common: they’re tiny. Even in the worst case scenario, the likelihood of going to trial is minimal. That being said, it’s certainly not unheard-of. The good news is that the course your divorce follows is largely up to you and your spouse. In order to understand why, you have to have a general understanding of the Utah divorce process.
First, the petitioner files a complaint (petition) for divorce, which initiates the legal process. The spouse on whom the petition is served is known as the respondent. Once the respondent has been served with divorce papers, he or she has just 21 days to file an answer. (Out-of-state respondents have 30 days.) The nature of the respondent’s answer can set the divorce down a few different paths:
youtube
• If the respondent fails to file an answer within the allotted time period, then the petitioner can ask the judge to grant a default judgment. Ignoring divorce papers will not stop the divorce from happening; it will simply strip the respondent of his or her legal ability to challenge the petitioner’s demands.
• If the respondent agrees to everything in the complaint, including requests for alimony and/or child support payments, then the divorce is uncontested. If a divorce is uncontested, you can move ahead with the divorce process by filing the appropriate forms. However, even if you and your spouse are able to agree on the petitioner’s proposals regarding division of property, child support, and so forth, it is prudent to retain a family law attorney to ensure the proper and timely filing of legal documents. Some of the documents you will need to file include:
• Acceptance of Service • Affidavit • Certificate of Divorce, Dissolution of Marriage, or Annulment • Financial Declaration • Stipulation • Summons • If the respondent disagrees with something in the complaint – for example, he or she wants to fight for sole custody instead of agreeing to joint custody – then the divorce is contested.
Even if aspects of the divorce are being disputed, it still doesn’t mean that trial is inevitable or even necessary. If you and your spouse initially disagree on how matters like custody, alimony, and division of property should be handled, then you will be sent to mandatory mediation. Mediation is not like litigation (going to court). In litigation, the parties stand in opposition to one another, and each party seeks a different outcome. A judge presides over the trial, and renders a judgment based on the facts which are presented. If the court’s orders aren’t obeyed for instance, if a spouse stops paying child support, rather than trying to have the terms of the support order modified then the non-compliant person is in contempt of court and can be fined and jailed. In mediation, a qualified mediator works with both parties to help them come to a resolution that both people can agree on. While mediation isn’t always effective, it does have several distinct advantages over litigation: it tends to be quicker, less expensive, and less formal. Plus, because mediation is inherently less adversarial than litigation, it can be desirable for divorcing spouses who want to stay on good terms for the sake of their children. Trial is essentially a last resort, the final method of resolving the disagreements between you and your spouse. If mediation fails to solve your disputed matters, it will become necessary to go to trial before a judge. You and your spouse are not officially divorced until the judge grants the final divorce decree. However, even at this stage, either party may appeal if he or she disagrees with some aspect of the judge’s decision. The notice of appeal must be filed within 30 days of the decree’s entry.
Divorce in Utah
If you enter into marriage under the age of 20 and/or have an income of less than 25,000, your risk of divorce skyrockets. Throw in a spouse losing their job or a surprise pregnancy, and your marriage may be doomed before it begins. Here in Utah, we have a tendency to marry quite young. The median age of marriage in the United States is 27 for women and 29 for men. Now compare that to the average age of marriage in Utah, which is 24 for women and 26 for men.
Utah’s divorce rates run slightly higher than the national average. Statistics often attribute this to Utah having larger families than the national average, citing more than 5% of families have 7+ family members compared to the 3.25 national averages (2013).
Utah Requires Divorcing Couples to Attend a Divorce Education Class Utah legislators have created a mandatory divorce orientation course that couples must complete. Your divorce cannot be finalized until both you and your significant other have completed the course. You are only required to take the divorce education class if there are minor children involved. The one-time class reviews resources for custody and child support issues, clarifies the divorce process, and consequences of divorce.
The news that you are getting divorced has spread through your church, neighborhood, and/or workplace, and we are a curious species. Don’t be surprised when people you barely know ask you why you the nitty-gritty on why you are getting divorced. There is much guilt and regret present in nearly every divorce. You may easily blame yourself because you run through all the things you could have done differently, because your children blame you, or you may feel guilty simply because you were the one who filed the divorce papers. This is normal!! Make a choice to move forward, and take care of yourself. Throughout the divorce process you will have good days and bad days. Feeling guilty or overwhelmed does not mean that you should give the other spouse everything. Doing so will probably not lessen the grief on either side, and you are still entitled to half of everything. Additionally, people may want to tell you their divorce horror stories. Please remember that every situation is different, and you shouldn’t let someone else’s negative experience stress you out. When you are feeling stressed, rely on professional advice from your family law attorney, mental health counselor, or financial advisor as they are qualified to give you answers pertaining to your specific situation.
Parenting after Divorce May Become More Difficult
There will be many disagreements maybe not fair or logical ones. There may be pain when you refer to your ex as “mommy” to your kids, however that is her name to them, and you need to be the adult about it. No matter what age your kids are, please practice high levels of self-control and not bad mouth the other parent in front of your children. You may think with the other spouse out of the picture, that you can make all parenting decisions by yourself. If you’re granted sole legal custody, then you can make major decision about the kid(s) by yourself. Having sole physical custody simply means that you are the parent the kid(s) live with. Make a choice to try to co-parent as best you can. If you can’t get along, you may need to have separate birthdays, and the more times in your kids’ lives you are going to miss out on. Just because you are divorced, doesn’t mean that you have to be enemies.
If the Utah Divorce Decree is Violated, There can be Serious Consequences. Once the court has ruled and the papers have been signed, both parties are bound to the terms set forth in the divorce decree. Violating any part of the agreement may put the violator in contempt of court, and your family law attorney can help you file a contempt motion. The most common divorce violations are non-payment of child support, not complying with the visitation schedule, withholding visitation, and non-payment of alimony. If your ex does not bring the kids back at the time set forth in the divorce decree, the police will not help you bring them back unless there is an immediate threat to them. What the police will do is come to your house and makes a record of “visitation interference,” which your family law attorney can use as evidence in a contempt hearing. In your court hearing you must be able to state what areas of the decree have been violated, and the burden of proof always lies with the accuser. If you are found in contempt, the violator may be given a period of time to correct the issue or they may face jail time until the matter is resolved. If you ex is not paying alimony or child support due to unemployment, you can’t make your spouse pay if they do not bring in an income, however, past due child support will accrue.
Free Consultation with Divorce Lawyer in Utah
If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
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Source: https://www.ascentlawfirm.com/does-it-matter-who-files-for-divorce-first-in-utah/
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Does It Matter Who Files For Divorce First In Utah?
Ultimately it does not matter.
When marriages begin to fall apart, most spouses know that something is wrong. However, many spouses are hesitant to be the first one to file for divorce. Some are unsure about whether divorce is really the solution, others may wonder if they are being hasty and still others may just not know how to proceed. While people’s hesitation to file divorce is understandable, people considering divorce should be aware of the potential benefits that accompany being the first spouse to file for divorce.
Financial Benefits of Filing For Divorce First
Being the first spouse to file divorce means that a person can begin the proceedings at a time when he or she is financially prepared to do so. A person would have had time to collect copies of all important legal documents, such as deeds, bank and investment account statements, wills, life insurance policies, social security cards, titles to property. They will need these papers as part of the property division process, and it may be more difficult to obtain copies after the divorce starts. Also, a person can assess the family finances and determine the extent of their assets and debts, so they will have an accurate idea of what will be divided in the property division. People filing for divorce first also have the advantage of doing so after they have ensured that they have access to money and credit to meet their needs during the divorce process.
youtube
Possible Legal Benefits Of Filing First
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. Such an order prevents either spouse from making changes to beneficiaries on policies such as life insurance or retirement accounts, selling, borrowing against or transferring property, changing bank accounts and other similar financial moves. This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce. In situations where spouses have lived apart from each other for a substantial period of time, possibly great distances from each other, filing the divorce petition first can prevent having to conduct matters related to the divorce far away from where a person lives.
If the matter should go to a hearing, the person who files the petition usually presents his or her case first. This can be a drawback for a spouse if he or she does not wish to reveal his or her strategy to the other spouse. The other spouse then has the opportunity to adjust the presentation of his or her case after seeing the other side.
youtube
Advantages of Filing First
If you file the initial Utah divorce petition, the court considers you to be the petitioner. Being the petitioner can be beneficial for several reasons:
• You don’t have to scramble to select a divorce attorney in time to file a response.
• You get to choose a convenient start time and establish deadlines for the case.
• You have time to prepare for the financial costs of divorce.
• You may have more of an opportunity to protect community assets.
• You won’t have to worry about your spouse stalling the divorce.
Advantages of Being the Respondent
If your spouse serves you with divorce papers, you’re the respondent. While playing this role may not have as many obvious advantages, being the respondent can be beneficial because:
• You have a chance to review your spouse’s requests before making decisions.
• Your divorce attorney can build an effective strategy based on the petition.
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• You save money on filing fees and, in some cases, on service fees. If you’re the respondent, you need to seek out legal counsel as soon as you’re served. You only have 21 days to respond if you were served in Utah, or 30 days if you were served outside of the state. If you fail to file a response within that time, the court may grant a default judgment, giving your spouse exactly what they have requested. Many people want to file first, but there are no consequences to being the respondent. Both parties in a Utah divorce are equal in the eyes of the law, and both have the opportunity to present their case. In the end, it won’t matter whether you’re the petitioner or respondent. Your Utah divorce attorney will be on your side, fighting for your rights and working to achieve the best possible outcome. If your marriage is over and you’re ready to file for divorce, having a skilled advocate in your corner is far more important than being the first to the courthouse.
The Divorce Process
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A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.
Serving the Divorce Petition
The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.
Divorce Petition Response
The other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.
Final Steps of a Divorce
Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.
What is an Uncontested Divorce?
If you and your spouse are worried about expensive, protracted court hearings, you can probably relax. According to CBS News, only about 5% of cases ever make it to trial. Other sources cite the number as being less than 5%. While estimates vary depending on who you ask, it’s easy to see what they all share in common: they’re tiny. Even in the worst case scenario, the likelihood of going to trial is minimal. That being said, it’s certainly not unheard-of. The good news is that the course your divorce follows is largely up to you and your spouse. In order to understand why, you have to have a general understanding of the Utah divorce process.
First, the petitioner files a complaint (petition) for divorce, which initiates the legal process. The spouse on whom the petition is served is known as the respondent. Once the respondent has been served with divorce papers, he or she has just 21 days to file an answer. (Out-of-state respondents have 30 days.) The nature of the respondent’s answer can set the divorce down a few different paths:
youtube
• If the respondent fails to file an answer within the allotted time period, then the petitioner can ask the judge to grant a default judgment. Ignoring divorce papers will not stop the divorce from happening; it will simply strip the respondent of his or her legal ability to challenge the petitioner’s demands.
• If the respondent agrees to everything in the complaint, including requests for alimony and/or child support payments, then the divorce is uncontested. If a divorce is uncontested, you can move ahead with the divorce process by filing the appropriate forms. However, even if you and your spouse are able to agree on the petitioner’s proposals regarding division of property, child support, and so forth, it is prudent to retain a family law attorney to ensure the proper and timely filing of legal documents. Some of the documents you will need to file include:
• Acceptance of Service • Affidavit • Certificate of Divorce, Dissolution of Marriage, or Annulment • Financial Declaration • Stipulation • Summons • If the respondent disagrees with something in the complaint – for example, he or she wants to fight for sole custody instead of agreeing to joint custody – then the divorce is contested.
Even if aspects of the divorce are being disputed, it still doesn’t mean that trial is inevitable or even necessary. If you and your spouse initially disagree on how matters like custody, alimony, and division of property should be handled, then you will be sent to mandatory mediation. Mediation is not like litigation (going to court). In litigation, the parties stand in opposition to one another, and each party seeks a different outcome. A judge presides over the trial, and renders a judgment based on the facts which are presented. If the court’s orders aren’t obeyed for instance, if a spouse stops paying child support, rather than trying to have the terms of the support order modified then the non-compliant person is in contempt of court and can be fined and jailed. In mediation, a qualified mediator works with both parties to help them come to a resolution that both people can agree on. While mediation isn’t always effective, it does have several distinct advantages over litigation: it tends to be quicker, less expensive, and less formal. Plus, because mediation is inherently less adversarial than litigation, it can be desirable for divorcing spouses who want to stay on good terms for the sake of their children. Trial is essentially a last resort, the final method of resolving the disagreements between you and your spouse. If mediation fails to solve your disputed matters, it will become necessary to go to trial before a judge. You and your spouse are not officially divorced until the judge grants the final divorce decree. However, even at this stage, either party may appeal if he or she disagrees with some aspect of the judge’s decision. The notice of appeal must be filed within 30 days of the decree’s entry.
Divorce in Utah
If you enter into marriage under the age of 20 and/or have an income of less than 25,000, your risk of divorce skyrockets. Throw in a spouse losing their job or a surprise pregnancy, and your marriage may be doomed before it begins. Here in Utah, we have a tendency to marry quite young. The median age of marriage in the United States is 27 for women and 29 for men. Now compare that to the average age of marriage in Utah, which is 24 for women and 26 for men.
Utah’s divorce rates run slightly higher than the national average. Statistics often attribute this to Utah having larger families than the national average, citing more than 5% of families have 7+ family members compared to the 3.25 national averages (2013).
Utah Requires Divorcing Couples to Attend a Divorce Education Class Utah legislators have created a mandatory divorce orientation course that couples must complete. Your divorce cannot be finalized until both you and your significant other have completed the course. You are only required to take the divorce education class if there are minor children involved. The one-time class reviews resources for custody and child support issues, clarifies the divorce process, and consequences of divorce.
The news that you are getting divorced has spread through your church, neighborhood, and/or workplace, and we are a curious species. Don’t be surprised when people you barely know ask you why you the nitty-gritty on why you are getting divorced. There is much guilt and regret present in nearly every divorce. You may easily blame yourself because you run through all the things you could have done differently, because your children blame you, or you may feel guilty simply because you were the one who filed the divorce papers. This is normal!! Make a choice to move forward, and take care of yourself. Throughout the divorce process you will have good days and bad days. Feeling guilty or overwhelmed does not mean that you should give the other spouse everything. Doing so will probably not lessen the grief on either side, and you are still entitled to half of everything. Additionally, people may want to tell you their divorce horror stories. Please remember that every situation is different, and you shouldn’t let someone else’s negative experience stress you out. When you are feeling stressed, rely on professional advice from your family law attorney, mental health counselor, or financial advisor as they are qualified to give you answers pertaining to your specific situation.
Parenting after Divorce May Become More Difficult
There will be many disagreements maybe not fair or logical ones. There may be pain when you refer to your ex as “mommy” to your kids, however that is her name to them, and you need to be the adult about it. No matter what age your kids are, please practice high levels of self-control and not bad mouth the other parent in front of your children. You may think with the other spouse out of the picture, that you can make all parenting decisions by yourself. If you’re granted sole legal custody, then you can make major decision about the kid(s) by yourself. Having sole physical custody simply means that you are the parent the kid(s) live with. Make a choice to try to co-parent as best you can. If you can’t get along, you may need to have separate birthdays, and the more times in your kids’ lives you are going to miss out on. Just because you are divorced, doesn’t mean that you have to be enemies.
If the Utah Divorce Decree is Violated, There can be Serious Consequences. Once the court has ruled and the papers have been signed, both parties are bound to the terms set forth in the divorce decree. Violating any part of the agreement may put the violator in contempt of court, and your family law attorney can help you file a contempt motion. The most common divorce violations are non-payment of child support, not complying with the visitation schedule, withholding visitation, and non-payment of alimony. If your ex does not bring the kids back at the time set forth in the divorce decree, the police will not help you bring them back unless there is an immediate threat to them. What the police will do is come to your house and makes a record of “visitation interference,” which your family law attorney can use as evidence in a contempt hearing. In your court hearing you must be able to state what areas of the decree have been violated, and the burden of proof always lies with the accuser. If you are found in contempt, the violator may be given a period of time to correct the issue or they may face jail time until the matter is resolved. If you ex is not paying alimony or child support due to unemployment, you can’t make your spouse pay if they do not bring in an income, however, past due child support will accrue.
Free Consultation with Divorce Lawyer in Utah
If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Why Should I Get A Legal Separation In Utah?
Lawyers In Salt Lake City
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Which Bankruptcy Is The Worst?
How Much Does It Cost For Estate Planning?
Do You Always Lose Your License After A DUI?
Source: https://www.ascentlawfirm.com/does-it-matter-who-files-for-divorce-first-in-utah/
0 notes
Text
Does It Matter Who Files For Divorce First In Utah?
Ultimately it does not matter.
When marriages begin to fall apart, most spouses know that something is wrong. However, many spouses are hesitant to be the first one to file for divorce. Some are unsure about whether divorce is really the solution, others may wonder if they are being hasty and still others may just not know how to proceed. While people’s hesitation to file divorce is understandable, people considering divorce should be aware of the potential benefits that accompany being the first spouse to file for divorce.
Financial Benefits of Filing For Divorce First
Being the first spouse to file divorce means that a person can begin the proceedings at a time when he or she is financially prepared to do so. A person would have had time to collect copies of all important legal documents, such as deeds, bank and investment account statements, wills, life insurance policies, social security cards, titles to property. They will need these papers as part of the property division process, and it may be more difficult to obtain copies after the divorce starts. Also, a person can assess the family finances and determine the extent of their assets and debts, so they will have an accurate idea of what will be divided in the property division. People filing for divorce first also have the advantage of doing so after they have ensured that they have access to money and credit to meet their needs during the divorce process.
Possible Legal Benefits Of Filing First
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. Such an order prevents either spouse from making changes to beneficiaries on policies such as life insurance or retirement accounts, selling, borrowing against or transferring property, changing bank accounts and other similar financial moves. This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce. In situations where spouses have lived apart from each other for a substantial period of time, possibly great distances from each other, filing the divorce petition first can prevent having to conduct matters related to the divorce far away from where a person lives.
If the matter should go to a hearing, the person who files the petition usually presents his or her case first. This can be a drawback for a spouse if he or she does not wish to reveal his or her strategy to the other spouse. The other spouse then has the opportunity to adjust the presentation of his or her case after seeing the other side.
Advantages of Filing First
If you file the initial Utah divorce petition, the court considers you to be the petitioner. Being the petitioner can be beneficial for several reasons:
• You don’t have to scramble to select a divorce attorney in time to file a response.
• You get to choose a convenient start time and establish deadlines for the case.
• You have time to prepare for the financial costs of divorce.
• You may have more of an opportunity to protect community assets.
• You won’t have to worry about your spouse stalling the divorce.
Advantages of Being the Respondent
If your spouse serves you with divorce papers, you’re the respondent. While playing this role may not have as many obvious advantages, being the respondent can be beneficial because:
• You have a chance to review your spouse’s requests before making decisions.
• Your divorce attorney can build an effective strategy based on the petition.
• You save money on filing fees and, in some cases, on service fees. If you’re the respondent, you need to seek out legal counsel as soon as you’re served. You only have 21 days to respond if you were served in Utah, or 30 days if you were served outside of the state. If you fail to file a response within that time, the court may grant a default judgment, giving your spouse exactly what they have requested. Many people want to file first, but there are no consequences to being the respondent. Both parties in a Utah divorce are equal in the eyes of the law, and both have the opportunity to present their case. In the end, it won’t matter whether you’re the petitioner or respondent. Your Utah divorce attorney will be on your side, fighting for your rights and working to achieve the best possible outcome. If your marriage is over and you’re ready to file for divorce, having a skilled advocate in your corner is far more important than being the first to the courthouse.
The Divorce Process
A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.
Serving the Divorce Petition
The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.
Divorce Petition Response
The other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.
Final Steps of a Divorce
Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.
What is an Uncontested Divorce?
If you and your spouse are worried about expensive, protracted court hearings, you can probably relax. According to CBS News, only about 5% of cases ever make it to trial. Other sources cite the number as being less than 5%. While estimates vary depending on who you ask, it’s easy to see what they all share in common: they’re tiny. Even in the worst case scenario, the likelihood of going to trial is minimal. That being said, it’s certainly not unheard-of. The good news is that the course your divorce follows is largely up to you and your spouse. In order to understand why, you have to have a general understanding of the Utah divorce process.
First, the petitioner files a complaint (petition) for divorce, which initiates the legal process. The spouse on whom the petition is served is known as the respondent. Once the respondent has been served with divorce papers, he or she has just 21 days to file an answer. (Out-of-state respondents have 30 days.) The nature of the respondent’s answer can set the divorce down a few different paths:
• If the respondent fails to file an answer within the allotted time period, then the petitioner can ask the judge to grant a default judgment. Ignoring divorce papers will not stop the divorce from happening; it will simply strip the respondent of his or her legal ability to challenge the petitioner’s demands.
• If the respondent agrees to everything in the complaint, including requests for alimony and/or child support payments, then the divorce is uncontested. If a divorce is uncontested, you can move ahead with the divorce process by filing the appropriate forms. However, even if you and your spouse are able to agree on the petitioner’s proposals regarding division of property, child support, and so forth, it is prudent to retain a family law attorney to ensure the proper and timely filing of legal documents. Some of the documents you will need to file include:
• Acceptance of Service • Affidavit • Certificate of Divorce, Dissolution of Marriage, or Annulment • Financial Declaration • Stipulation • Summons • If the respondent disagrees with something in the complaint – for example, he or she wants to fight for sole custody instead of agreeing to joint custody – then the divorce is contested.
Even if aspects of the divorce are being disputed, it still doesn’t mean that trial is inevitable or even necessary. If you and your spouse initially disagree on how matters like custody, alimony, and division of property should be handled, then you will be sent to mandatory mediation. Mediation is not like litigation (going to court). In litigation, the parties stand in opposition to one another, and each party seeks a different outcome. A judge presides over the trial, and renders a judgment based on the facts which are presented. If the court’s orders aren’t obeyed for instance, if a spouse stops paying child support, rather than trying to have the terms of the support order modified then the non-compliant person is in contempt of court and can be fined and jailed. In mediation, a qualified mediator works with both parties to help them come to a resolution that both people can agree on. While mediation isn’t always effective, it does have several distinct advantages over litigation: it tends to be quicker, less expensive, and less formal. Plus, because mediation is inherently less adversarial than litigation, it can be desirable for divorcing spouses who want to stay on good terms for the sake of their children. Trial is essentially a last resort, the final method of resolving the disagreements between you and your spouse. If mediation fails to solve your disputed matters, it will become necessary to go to trial before a judge. You and your spouse are not officially divorced until the judge grants the final divorce decree. However, even at this stage, either party may appeal if he or she disagrees with some aspect of the judge’s decision. The notice of appeal must be filed within 30 days of the decree’s entry.
Divorce in Utah
If you enter into marriage under the age of 20 and/or have an income of less than 25,000, your risk of divorce skyrockets. Throw in a spouse losing their job or a surprise pregnancy, and your marriage may be doomed before it begins. Here in Utah, we have a tendency to marry quite young. The median age of marriage in the United States is 27 for women and 29 for men. Now compare that to the average age of marriage in Utah, which is 24 for women and 26 for men.
Utah’s divorce rates run slightly higher than the national average. Statistics often attribute this to Utah having larger families than the national average, citing more than 5% of families have 7+ family members compared to the 3.25 national averages (2013).
Utah Requires Divorcing Couples to Attend a Divorce Education Class Utah legislators have created a mandatory divorce orientation course that couples must complete. Your divorce cannot be finalized until both you and your significant other have completed the course. You are only required to take the divorce education class if there are minor children involved. The one-time class reviews resources for custody and child support issues, clarifies the divorce process, and consequences of divorce.
The news that you are getting divorced has spread through your church, neighborhood, and/or workplace, and we are a curious species. Don’t be surprised when people you barely know ask you why you the nitty-gritty on why you are getting divorced. There is much guilt and regret present in nearly every divorce. You may easily blame yourself because you run through all the things you could have done differently, because your children blame you, or you may feel guilty simply because you were the one who filed the divorce papers. This is normal!! Make a choice to move forward, and take care of yourself. Throughout the divorce process you will have good days and bad days. Feeling guilty or overwhelmed does not mean that you should give the other spouse everything. Doing so will probably not lessen the grief on either side, and you are still entitled to half of everything. Additionally, people may want to tell you their divorce horror stories. Please remember that every situation is different, and you shouldn’t let someone else’s negative experience stress you out. When you are feeling stressed, rely on professional advice from your family law attorney, mental health counselor, or financial advisor as they are qualified to give you answers pertaining to your specific situation.
Parenting after Divorce May Become More Difficult
There will be many disagreements maybe not fair or logical ones. There may be pain when you refer to your ex as “mommy” to your kids, however that is her name to them, and you need to be the adult about it. No matter what age your kids are, please practice high levels of self-control and not bad mouth the other parent in front of your children. You may think with the other spouse out of the picture, that you can make all parenting decisions by yourself. If you’re granted sole legal custody, then you can make major decision about the kid(s) by yourself. Having sole physical custody simply means that you are the parent the kid(s) live with. Make a choice to try to co-parent as best you can. If you can’t get along, you may need to have separate birthdays, and the more times in your kids’ lives you are going to miss out on. Just because you are divorced, doesn’t mean that you have to be enemies.
If the Utah Divorce Decree is Violated, There can be Serious Consequences. Once the court has ruled and the papers have been signed, both parties are bound to the terms set forth in the divorce decree. Violating any part of the agreement may put the violator in contempt of court, and your family law attorney can help you file a contempt motion. The most common divorce violations are non-payment of child support, not complying with the visitation schedule, withholding visitation, and non-payment of alimony. If your ex does not bring the kids back at the time set forth in the divorce decree, the police will not help you bring them back unless there is an immediate threat to them. What the police will do is come to your house and makes a record of “visitation interference,” which your family law attorney can use as evidence in a contempt hearing. In your court hearing you must be able to state what areas of the decree have been violated, and the burden of proof always lies with the accuser. If you are found in contempt, the violator may be given a period of time to correct the issue or they may face jail time until the matter is resolved. If you ex is not paying alimony or child support due to unemployment, you can’t make your spouse pay if they do not bring in an income, however, past due child support will accrue.
Free Consultation with Divorce Lawyer in Utah
If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
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Does It Matter Who Files For Divorce First In Utah?
Ultimately it does not matter.
When marriages begin to fall apart, most spouses know that something is wrong. However, many spouses are hesitant to be the first one to file for divorce. Some are unsure about whether divorce is really the solution, others may wonder if they are being hasty and still others may just not know how to proceed. While people’s hesitation to file divorce is understandable, people considering divorce should be aware of the potential benefits that accompany being the first spouse to file for divorce.
Financial Benefits of Filing For Divorce First
Being the first spouse to file divorce means that a person can begin the proceedings at a time when he or she is financially prepared to do so. A person would have had time to collect copies of all important legal documents, such as deeds, bank and investment account statements, wills, life insurance policies, social security cards, titles to property. They will need these papers as part of the property division process, and it may be more difficult to obtain copies after the divorce starts. Also, a person can assess the family finances and determine the extent of their assets and debts, so they will have an accurate idea of what will be divided in the property division. People filing for divorce first also have the advantage of doing so after they have ensured that they have access to money and credit to meet their needs during the divorce process.
youtube
Possible Legal Benefits Of Filing First
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. Such an order prevents either spouse from making changes to beneficiaries on policies such as life insurance or retirement accounts, selling, borrowing against or transferring property, changing bank accounts and other similar financial moves. This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce. In situations where spouses have lived apart from each other for a substantial period of time, possibly great distances from each other, filing the divorce petition first can prevent having to conduct matters related to the divorce far away from where a person lives.
If the matter should go to a hearing, the person who files the petition usually presents his or her case first. This can be a drawback for a spouse if he or she does not wish to reveal his or her strategy to the other spouse. The other spouse then has the opportunity to adjust the presentation of his or her case after seeing the other side.
youtube
Advantages of Filing First
If you file the initial Utah divorce petition, the court considers you to be the petitioner. Being the petitioner can be beneficial for several reasons:
• You don’t have to scramble to select a divorce attorney in time to file a response.
• You get to choose a convenient start time and establish deadlines for the case.
• You have time to prepare for the financial costs of divorce.
• You may have more of an opportunity to protect community assets.
• You won’t have to worry about your spouse stalling the divorce.
Advantages of Being the Respondent
If your spouse serves you with divorce papers, you’re the respondent. While playing this role may not have as many obvious advantages, being the respondent can be beneficial because:
• You have a chance to review your spouse’s requests before making decisions.
• Your divorce attorney can build an effective strategy based on the petition.
youtube
• You save money on filing fees and, in some cases, on service fees. If you’re the respondent, you need to seek out legal counsel as soon as you’re served. You only have 21 days to respond if you were served in Utah, or 30 days if you were served outside of the state. If you fail to file a response within that time, the court may grant a default judgment, giving your spouse exactly what they have requested. Many people want to file first, but there are no consequences to being the respondent. Both parties in a Utah divorce are equal in the eyes of the law, and both have the opportunity to present their case. In the end, it won’t matter whether you’re the petitioner or respondent. Your Utah divorce attorney will be on your side, fighting for your rights and working to achieve the best possible outcome. If your marriage is over and you’re ready to file for divorce, having a skilled advocate in your corner is far more important than being the first to the courthouse.
The Divorce Process
youtube
A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.
Serving the Divorce Petition
The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.
Divorce Petition Response
The other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.
Final Steps of a Divorce
Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.
What is an Uncontested Divorce?
If you and your spouse are worried about expensive, protracted court hearings, you can probably relax. According to CBS News, only about 5% of cases ever make it to trial. Other sources cite the number as being less than 5%. While estimates vary depending on who you ask, it’s easy to see what they all share in common: they’re tiny. Even in the worst case scenario, the likelihood of going to trial is minimal. That being said, it’s certainly not unheard-of. The good news is that the course your divorce follows is largely up to you and your spouse. In order to understand why, you have to have a general understanding of the Utah divorce process.
First, the petitioner files a complaint (petition) for divorce, which initiates the legal process. The spouse on whom the petition is served is known as the respondent. Once the respondent has been served with divorce papers, he or she has just 21 days to file an answer. (Out-of-state respondents have 30 days.) The nature of the respondent’s answer can set the divorce down a few different paths:
youtube
• If the respondent fails to file an answer within the allotted time period, then the petitioner can ask the judge to grant a default judgment. Ignoring divorce papers will not stop the divorce from happening; it will simply strip the respondent of his or her legal ability to challenge the petitioner’s demands.
• If the respondent agrees to everything in the complaint, including requests for alimony and/or child support payments, then the divorce is uncontested. If a divorce is uncontested, you can move ahead with the divorce process by filing the appropriate forms. However, even if you and your spouse are able to agree on the petitioner’s proposals regarding division of property, child support, and so forth, it is prudent to retain a family law attorney to ensure the proper and timely filing of legal documents. Some of the documents you will need to file include:
• Acceptance of Service • Affidavit • Certificate of Divorce, Dissolution of Marriage, or Annulment • Financial Declaration • Stipulation • Summons • If the respondent disagrees with something in the complaint – for example, he or she wants to fight for sole custody instead of agreeing to joint custody – then the divorce is contested.
Even if aspects of the divorce are being disputed, it still doesn’t mean that trial is inevitable or even necessary. If you and your spouse initially disagree on how matters like custody, alimony, and division of property should be handled, then you will be sent to mandatory mediation. Mediation is not like litigation (going to court). In litigation, the parties stand in opposition to one another, and each party seeks a different outcome. A judge presides over the trial, and renders a judgment based on the facts which are presented. If the court’s orders aren’t obeyed for instance, if a spouse stops paying child support, rather than trying to have the terms of the support order modified then the non-compliant person is in contempt of court and can be fined and jailed. In mediation, a qualified mediator works with both parties to help them come to a resolution that both people can agree on. While mediation isn’t always effective, it does have several distinct advantages over litigation: it tends to be quicker, less expensive, and less formal. Plus, because mediation is inherently less adversarial than litigation, it can be desirable for divorcing spouses who want to stay on good terms for the sake of their children. Trial is essentially a last resort, the final method of resolving the disagreements between you and your spouse. If mediation fails to solve your disputed matters, it will become necessary to go to trial before a judge. You and your spouse are not officially divorced until the judge grants the final divorce decree. However, even at this stage, either party may appeal if he or she disagrees with some aspect of the judge’s decision. The notice of appeal must be filed within 30 days of the decree’s entry.
Divorce in Utah
If you enter into marriage under the age of 20 and/or have an income of less than 25,000, your risk of divorce skyrockets. Throw in a spouse losing their job or a surprise pregnancy, and your marriage may be doomed before it begins. Here in Utah, we have a tendency to marry quite young. The median age of marriage in the United States is 27 for women and 29 for men. Now compare that to the average age of marriage in Utah, which is 24 for women and 26 for men.
Utah’s divorce rates run slightly higher than the national average. Statistics often attribute this to Utah having larger families than the national average, citing more than 5% of families have 7+ family members compared to the 3.25 national averages (2013).
Utah Requires Divorcing Couples to Attend a Divorce Education Class Utah legislators have created a mandatory divorce orientation course that couples must complete. Your divorce cannot be finalized until both you and your significant other have completed the course. You are only required to take the divorce education class if there are minor children involved. The one-time class reviews resources for custody and child support issues, clarifies the divorce process, and consequences of divorce.
The news that you are getting divorced has spread through your church, neighborhood, and/or workplace, and we are a curious species. Don’t be surprised when people you barely know ask you why you the nitty-gritty on why you are getting divorced. There is much guilt and regret present in nearly every divorce. You may easily blame yourself because you run through all the things you could have done differently, because your children blame you, or you may feel guilty simply because you were the one who filed the divorce papers. This is normal!! Make a choice to move forward, and take care of yourself. Throughout the divorce process you will have good days and bad days. Feeling guilty or overwhelmed does not mean that you should give the other spouse everything. Doing so will probably not lessen the grief on either side, and you are still entitled to half of everything. Additionally, people may want to tell you their divorce horror stories. Please remember that every situation is different, and you shouldn’t let someone else’s negative experience stress you out. When you are feeling stressed, rely on professional advice from your family law attorney, mental health counselor, or financial advisor as they are qualified to give you answers pertaining to your specific situation.
Parenting after Divorce May Become More Difficult
There will be many disagreements maybe not fair or logical ones. There may be pain when you refer to your ex as “mommy” to your kids, however that is her name to them, and you need to be the adult about it. No matter what age your kids are, please practice high levels of self-control and not bad mouth the other parent in front of your children. You may think with the other spouse out of the picture, that you can make all parenting decisions by yourself. If you’re granted sole legal custody, then you can make major decision about the kid(s) by yourself. Having sole physical custody simply means that you are the parent the kid(s) live with. Make a choice to try to co-parent as best you can. If you can’t get along, you may need to have separate birthdays, and the more times in your kids’ lives you are going to miss out on. Just because you are divorced, doesn’t mean that you have to be enemies.
If the Utah Divorce Decree is Violated, There can be Serious Consequences. Once the court has ruled and the papers have been signed, both parties are bound to the terms set forth in the divorce decree. Violating any part of the agreement may put the violator in contempt of court, and your family law attorney can help you file a contempt motion. The most common divorce violations are non-payment of child support, not complying with the visitation schedule, withholding visitation, and non-payment of alimony. If your ex does not bring the kids back at the time set forth in the divorce decree, the police will not help you bring them back unless there is an immediate threat to them. What the police will do is come to your house and makes a record of “visitation interference,” which your family law attorney can use as evidence in a contempt hearing. In your court hearing you must be able to state what areas of the decree have been violated, and the burden of proof always lies with the accuser. If you are found in contempt, the violator may be given a period of time to correct the issue or they may face jail time until the matter is resolved. If you ex is not paying alimony or child support due to unemployment, you can’t make your spouse pay if they do not bring in an income, however, past due child support will accrue.
Free Consultation with Divorce Lawyer in Utah
If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Why Should I Get A Legal Separation In Utah?
Lawyers In Salt Lake City
Utah Divorce Mediation Attorney
Which Bankruptcy Is The Worst?
How Much Does It Cost For Estate Planning?
Do You Always Lose Your License After A DUI?
Source: https://www.ascentlawfirm.com/does-it-matter-who-files-for-divorce-first-in-utah/
0 notes
Text
Does It Matter Who Files For Divorce First In Utah?
Ultimately it does not matter.
When marriages begin to fall apart, most spouses know that something is wrong. However, many spouses are hesitant to be the first one to file for divorce. Some are unsure about whether divorce is really the solution, others may wonder if they are being hasty and still others may just not know how to proceed. While people’s hesitation to file divorce is understandable, people considering divorce should be aware of the potential benefits that accompany being the first spouse to file for divorce.
Financial Benefits of Filing For Divorce First
Being the first spouse to file divorce means that a person can begin the proceedings at a time when he or she is financially prepared to do so. A person would have had time to collect copies of all important legal documents, such as deeds, bank and investment account statements, wills, life insurance policies, social security cards, titles to property. They will need these papers as part of the property division process, and it may be more difficult to obtain copies after the divorce starts. Also, a person can assess the family finances and determine the extent of their assets and debts, so they will have an accurate idea of what will be divided in the property division. People filing for divorce first also have the advantage of doing so after they have ensured that they have access to money and credit to meet their needs during the divorce process.
youtube
Possible Legal Benefits Of Filing First
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. Such an order prevents either spouse from making changes to beneficiaries on policies such as life insurance or retirement accounts, selling, borrowing against or transferring property, changing bank accounts and other similar financial moves. This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce. In situations where spouses have lived apart from each other for a substantial period of time, possibly great distances from each other, filing the divorce petition first can prevent having to conduct matters related to the divorce far away from where a person lives.
If the matter should go to a hearing, the person who files the petition usually presents his or her case first. This can be a drawback for a spouse if he or she does not wish to reveal his or her strategy to the other spouse. The other spouse then has the opportunity to adjust the presentation of his or her case after seeing the other side.
youtube
Advantages of Filing First
If you file the initial Utah divorce petition, the court considers you to be the petitioner. Being the petitioner can be beneficial for several reasons:
• You don’t have to scramble to select a divorce attorney in time to file a response.
• You get to choose a convenient start time and establish deadlines for the case.
• You have time to prepare for the financial costs of divorce.
• You may have more of an opportunity to protect community assets.
• You won’t have to worry about your spouse stalling the divorce.
Advantages of Being the Respondent
If your spouse serves you with divorce papers, you’re the respondent. While playing this role may not have as many obvious advantages, being the respondent can be beneficial because:
• You have a chance to review your spouse’s requests before making decisions.
• Your divorce attorney can build an effective strategy based on the petition.
youtube
• You save money on filing fees and, in some cases, on service fees. If you’re the respondent, you need to seek out legal counsel as soon as you’re served. You only have 21 days to respond if you were served in Utah, or 30 days if you were served outside of the state. If you fail to file a response within that time, the court may grant a default judgment, giving your spouse exactly what they have requested. Many people want to file first, but there are no consequences to being the respondent. Both parties in a Utah divorce are equal in the eyes of the law, and both have the opportunity to present their case. In the end, it won’t matter whether you’re the petitioner or respondent. Your Utah divorce attorney will be on your side, fighting for your rights and working to achieve the best possible outcome. If your marriage is over and you’re ready to file for divorce, having a skilled advocate in your corner is far more important than being the first to the courthouse.
The Divorce Process
youtube
A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.
Serving the Divorce Petition
The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.
Divorce Petition Response
The other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.
Final Steps of a Divorce
Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.
What is an Uncontested Divorce?
If you and your spouse are worried about expensive, protracted court hearings, you can probably relax. According to CBS News, only about 5% of cases ever make it to trial. Other sources cite the number as being less than 5%. While estimates vary depending on who you ask, it’s easy to see what they all share in common: they’re tiny. Even in the worst case scenario, the likelihood of going to trial is minimal. That being said, it’s certainly not unheard-of. The good news is that the course your divorce follows is largely up to you and your spouse. In order to understand why, you have to have a general understanding of the Utah divorce process.
First, the petitioner files a complaint (petition) for divorce, which initiates the legal process. The spouse on whom the petition is served is known as the respondent. Once the respondent has been served with divorce papers, he or she has just 21 days to file an answer. (Out-of-state respondents have 30 days.) The nature of the respondent’s answer can set the divorce down a few different paths:
youtube
• If the respondent fails to file an answer within the allotted time period, then the petitioner can ask the judge to grant a default judgment. Ignoring divorce papers will not stop the divorce from happening; it will simply strip the respondent of his or her legal ability to challenge the petitioner’s demands.
• If the respondent agrees to everything in the complaint, including requests for alimony and/or child support payments, then the divorce is uncontested. If a divorce is uncontested, you can move ahead with the divorce process by filing the appropriate forms. However, even if you and your spouse are able to agree on the petitioner’s proposals regarding division of property, child support, and so forth, it is prudent to retain a family law attorney to ensure the proper and timely filing of legal documents. Some of the documents you will need to file include:
• Acceptance of Service • Affidavit • Certificate of Divorce, Dissolution of Marriage, or Annulment • Financial Declaration • Stipulation • Summons • If the respondent disagrees with something in the complaint – for example, he or she wants to fight for sole custody instead of agreeing to joint custody – then the divorce is contested.
Even if aspects of the divorce are being disputed, it still doesn’t mean that trial is inevitable or even necessary. If you and your spouse initially disagree on how matters like custody, alimony, and division of property should be handled, then you will be sent to mandatory mediation. Mediation is not like litigation (going to court). In litigation, the parties stand in opposition to one another, and each party seeks a different outcome. A judge presides over the trial, and renders a judgment based on the facts which are presented. If the court’s orders aren’t obeyed for instance, if a spouse stops paying child support, rather than trying to have the terms of the support order modified then the non-compliant person is in contempt of court and can be fined and jailed. In mediation, a qualified mediator works with both parties to help them come to a resolution that both people can agree on. While mediation isn’t always effective, it does have several distinct advantages over litigation: it tends to be quicker, less expensive, and less formal. Plus, because mediation is inherently less adversarial than litigation, it can be desirable for divorcing spouses who want to stay on good terms for the sake of their children. Trial is essentially a last resort, the final method of resolving the disagreements between you and your spouse. If mediation fails to solve your disputed matters, it will become necessary to go to trial before a judge. You and your spouse are not officially divorced until the judge grants the final divorce decree. However, even at this stage, either party may appeal if he or she disagrees with some aspect of the judge’s decision. The notice of appeal must be filed within 30 days of the decree’s entry.
Divorce in Utah
If you enter into marriage under the age of 20 and/or have an income of less than 25,000, your risk of divorce skyrockets. Throw in a spouse losing their job or a surprise pregnancy, and your marriage may be doomed before it begins. Here in Utah, we have a tendency to marry quite young. The median age of marriage in the United States is 27 for women and 29 for men. Now compare that to the average age of marriage in Utah, which is 24 for women and 26 for men.
Utah’s divorce rates run slightly higher than the national average. Statistics often attribute this to Utah having larger families than the national average, citing more than 5% of families have 7+ family members compared to the 3.25 national averages (2013).
Utah Requires Divorcing Couples to Attend a Divorce Education Class Utah legislators have created a mandatory divorce orientation course that couples must complete. Your divorce cannot be finalized until both you and your significant other have completed the course. You are only required to take the divorce education class if there are minor children involved. The one-time class reviews resources for custody and child support issues, clarifies the divorce process, and consequences of divorce.
The news that you are getting divorced has spread through your church, neighborhood, and/or workplace, and we are a curious species. Don’t be surprised when people you barely know ask you why you the nitty-gritty on why you are getting divorced. There is much guilt and regret present in nearly every divorce. You may easily blame yourself because you run through all the things you could have done differently, because your children blame you, or you may feel guilty simply because you were the one who filed the divorce papers. This is normal!! Make a choice to move forward, and take care of yourself. Throughout the divorce process you will have good days and bad days. Feeling guilty or overwhelmed does not mean that you should give the other spouse everything. Doing so will probably not lessen the grief on either side, and you are still entitled to half of everything. Additionally, people may want to tell you their divorce horror stories. Please remember that every situation is different, and you shouldn’t let someone else’s negative experience stress you out. When you are feeling stressed, rely on professional advice from your family law attorney, mental health counselor, or financial advisor as they are qualified to give you answers pertaining to your specific situation.
Parenting after Divorce May Become More Difficult
There will be many disagreements maybe not fair or logical ones. There may be pain when you refer to your ex as “mommy” to your kids, however that is her name to them, and you need to be the adult about it. No matter what age your kids are, please practice high levels of self-control and not bad mouth the other parent in front of your children. You may think with the other spouse out of the picture, that you can make all parenting decisions by yourself. If you’re granted sole legal custody, then you can make major decision about the kid(s) by yourself. Having sole physical custody simply means that you are the parent the kid(s) live with. Make a choice to try to co-parent as best you can. If you can’t get along, you may need to have separate birthdays, and the more times in your kids’ lives you are going to miss out on. Just because you are divorced, doesn’t mean that you have to be enemies.
If the Utah Divorce Decree is Violated, There can be Serious Consequences. Once the court has ruled and the papers have been signed, both parties are bound to the terms set forth in the divorce decree. Violating any part of the agreement may put the violator in contempt of court, and your family law attorney can help you file a contempt motion. The most common divorce violations are non-payment of child support, not complying with the visitation schedule, withholding visitation, and non-payment of alimony. If your ex does not bring the kids back at the time set forth in the divorce decree, the police will not help you bring them back unless there is an immediate threat to them. What the police will do is come to your house and makes a record of “visitation interference,” which your family law attorney can use as evidence in a contempt hearing. In your court hearing you must be able to state what areas of the decree have been violated, and the burden of proof always lies with the accuser. If you are found in contempt, the violator may be given a period of time to correct the issue or they may face jail time until the matter is resolved. If you ex is not paying alimony or child support due to unemployment, you can’t make your spouse pay if they do not bring in an income, however, past due child support will accrue.
Free Consultation with Divorce Lawyer in Utah
If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We want to help you.
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from Michael Anderson https://www.ascentlawfirm.com/does-it-matter-who-files-for-divorce-first-in-utah/
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Are there any assistance programs for people with no health insurance?
Are there any assistance programs for people with no health insurance?
I m 20, non-smoker, and I don t have health insurance. I have asthma and have a few other things that need taken care of but I can t afford insurance. I used to get advair when I had insurance and I still need it. Is there any way to get help just paying a portion of it and having a prescription? Same for antibiotics- can I just pay out of pocket for the doctor appointment and prescription and get help paying for the medicine through some type of program? I m really struggling but I want to avoid getting on welfare at all possible costs. Let me know if you need more details and thank you everyone!
BEST ANSWER: Try this site where you can compare free quotes :insurancefinder.xyz
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I m 20, non-smoker, and I don t have health insurance. I have asthma and have a few other things that need taken care of but I can t afford insurance. I used to get advair when I had insurance and I still need it. Is there any way to get help just paying a portion of it and having a prescription? Same for antibiotics- can I just pay out of pocket for the doctor appointment and prescription and get help paying for the medicine through some type of program? I m really struggling but I want to avoid getting on welfare at all possible costs. Let me know if you need more details and thank you everyone!
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I m 20, non-smoker, and I don t have health insurance. I have asthma and have a few other things that need taken care of but I can t afford insurance. I used to get advair when I had insurance and I still need it. Is there any way to get help just paying a portion of it and having a prescription? Same for antibiotics- can I just pay out of pocket for the doctor appointment and prescription and get help paying for the medicine through some type of program? I m really struggling but I want to avoid getting on welfare at all possible costs. Let me know if you need more details and thank you everyone!
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Asset Protection from Medical Bills
In a new and ironic twist, a growing number of individuals are now legally protecting themselves from their doctors. The idea may be surprising, but with rapidly disappearing health coverage, medical expenses are now a realistic and high probability threat to the lifetime savings of millions of Americans. As an asset protection lawyer, I was surprised at first, but then I saw something. Just as physicians have been diligent about planning to minimize their malpractice liability risks, now patients are anticipating and protecting themselves against the serious financial consequences of unforeseen medical expenses.
No one doubts that there’s a monumental crisis in health care coverage. Forty-five million Americans have no medical insurance and even those with group or private policies are sometimes stuck with unexpected and un-payable bills. Higher deductibles and co-pays can easily balloon out-of-pocket costs beyond anything anticipated. Even those who think they have solid insurance, in a good plan, may find out, when it’s too late, that their coverage means a lot less than they thought. Every day we hear stories from clients and the news about insurers refusing payment during or after treatment. In a recent CBS News report about one of the nation’s largest insurers, Richard Blumenthal, Connecticut Attorney General, declared that “The company [Assurant Health] offers the illusion of coverage while challenging any large claim.” In the report, a former claims adjuster revealed that it was company policy to scrutinize any significant claim, often manufacturing excuses to avoid payment. Unfortunately, despite a few notable fines and lawsuit settlements, these hardball tactics appear to be the normal course of business for at least some insurers.
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When Patients Can’t Pay
What happens when a large medical bill can’t be paid? Usually the outcome is a lawsuit filed by the hospital or collection agency with a judgment and a lien filed against the patient’s home and accounts. In most states, a percentage of the debtor’s employment earnings can be garnished. Generally, before this point is reached, the patient files a personal bankruptcy to stop the wage garnishment and wipe out the medical bills and other accumulated debts. But that requires that he give up all of his assets including savings accounts, real estate and equity in his home. These assets, except those that are specifically exempt, are turned over to the Court and divided among the creditors.
According to a 2005 study by Harvard University, about half of the 1.5 million annual bankruptcy filings are caused by illness and medical bills. And surprisingly, three fourths of those had health insurance at the start of the illness which triggered the filing. “Unless you’re Bill Gates, you’re just one serious illness away from bankruptcy”, said Dr. David Himmelstein, the study’s lead author and an associate professor of medicine. “Most of the medically bankrupt were average Americans who happened to get sick.”
How Patients Protect Themselves
The high level of financial risk posed by an unpredictable medical event is now leading patients to take steps to protect their savings from this threat. For instance, I met with Mr. and Mrs. X last week, a couple in their early 50s. They have about $300,000 of equity in their home and $200,000 in savings. Mr. X is self-employed and Mrs. X works for a small company. Both are covered under her group plan, but, with rising costs, the company might cut back or terminate the plan sometime soon. Individual policies may be available at that point but the cost and extent of the coverage is unknown. The goal of their planning is to protect their savings from large, unexpected bills at any point in the future. Asset protection, using techniques such as a Family Savings Trust can effectively shield savings from these events, but the planning must be completed before the fact. If bills have been incurred, or expenses loom, planning is too late at that point.
How to protect your assets from unexpected medical bills and claims
Of course the real solution to the problem is for everyone to have affordable insurance which covers any health care costs. However, it’s almost impossible to imagine a scenario in which competing financial and political interests are able to agree and implement a worthwhile plan, at least for the foreseeable future. For now, many believe that their only reasonable choice is asset protection to minimize these risks. Early planning and advice from a knowledgeable local attorney are essential to the success of these measures.
Free Consultation with Asset Protection Lawyer
When you are ready to protect your assets, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC8833 S. Redwood Road, Suite CWest Jordan, Utah 84088 United StatesTelephone: (801) 676-5506
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Repost: http://www.ascentlawfirm.com/asset-protection-from-medical-bills/ “Steven E. Rush / Divorce Lawyer Utah” http://www.ascentlawfirm.com/
Repost: https://stevenrushutah.wordpress.com/2018/01/30/asset-protection-from-medical-bills-2/ * Steven E. Rush * https://stevenrushutah.wordpress.com/
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People on Twitter took Housing and Urban Development Secretary Ben Carson to task after he said that poverty was a “state of mind.”
The neurosurgeon, who previously caught heat for suggesting that slaves who were brought to America were “immigrants,” made the controversial comment during a SiriusXM Radio interview with Armstrong Williams released Wednesday.
Listen to the clip here:
”I think poverty to a large extent is also a state of mind,” said Carson. “You take somebody that has the right mindset, you can take everything from them and put them on the street, and I guarantee you in a little while they’ll be right back up there.”
Carson’s comments sparked anger among Twitter users, including “Star Trek” actor George Takei. Here’s a sampling:
Ben Carson says that poverty is a "state of mind." You know what else is a state of mind? Always being a blithering idiot.
— George Takei (@GeorgeTakei) May 24, 2017
Dear @SecretaryCarson, States of mind: ✔️ Happy ✔️ Sad ✔️ New York NOT a state of mind: ❌ Systemic poverty https://t.co/HAuQrNzvTL
— Nita Lowey (@NitaLowey) May 24, 2017
@WajahatAli @whattheshihtzu Im gonna use my "state of mind" to do all my farm work for me. Why have I not thought of this before. Gonna dream up lobster too.
— Teemedome (@teemedome) May 25, 2017
Huh. We say poverty is the condition of having little or no money, goods, or means of support.https://t.co/HBXsKo83sQ https://t.co/IRdMSW93eC
— Dictionary.com (@Dictionarycom) May 24, 2017
So is hunger apparently. Let's Jedi Mind trick ourselves into eating a steak. https://t.co/t20slNjhIF
— Wajahat Ali (@WajahatAli) May 24, 2017
If poverty is "a state of mind" then so is wealth. So how about Ben Carson trade places with someone impoverished and show us how it's done.
— Nut Job (@MacSmiff) May 24, 2017
Let's have him swap with a family living below the poverty line for - meeehhh - 3 months & see what he says then. https://t.co/P7AKwz0tJj
— Nemesis Resis☨ (@LaPajamas) May 24, 2017
I just imagined a few million into my bank account, thanks Ben Carson https://t.co/uYqFjQwWXR
— thomas a moore (@Thomas_A_Moore) May 24, 2017
Ben Carson said poverty is a state of mind. Next month, I'm going to tell my landlord that I paid my rent with positive thinking!
— Zerlina Maxwell (@ZerlinaMaxwell) May 24, 2017
Ben Carson says you can think your way out of poverty, time to start thinking hard. http://pic.twitter.com/eM0Hc6oHRs
— Ryan (@ryanztweetz) May 24, 2017
@washingtonpost Ben Carson is an idiot! Let him live in poverty for a year & then get a comment from him! Are poor people suppose to mediate out of poverty?
— Doc CB (@cbeidson) May 24, 2017
Ben Carson says that poverty is a "state of mind." Tell that to my low-income students whose parents struggle w/the basic necessities.
— Talia (@2020fight) May 25, 2017
Ben Carson said poverty is a state of mind. The 45 million people living below the poverty line should just smile themselves to wealth.
— Michael, still here (@Home_Halfway) May 24, 2017
Ben Carson says poverty is a state of mind, so next month try paying your rent with The Force
— Bobby Big Wheel (@BobbyBigWheel) May 25, 2017
Ben Carson thinking that poverty is a mindset is a pretentious dismissal of the struggle that millions of working parents go through.
— Simar (@sahluwal) May 24, 2017
If poverty is a "state of mind" Ben Carson, why don't we put you in our lower class's shoes and you can just "think" your way out of it?
— Christian Tall (@ChristianLTall) May 25, 2017
On a serious note, poverty is physically&very mentally exhausting. Ppl like Ben Carson don't have a clue on how hard it is to live w/no hope
— Tina-TheResistance (@trcfwtt) May 25, 2017
Ben Carson called poverty a state of mind. No, sir stupidity is a state of mind. Perhaps you should go see a neurosurgeon.......
— Lynn V. (@lynnv378) May 24, 2017
type=type=RelatedArticlesblockTitle=Related Coverage + articlesList=58a819c8e4b07602ad55072c,58c7f65fe4b081a56def692d,59255c2be4b00c8df2a02ff5,59257020e4b0ec129d30dfa2
-- This feed and its contents are the property of The Huffington Post, and use is subject to our terms. It may be used for personal consumption, but may not be distributed on a website.
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Twitter Roasts Ben Carson For Saying Poverty Is A ‘State Of Mind'
People on Twitter took Housing and Urban Development Secretary Ben Carson to task after he said that poverty was a “state of mind.”
The neurosurgeon, who previously caught heat for suggesting that slaves who were brought to America were “immigrants,” made the controversial comment during a SiriusXM Radio interview with Armstrong Williams released Wednesday.
Listen to the clip here:
”I think poverty to a large extent is also a state of mind,” said Carson. “You take somebody that has the right mindset, you can take everything from them and put them on the street, and I guarantee you in a little while they’ll be right back up there.”
Carson’s comments sparked anger among Twitter users, including “Star Trek” actor George Takei. Here’s a sampling:
Ben Carson says that poverty is a "state of mind." You know what else is a state of mind? Always being a blithering idiot.
— George Takei (@GeorgeTakei) May 24, 2017
Dear @SecretaryCarson, States of mind: ✔️ Happy ✔️ Sad ✔️ New York NOT a state of mind: ❌ Systemic poverty https://t.co/HAuQrNzvTL
— Nita Lowey (@NitaLowey) May 24, 2017
@WajahatAli @whattheshihtzu Im gonna use my "state of mind" to do all my farm work for me. Why have I not thought of this before. Gonna dream up lobster too.
— Teemedome (@teemedome) May 25, 2017
Huh. We say poverty is the condition of having little or no money, goods, or means of support.https://t.co/HBXsKo83sQ https://t.co/IRdMSW93eC
— Dictionary.com (@Dictionarycom) May 24, 2017
So is hunger apparently. Let's Jedi Mind trick ourselves into eating a steak. https://t.co/t20slNjhIF
— Wajahat Ali (@WajahatAli) May 24, 2017
If poverty is "a state of mind" then so is wealth. So how about Ben Carson trade places with someone impoverished and show us how it's done.
— Nut Job (@MacSmiff) May 24, 2017
Let's have him swap with a family living below the poverty line for - meeehhh - 3 months & see what he says then. https://t.co/P7AKwz0tJj
— Nemesis Resis☨ (@LaPajamas) May 24, 2017
I just imagined a few million into my bank account, thanks Ben Carson https://t.co/uYqFjQwWXR
— thomas a moore (@Thomas_A_Moore) May 24, 2017
Ben Carson said poverty is a state of mind. Next month, I'm going to tell my landlord that I paid my rent with positive thinking!
— Zerlina Maxwell (@ZerlinaMaxwell) May 24, 2017
Ben Carson says you can think your way out of poverty, time to start thinking hard. http://pic.twitter.com/eM0Hc6oHRs
— Ryan (@ryanztweetz) May 24, 2017
@washingtonpost Ben Carson is an idiot! Let him live in poverty for a year & then get a comment from him! Are poor people suppose to mediate out of poverty?
— Doc CB (@cbeidson) May 24, 2017
Ben Carson says that poverty is a "state of mind." Tell that to my low-income students whose parents struggle w/the basic necessities.
— Talia (@2020fight) May 25, 2017
Ben Carson said poverty is a state of mind. The 45 million people living below the poverty line should just smile themselves to wealth.
— Michael, still here (@Home_Halfway) May 24, 2017
Ben Carson says poverty is a state of mind, so next month try paying your rent with The Force
— Bobby Big Wheel (@BobbyBigWheel) May 25, 2017
Ben Carson thinking that poverty is a mindset is a pretentious dismissal of the struggle that millions of working parents go through.
— Simar (@sahluwal) May 24, 2017
If poverty is a "state of mind" Ben Carson, why don't we put you in our lower class's shoes and you can just "think" your way out of it?
— Christian Tall (@ChristianLTall) May 25, 2017
On a serious note, poverty is physically&very mentally exhausting. Ppl like Ben Carson don't have a clue on how hard it is to live w/no hope
— Tina-TheResistance (@trcfwtt) May 25, 2017
Ben Carson called poverty a state of mind. No, sir stupidity is a state of mind. Perhaps you should go see a neurosurgeon.......
— Lynn V. (@lynnv378) May 24, 2017
type=type=RelatedArticlesblockTitle=Related Coverage + articlesList=58a819c8e4b07602ad55072c,58c7f65fe4b081a56def692d,59255c2be4b00c8df2a02ff5,59257020e4b0ec129d30dfa2
-- This feed and its contents are the property of The Huffington Post, and use is subject to our terms. It may be used for personal consumption, but may not be distributed on a website.
from DIYS http://ift.tt/2qmJY4m
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Text
Twitter Roasts Ben Carson For Saying Poverty Is A ‘State Of Mind'
People on Twitter took Housing and Urban Development Secretary Ben Carson to task after he said that poverty was a “state of mind.”
The neurosurgeon, who previously caught heat for suggesting that slaves who were brought to America were “immigrants,” made the controversial comment during a SiriusXM Radio interview with Armstrong Williams released Wednesday.
Listen to the clip here:
”I think poverty to a large extent is also a state of mind,” said Carson. “You take somebody that has the right mindset, you can take everything from them and put them on the street, and I guarantee you in a little while they’ll be right back up there.”
Carson’s comments sparked anger among Twitter users, including “Star Trek” actor George Takei. Here’s a sampling:
Ben Carson says that poverty is a "state of mind." You know what else is a state of mind? Always being a blithering idiot.
— George Takei (@GeorgeTakei) May 24, 2017
Dear @SecretaryCarson, States of mind: ✔️ Happy ✔️ Sad ✔️ New York NOT a state of mind: ❌ Systemic poverty https://t.co/HAuQrNzvTL
— Nita Lowey (@NitaLowey) May 24, 2017
@WajahatAli @whattheshihtzu Im gonna use my "state of mind" to do all my farm work for me. Why have I not thought of this before. Gonna dream up lobster too.
— Teemedome (@teemedome) May 25, 2017
Huh. We say poverty is the condition of having little or no money, goods, or means of support.https://t.co/HBXsKo83sQ https://t.co/IRdMSW93eC
— Dictionary.com (@Dictionarycom) May 24, 2017
So is hunger apparently. Let's Jedi Mind trick ourselves into eating a steak. https://t.co/t20slNjhIF
— Wajahat Ali (@WajahatAli) May 24, 2017
If poverty is "a state of mind" then so is wealth. So how about Ben Carson trade places with someone impoverished and show us how it's done.
— Nut Job (@MacSmiff) May 24, 2017
Let's have him swap with a family living below the poverty line for - meeehhh - 3 months & see what he says then. https://t.co/P7AKwz0tJj
— Nemesis Resis☨ (@LaPajamas) May 24, 2017
I just imagined a few million into my bank account, thanks Ben Carson https://t.co/uYqFjQwWXR
— thomas a moore (@Thomas_A_Moore) May 24, 2017
Ben Carson said poverty is a state of mind. Next month, I'm going to tell my landlord that I paid my rent with positive thinking!
— Zerlina Maxwell (@ZerlinaMaxwell) May 24, 2017
Ben Carson says you can think your way out of poverty, time to start thinking hard. http://pic.twitter.com/eM0Hc6oHRs
— Ryan (@ryanztweetz) May 24, 2017
@washingtonpost Ben Carson is an idiot! Let him live in poverty for a year & then get a comment from him! Are poor people suppose to mediate out of poverty?
— Doc CB (@cbeidson) May 24, 2017
Ben Carson says that poverty is a "state of mind." Tell that to my low-income students whose parents struggle w/the basic necessities.
— Talia (@2020fight) May 25, 2017
Ben Carson said poverty is a state of mind. The 45 million people living below the poverty line should just smile themselves to wealth.
— Michael, still here (@Home_Halfway) May 24, 2017
Ben Carson says poverty is a state of mind, so next month try paying your rent with The Force
— Bobby Big Wheel (@BobbyBigWheel) May 25, 2017
Ben Carson thinking that poverty is a mindset is a pretentious dismissal of the struggle that millions of working parents go through.
— Simar (@sahluwal) May 24, 2017
If poverty is a "state of mind" Ben Carson, why don't we put you in our lower class's shoes and you can just "think" your way out of it?
— Christian Tall (@ChristianLTall) May 25, 2017
On a serious note, poverty is physically&very mentally exhausting. Ppl like Ben Carson don't have a clue on how hard it is to live w/no hope
— Tina-TheResistance (@trcfwtt) May 25, 2017
Ben Carson called poverty a state of mind. No, sir stupidity is a state of mind. Perhaps you should go see a neurosurgeon.......
— Lynn V. (@lynnv378) May 24, 2017
type=type=RelatedArticlesblockTitle=Related Coverage + articlesList=58a819c8e4b07602ad55072c,58c7f65fe4b081a56def692d,59255c2be4b00c8df2a02ff5,59257020e4b0ec129d30dfa2
-- This feed and its contents are the property of The Huffington Post, and use is subject to our terms. It may be used for personal consumption, but may not be distributed on a website.
from DIYS http://ift.tt/2qmJY4m
0 notes
Text
Twitter Roasts Ben Carson For Saying Poverty Is A ‘State Of Mind'
People on Twitter took Housing and Urban Development Secretary Ben Carson to task after he said that poverty was a “state of mind.”
The neurosurgeon, who previously caught heat for suggesting that slaves who were brought to America were “immigrants,” made the controversial comment during a SiriusXM Radio interview with Armstrong Williams released Wednesday.
Listen to the clip here:
”I think poverty to a large extent is also a state of mind,” said Carson. “You take somebody that has the right mindset, you can take everything from them and put them on the street, and I guarantee you in a little while they’ll be right back up there.”
Carson’s comments sparked anger among Twitter users, including “Star Trek” actor George Takei. Here’s a sampling:
Ben Carson says that poverty is a "state of mind." You know what else is a state of mind? Always being a blithering idiot.
— George Takei (@GeorgeTakei) May 24, 2017
Dear @SecretaryCarson, States of mind: ✔️ Happy ✔️ Sad ✔️ New York NOT a state of mind: ❌ Systemic poverty https://t.co/HAuQrNzvTL
— Nita Lowey (@NitaLowey) May 24, 2017
@WajahatAli @whattheshihtzu Im gonna use my "state of mind" to do all my farm work for me. Why have I not thought of this before. Gonna dream up lobster too.
— Teemedome (@teemedome) May 25, 2017
Huh. We say poverty is the condition of having little or no money, goods, or means of support.https://t.co/HBXsKo83sQ https://t.co/IRdMSW93eC
— Dictionary.com (@Dictionarycom) May 24, 2017
So is hunger apparently. Let's Jedi Mind trick ourselves into eating a steak. https://t.co/t20slNjhIF
— Wajahat Ali (@WajahatAli) May 24, 2017
If poverty is "a state of mind" then so is wealth. So how about Ben Carson trade places with someone impoverished and show us how it's done.
— Nut Job (@MacSmiff) May 24, 2017
Let's have him swap with a family living below the poverty line for - meeehhh - 3 months & see what he says then. https://t.co/P7AKwz0tJj
— Nemesis Resis☨ (@LaPajamas) May 24, 2017
I just imagined a few million into my bank account, thanks Ben Carson https://t.co/uYqFjQwWXR
— thomas a moore (@Thomas_A_Moore) May 24, 2017
Ben Carson said poverty is a state of mind. Next month, I'm going to tell my landlord that I paid my rent with positive thinking!
— Zerlina Maxwell (@ZerlinaMaxwell) May 24, 2017
Ben Carson says you can think your way out of poverty, time to start thinking hard. http://pic.twitter.com/eM0Hc6oHRs
— Ryan (@ryanztweetz) May 24, 2017
@washingtonpost Ben Carson is an idiot! Let him live in poverty for a year & then get a comment from him! Are poor people suppose to mediate out of poverty?
— Doc CB (@cbeidson) May 24, 2017
Ben Carson says that poverty is a "state of mind." Tell that to my low-income students whose parents struggle w/the basic necessities.
— Talia (@2020fight) May 25, 2017
Ben Carson said poverty is a state of mind. The 45 million people living below the poverty line should just smile themselves to wealth.
— Michael, still here (@Home_Halfway) May 24, 2017
Ben Carson says poverty is a state of mind, so next month try paying your rent with The Force
— Bobby Big Wheel (@BobbyBigWheel) May 25, 2017
Ben Carson thinking that poverty is a mindset is a pretentious dismissal of the struggle that millions of working parents go through.
— Simar (@sahluwal) May 24, 2017
If poverty is a "state of mind" Ben Carson, why don't we put you in our lower class's shoes and you can just "think" your way out of it?
— Christian Tall (@ChristianLTall) May 25, 2017
On a serious note, poverty is physically&very mentally exhausting. Ppl like Ben Carson don't have a clue on how hard it is to live w/no hope
— Tina-TheResistance (@trcfwtt) May 25, 2017
Ben Carson called poverty a state of mind. No, sir stupidity is a state of mind. Perhaps you should go see a neurosurgeon.......
— Lynn V. (@lynnv378) May 24, 2017
type=type=RelatedArticlesblockTitle=Related Coverage + articlesList=58a819c8e4b07602ad55072c,58c7f65fe4b081a56def692d,59255c2be4b00c8df2a02ff5,59257020e4b0ec129d30dfa2
-- This feed and its contents are the property of The Huffington Post, and use is subject to our terms. It may be used for personal consumption, but may not be distributed on a website.
from DIYS http://ift.tt/2qmJY4m
0 notes