#the only reason south dakota separated from north dakota was because they had enough of a population to become an individual state by thems
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do you have any state ocs?
Hmmmm okay so like I have complicated feelings on American states and the US as a whole tbh
(Obligatory Disclaimer: none of this is hate or trying to incite hate on other ppl’s state ocs!!! I like seeing em and think they’re really cool! this is mostly me talking about nationhood, culture, and American Imperialism in North America!)
From how I personify nations, I would say that for a nation personification to arise, a group would need a cohesive and distinct identity, whether it be cultural, social, political. Already, this is pretty complicated- how do you judge whether or an identity is distinct or cohesive enough to warrant personifying and by what metrics? Can’t a previous representation just represent them all? I judge it case by case, but this is also the sort of thing that requires the hindsight of actual centuries to decide whether said identity ends up becoming substantial enough, and even then we’re still gonna have the same argument of when exactly a nation came into being- for the US, at most you’re gonna have the hindsight of 500~ years, and you gotta also remember that nations and their identities change over time and continue to change to this day.
If we’re working from the logic that nations start as a distinct socio-cultural group, by personifying states in that manner, I would be essentially agreeing with the divisions of these states, affirming that “yeah, this state’s identity is cohesive enough that there could be a personification for it” when in reality, many (though not all!) of these divisions were created to carve up stolen land and give it to settlers, and not really based on any cultural divides. A white Anglo settler from, say, Indiana would have a lot more in common with a white Anglo Settler from Missouri, than they would with a Potawatomi who lives in the same “nation” (in the sense of a cohesive identity) as Anglo settler no. 1. In certain cases, states were divided up on the basis that it was just too hard to govern all that stolen land from one political center (see the Carolinas)
It’s also worth nothing that state identities aren’t super strong in a lot of cases- You got Texas over there, but there’s not exactly a very distinct Iowan identity; at least, not one that’s very different from the general midwestern identity? (I’m gonna make some Midwesterners mad and firstly, I’m sorry, but secondly, it does really show you how controversial and inherently political and biased it is choosing what nations/peoples to personify and which to not) And don’t even get me started on cultural distinctions and divisions within the states themselves! (See North Florida vs Southern Florida, as well as Norcal vs Socal)
These are the primary problems I have with going the route of personifying states by making them embody the “dominant” group of a state. Many times, I’ve found myself with the question “Do I really need the umpteenth white settler personification?” (and sometimes, the answer to that is yes! The Puritans from England that settled the New England Region are very different from the Mormons that moved out west) This route also runs the risk of making it look like the contributions of non-white groups are being diminished without supplementary personifications.
Some may go another route of having another, preceding group, say an Indigenous American people, represent the state in order to build off a different cultural identity and avoid the problem of redundant personifications, and there are certain cases where I think it works! (See Hawaii) But for others, not so much; said Indigenous American people or other peoples might not feel any connection or kinship with the wider state (see Utah and the Ute people)
I guess what I’m saying at the end of the day is that a lot of these boundaries and lines that make up states are ultimately hollow and don’t have much meaning, at least socio-culturally, and that it feels anachronistic to me to reach back in time to personify something that really didnt have a distinct identity and contort that personification to fit in these artificial and meaningless boundaries ¯\_(ツ)_/¯ Honestly, this problem extends far beyond states and even towards other countries.
.... and despite everything I’ve said above, I will say I do have some state ocs! I have a Hawaii, Texas, New Mexico, California, Arizona, Georgia, Louisiana, and more, but these are the ones I’m most confident abt. For some states, I’m not sure about how to or even if personify in the first place.
On a similar note, I also have ocs for the Comanche/Numunu and Navajo/Diné! (I’m interested in early American Southwest history if you couldn’t tell sghdfjs)
#Anonymous#hetalia#???? i guess#fun factoid for the fellas reading the tags#the only reason south dakota separated from north dakota was because they had enough of a population to become an individual state by thems#lves and thought the northerners were all backwards fur trappers embroiled in conflict with the indigenous people#u were prbly expecting some nice drawings and i just wrote an essay rip#thoughts tm#long post#tw imperialism#tw manifest destiny#i am of the opinion that more indigeneous american nation tans in general should be present#hella#hetalia ocs#metatalia
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Rolling Stone Gathers Moss
“Why bother with newspapers, if this is all they offer? Agnew was right. The press is a gang of cruel faggots. Journalism is not a profession or a trade. It is a cheap catch-all for fuckoffs and misfits – a false doorway to the backside of life, a filthy piss-ridden little hole nailed off by the building inspector, but just deep enough for a wino to curl up from the sidewalk and masturbate like a chimp in a zoo-cage.”
– Hunter S. Thompson
Fear and Loathing in Las Vegas by “Raoul Duke” first appeared in Rolling Stone magazine in November 1971. The preceding quote from that publication sums up the environment that led to the rise and, eventually, the fall of the great Rolling Stone itself; the shift away from the counterculture that it once represented and the pathological deterioration of principled liberalism.
If these words were to be circulated on the campuses of U.C. Berkley today the same way they were in 1971, you could expect firebombs launched through windows, police cruisers overturned, and any poor fool in a red hat to be viciously assaulted with a bike lock. University students today surmise that musings this offensive, have been manufactured by the primitive IBM computer that once spat out numbers used to help exterminate Jews in the Nazi death camps; a right-wing hate machine. Or maybe Milo Yiannapolous wrote it?
The suffocating media bias of the 1960s was difficult to escape. A lethargic gray specter of middle-class America was distributed with cunning sterility through the generic, bogus smiles of cable news networks and traditional print. Despite the election and assassination of Kennedy and the signing of the Civil Rights Act, if you had turned on a T.V. this was still Eisenhower’s America: regimented, religious, conservative. And the cultural vacuum created by the Eisenhower years had began to suck even harder with Lyndon Banes Johnson at the helm.
American media was out of touch with this new generation. Elitist authoritarians were preaching their moral superiority stamped with stars and stripes to a generation of cynics. These kids didn’t have a fucking clue what they wanted, but they wanted no part of what they were being given. So rose Rolling Stone, a counterculture bible for babyboomers, co-founded by Jann Wenner.
The adjective “cruel,” meaning to willfully cause pain or suffering to others and feeling no concern about it, paired with the noun “faggot,” the antiquated pejorative used to define a homosexual man, is Thompson’s description of the media community of the day. A description evidently endorsed through publication by Jann Wenner in 1971. Because according to Thompson: “…there is no such thing as objective journalism. The phrase itself is a pompous contradiction in terms.”
Wenner today lives with his common law partner Matt Nye in, I’m guessing, New York City. He gives big money to Democrat candidates and makes millions off fabricated stories about the gang-rape epidemic at the University of Virginia. Then loses that money and gives more money to Democrat candidates. Wenner’s closet homosexuality in 1971 didn’t have him take any offence to Thompson’s comments, or at least not enough to hinder publishing the “hate speech.” Maybe it was the dollar signs flashing in his eyes, knowing that something as wild as Thompson’s Vegas adventure was a viable revenue stream. Or maybe liberals back then had more important things to bitch about.
Things were different in the 1960s. The anti-war movement and the civil rights movement were a just cause. The catalyst for a just movement of equal rights for women and gays and minorities was free speech, of which Jann Wenner was a huge proponent. When students at U.C. Berkley marched in the streets in the 1960s, it was an attack on the elitist, authoritarians and an establishment hellbent on keeping opposing viewpoints and the ideas of personal liberty stifled. The gang of “cruel faggots” kept the official narrative running but no one under 30 was listening.
The whole goddamn world had had enough of the travesty of war in Southeast Asia. There was no ignoring the ineptitude of American politics. The only reasonable thing to do in 1969 was to drive out to Altamont for the weekend, load up on heinous chemicals, hunker down and rethink your approach to the political process.
Thompson, the then-young, liberal anti-hero, could often be found gobbling LSD and firing his guns (he was a lifetime member of the NRA) at propane bottles for a crowd of jeering burnouts or Bay area bikers at his fortified compound, Owl Farm, in Woody Creek Colorado.
It was Jann Wenner’s idea to put Hunter, with all of his fear and loathing, on to the campaign trail in 1972. Why not get the guy who wrote Hell’s Angels? Hunter was someone with a penchant for dealing with vicious thugs and sick freaks gone crazy on power, someone who could draw a parallel between Richard Nixon and Sonny Barger.
Thompson’s openly-biased, subjective and wild account of the 1972 presidential election was the red Chevy convertible of campaign coverage. ‘Sympathy for the Devil’ on repeat and at full volume, barrelling across the country at 110 miles an hour or so and in search of an honest politician. In Hunter’s eyes, the only one that even came close was George McGovern, the senator from South Dakota.
McGovern’s non-interventionist platform focused on a complete withdrawal from Vietnam, amnesty for draft evaders and a Milton Freidman inspired, negative income-tax meant to replace the bureaucratic burden of social welfare programs and a complicated tax code. Thompson’s version of events is the story of an idealistic underdog fighting against the odds only to be crushed by postmodern Americanism and the establishment incumbent, “Tricky Dick Nixon.” McGovern might have owed a White House win, in part, to Thompson’s and Rolling Stone’s relentless support had he not owed his White House loss to the mental distress of his vice-presidential pick, Thomas Eagleton.
There’s no way to properly explain how great Rolling Stone was in those early years. How well the magazine represented the anti-establishment culture, individual liberty and equality for everyone. It can’t be compared to anything else because there was nothing else, only the traditional mainstream garbage and Rolling Stone.
In the four decades that followed, the magazine continually fell behind market trends in the music industry, clinging nostalgically to some bygone era. They were late to the party covering punk in the 70’s. While they tried to figure out what had happened in 1991 Seattle they had totally dropped the ball on hip-hop. All of a sudden it was three years later, Kurt Cobain was already dead and they had lost so much ground in the L.A. scene that the black community had given up on them.
Wenner had pompously brushed off having any type of internet media strategy until around 2009, when he appointed one of his sons in charge of the “digital media” division. The type of position acquired only by a millionaire trust-fund brat of a rich liberal.
For years, Rolling Stone was unable to get a handle on what was happening in music or technology. Incompetence was a bad rash that spread through the entire organization. Getting caught with the University of Virginia gang-rape lies was an obvious black eye on the magazine. Wenner’s ability to make sound decisions was in question. His son should have been sent to North Dakota to learn how to weld. Despite all of that, the magazine was still making money, selling something like 1.5 million copies monthly. Not that anyone would admit to reading it or spending money on it.
On February 20, 2005 Hunter Thompson blew his own brains out in the kitchen of Owl Farm. His chronic alcohol and drug abuse had rendered his writing profitless and that was of no use to Rolling Stone. He had survived the last 10 years by republishing old articles and collections of his work from different outlets. He had already lost faith in the American political process. After Bill Clinton failed to appease his concerns over firearms, marijuana legalization and the American constitution, Hunter simply lost interest and poured himself a stiff drink.
One of the core tenets of Thompson’s “Gonzo journalism” was: total subjectivity; blatant, outright bias. An approach emulated by current Rolling Stone top shelf contributor, Matt Taibbi; a pliable, milquetoast impressionist with a learned sense of Thompson’s wit and scorn. The trick, which Taibbi understands as did Thompson, is that good journalism has a subjective theme, of course, but doesn’t blur the lines that keep public servants accountable. Taibbi likens journalists cozying up to politicians to the separation of church and state. Lacking objectivity, a good journalist should still keep an arms length from politicians and be critical of all of them, especially ones entrenched for decades in unashamed cronyism, a disregard for human life and vicious foreign policy.
“Reporters are supposed to be unpleasant, grumpy people who instantly deface the posters of the powerful whenever they get the chance”
– Matt Taibbi
In 2008, Taibbi had the opportunity to join other journalists on one of Obama’s campaign flights. He liked Obama, but when he noticed all the pictures that lined the walls, pictures of Obama and all the different journalists, all with their arms around then candidate Obama and smiling, he admits that he felt a little dirty.
The real downfall of the magazine was that Jann Wenner had hitched the Rolling Stone wagon to a political party instead of a political principal.
Obama graced the cover of Rolling Stone annually through his presidency. Jann Wenner and him had carved out their friendship and put it on display. Few presidents have had the opportunity to sustain 8 full years of foreign bloodshed without any outrage from Wenner and co.
Now that Obama was out, there was a constant theme in the election for his replacement and the primaries leading up to it. Americans were sick of the status quo. They were sick of being fed lies from mainstream media and “fake news.” People were waiting to revolt in the wake of establishment politics. Just give them a guy who’s going to shit on everything and see what happens.
American media today is out of touch and not only with this new generation. Outlets like Rolling Stone keep the official narrative going, but no one under 30 is listening.
When Rolling Stone endorsed Hillary Clinton for president, that was it. The joke was over. Jann Wenner had finally come out of the closet as an elitist authoritarian and a cruel faggot.
* Darcy Gerow is a family man and tradesman. He is a national board member for the Libertarian Party of Canada and the co-founder of @TheHardTruthsBookClub, an organization committed to causing greatness in working age me through brotherhood and literature.
The post Rolling Stone Gathers Moss appeared first on Being Libertarian.
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Points West and Devils Tower: The Badlands National Park - South Dakota Highway 240 Loop.
Some time in June of 2017 I thought “I haven’t seen Close Encounters of the Third Kind in, like, years.” Watching again was mixture of nostalgia trip, child-like fascination, and inspiration. Much of the first half of the film is set in and around Muncie, Indiana, only a couple of hours from Lafayette and easy enough to visit; Devils Tower is rather farther away (to put it mildly), but I decided it was worth a journey. In July, I made those trips.
Park entry gate south of Wall, SD.
The Badlands may hold up to everything that has ever been said about them. They are stark, unforgiving, hot in the summer, subject to sudden blizzards in winter, and any waters occurring in their area probably are unpotable. For that starkness, they are also amazing to look upon, and for the intrepid, offer a bit of remaining mostly untrammeled wilderness to hike through (remember to take a at least a gallon of water for each day).
The edge of the grassy plains.
While I was looking at routes to Devils Tower, I saw that the Badlands had been “parked” and that a state road (SD 240) ran along the rim of the highlands. Every so often I had come across some reference to the Badlands in some text or movie or something, and had long been at least mildly interested in them. How bad could they be? Or, maybe, why all the fuss? Bad lands?!
Where the plains end. Sage Creek Rim Road, like SD 240, passes most of its length near or at the edge of the plain’s drop.
Well, yeah, they would be pretty bad for some pioneer looking for some place to set up house and home. That didn’t stop some, they still set up shop in the area, but not quite in the Badlands proper. More like in the vicinity. Above or below, there are grasslands “where the buffalo roam(ed)” and if there’s wildlife to decimate, it’s O.K. for humans, right?
Bighorn sheep. I watched one of these along with a lamb come trotting down the Sage Creek Road and I didn’t take a photo because I wasn’t sure that it wouldn’t just head-butt the car! It didn’t, just passed by about three feet off the driver’s side - close enough to get a good look at the vertical pupil in the sheep’s eye. Whoa!
A little bit of “research” showed that SD 240 has a series of turn-outs for scenic viewing, so I thought I may as well make a “pass” through here on the way back east.
And, in fact, it is amazing to look upon. The number of visitors at the wide turn-outs proved that there are a large number of people who like to look, too. I didn’t stop at all the turn-outs (though it was tempting) partly because I couldn’t spend all afternoon in the park, and I didn’t care much for those large numbers of people.
The Pinnacles Overlook: car park: full!
Fortunately, there were “wide spots,” too, where a car or three could pull off the road and stop. I utilized more of these than the turn-outs. Not only because I didn’t care for the crowded car parks, but also to get the view that other people were driving past.
The Pinnacles Overlook: tourists!
I kept telling myself that I had to make some mileage this day or I would never get back to Indiana!
Looking beyond the Pinnacles Overlook, with the Black Hills on the horizon.
If I had remained on I-90, I would have covered this distance in about 15 minutes - it’s only about 20 miles. Instead, it was a little over 2 hours. Le sigh.
“Looking back” at the Ancient Hunters Overlook.
The problem I have is I will simply stop and take photos everywhere if I don’t remind myself to keep moving.
So, yes, I could have taken many many more photographs, but I kept telling myself “Keep going.” It could, perhaps should, be more than one day’s, or a couple hour’s worth of visitation.
Gettin’ down in it, at least a little bit. At one “wide spot” at the bottom of a valley, it was all too easy to simply walk out on the blasted earth. Naturally, I did.
Where the plains drop. I’m pretty sure I passed the truck with the Airstream trailer later on I-90.
Looking north from the drop: On the other side of the road, the short grasses of the High Plains stretch away.
Much of the area about the Badlands are part of the Buffalo Gap National Grasslands, where buffalo have been re-introduced, so depending on where you roam, you may see some. Publications caution hikers about where they camp and how they act as buffalo will charge if they feel threatened, and buffalo gores can be lethal, just as bull gores.
Looking across the Conata Basin. No, none of those “walls” down there are remains of old buildings - the land has just been sculpted that way.
Portions of the grasslands are also Indian reservations, and not for the first time I thought that if I had a TARDIS, I’d like to back in time and kneecap the men who thought forcing Native Americans into inhospitable places was a good idea. Oh, well, I guess it was good - for the Europeans. The Bureau of Indian Affairs didn’t help much, either.
Looking out to the Buffalo Gap National Grasslands. The Grasslands are not part of the National Park Service, they are overseen by the Forestry Service, in the Department of Agriculture; the sole Visitor’s Center for all several millions of acres is located in Wall, SD.
Looking down: a view just off the road.
At the Homestead Overlook. How hot is it? It’s so hot, even the birds are looking for shade. In this case, the shade of a sign post. This might be a Western Meadowlark.
Some may scoff or wonder whether I’m “right in the head” at my preferred method of travel, which is windows down. If it’s hot, it’s hot. Yep, it was hot this day, but to me, stepping from an air conditioned car cabin out into a heat index of 105 degrees is worse than simply accepting the fact that it’s hot.
The high mass center is the Castle, an edifice that catches the eye from most anywhere in the area.
I know, I know, not everyone feels this way, but hearing other tourists at overlooks saying “Oh, it’s so hot” kinda’ gets to me. I want to remark “It’s July - in the Badlands - on the High Plains! Of course it’s hot! What’d’ja’ expect? Maybe you should try again in October.” Humph. Anyway -
From the Panorama Point Overlook: that’s I-90 in the distance!
Semi-trucks on the Interstate.
The hole in the wall: off in the middle distance, and well down off the horizon, I espied this sculpted opening. I did smirk to myself a little thinking “Ha! I saw it! Did you?”
The layers of sedimentary earth were plain to the eye in many places, adding more interest to the interesting. There was a turn-out that afforded the visitor access to fossil beds, and I nearly stopped, but - oh no! - keep going, I told myself. “If you stop to look you’ll be here for another 2 hours!”
Gettin’ down in it, a least a little bit. This short boxy canyon was separated from the main plain below by the road. I wasn’t the first person to walk down in; a beaten track descended from the curb.
The view of the other end of the boxy canyon. A popular angle to view? No idea. This was not at a proper overlook turn-out, just a wide spot. I like to think that some of my images are, maybe not properly unique, but perhaps less common. Wishful thinking? Wishful drinking more like - (sorry Carrie Fisher, but your title stuck with me).
Well? The Badlands were like I expected, I suppose, but also more-so. Photographs, as almost always, can only deliver “so much.” You can’t hear it, smell it, feel it, but part of the reason I do try to find less common angles is to show something you can’t see from the overlooks, to allow anyone else to at least see some of what I’ve seen. Yeah, it’s all terribly subjective, but them’s the breaks.
A stop at the Visitors Center was nearly at the end of the 240 Loop, and I sighed to not stop at yet more places in the few miles on to the edge of the park. But, I needed to get miles beneath the tyres, so it was back on the Interstate for points east.
National Park Service: Badlands National Park Official Site.
Forest Service: Buffalo Gap National Grassland Official Site.
Map: Google satellite image, with overlay by the author.
Photos: R. Jake Wood, 2017.
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You Forgot The Unisex Bathrooms
Originally Published on June 20, 2015 on Eichy Says
Many of you may remember, back in 2004, when same-sex marriage was a contentious topic as part of the national dialogue. Karl Rove led the Bush Administration and the Republican Party in turning it into a “wedge issue” to mobilize evangelicals and socially-conservative voters.
Meanwhile, countless Democrats shied away from the discussion – either taking middle-of-the-road stances that embraced civil unions, or simply sidestepping the issue altogether (when asked for their opinions on it). Some brave progressive Democrats embraced gay marriage outright, while a handful of conservative Democrats scoffed at how even the mere compromise of allowing same-sex civil unions would be “going too far.”
The GOP used that hot button issue as a way of motivating fundamentalists to flock to the Bush/Cheney ticket – and, in the same fell swoop – dividing establishment Democrats over how to address it.
This tactic was particularly effective in the Deep South, where it (at least in part) helped give the edge to Republican candidates farther down the ticket (as the GOP picked up U.S. Senate seats in Louisiana, Georgia, Florida, South Carolina, North Carolina, and, in the Midwest, South Dakota).
I was a college student at the time, and my campus held a televised debate on this topic that spring. Unlike the screaming matches from CNN’s 1982-2005 debate show, Crossfire, this exchange (hosted by our student-run closed-circuit campus TV station) offered civilized decorum from participants on both sides. Two of my friends from our on-campus LGBT student organization, Marcy and Greg, argued the “pro” side; representing the “con” side were the then-president of the College Republicans along with a local youth ministry leader.
My favorite part of the debate was when the College Republicans’ chapter president expressed that legalizing same-sex marriage could supposedly become harmful by causing confusion in terms of gender roles. He added, as an afterthought: “How long will it be before we stop having separate restrooms for women and men?”
To which Marcy replied, casually and matter-of-factly:
“Well, you forgot the unisex bathrooms.”
And the audience (admittedly filled with college-aged supporters of same-sex marriage) proceeded to laugh uproariously. But not out of ridicule – their laughter was largely supportive...due to Marcy having pointed out the absurdity of the guy’s logic.
In recent weeks, the public glimpse that Caitlyn Jenner has given us into her gender-based transformation only underscores what a continuing debate this will be. Jenner, who has transitioned out of her former identity as a beloved Olympian named Bruce to a woman who now will be able to live her true self, is receiving a largely positive response from Americans – but also a firestorm of negativity from social conservatives and paleoconservatives who seem to believe rigid gender roles should still be promoted across-the-board.
These latter outdated attitudes were echoed by former Arkansas Governor (and current Republican presidential candidate) Mike Huckabee during a Nashville campaign stop earlier this month.
While speaking in front of the National Religious Broadcasters Convention, Huckabee opined
:
Now I wish that someone had told me that when I was in high school that I could have felt like a woman when it came time to take showers in PE. I’m pretty sure that I would have found my feminine side and said, ‘Coach, I think I’d rather shower with the girls today.’ [in response to audience laughter] You’re laughing because it sounds so ridiculous, doesn’t it?
It’s clear that Huckabee is missing the point (or, he’s intentionally trying to misrepresent the discussion in order to advance his own twisted ideology).
Gender-neutral spaces are not about forcing people outside of their comfort zones. Rather, it’s a solution to create “safe spaces” for people who don’t cling to gender binaries...as well as families who want their children to be protected.
Many TV fans recall the 1997-2002 legal dramedy Ally McBeal, which was set in a law firm with its iconic unisex restroom frequented by female and male employees alike.
But life often imitates art. A growing number of public meeting places, recreational facilities, college campuses, and even K-12 schools, are retrofitting their communal areas with bathrooms or changing rooms accessible to citizens of all gender identities.
Historically, the trend of segregating public restrooms in the Western World began in the early-Eighteenth Century, and picked up steam (particularly in America) throughout the Nineteenth and Twentieth Centuries. The U.S. seems to maintain some of the most puritanical attitudes toward shared-gender spaces, as many restroom/changing areas throughout Europe are unisex in the modern era.
Yet, sex-segregated spaces have historical precedent, as well. Ancient Greek and Ancient Roman societies mandated separate public bathing areas for males and females. Japanese onsen are geothermally-heated hot springs – with some indoors, some outdoors, some sex-segregated, and some mixed gender.
My view is that history, when coupled with contemporary social norms, would suggest there can be room for both options in our society. Because of the status quo favoring sex-segregated private spaces, it’s incumbent upon those of us who support modernized options to make a case for them.
The first – and perhaps timeliest – benefit of having more unisex bathrooms is to provide spaces where transgender people can feel more comfortable. Visually speaking, people who are transitioning from male-to-female or female-to-male are often mistaken by others for the opposite sex of that with which they identify. This can lead to awkward encounters and misunderstandings where a transgender person is being accused of using the “wrong” restroom.
Having a unisex bathroom or changing room available would alleviate the problem.
This dynamic even extends beyond people who are taking hormones or actively preparing for gender-reassignment surgery. Sometimes there are Americans who AREN’T actually transgender...yet, they outwardly possess sexually-ambiguous traits that might cause a male to be mistaken for a female, or a female for a male. What happens when a “traditional-looking” female screams in fear because she sees another female – who might physically appear “mannish” or “tomboyish” – enter the private space, and she mistakes that female for a male (even though the female-in-question might be neither male nor transgender, despite the perception that she doesn’t look “feminine enough”).
When it comes to unisex bathrooms, transgender people aren’t asking for unreasonable privileges (or “special rights”). There is a clear constructive benefit to such facilities that affects others as well.
This isn’t solely a “transgender issue.” Having unisex rest areas can also serve the interests of traditional (or modern) families. For example, what about instances when one parent is the only chaperone accompanying a child of the opposite sex out in public? A mother can’t accompany her young son into the men’s room, nor can a father accompany his young daughter into the ladies’ room. This dynamic accounts for why we’re seeing a rising trend of “family changing rooms” (which are unisex, by definition) at YMCAs or other facilities with swimming pools.
It’s especially relevant when mothers are afraid to send their sons into a men’s restroom or men’s locker room alone due to the possibility of male pedophiles being present. It tends to be less of a concern to fathers that their unaccompanied daughters will be confronted by females in a women’s restroom or women’s locker room (although I feel that this mindset irresponsibly gives female pedophiles a free pass). Yet, when women bring little boys (or preteen boys) into a female-only changing room or bathroom – or when men bring little girls (or preteen girls) into a male-only changing room or bathroom – that violates the comfort level of patrons who are using those respective rooms (as well as, potentially, the comfort level of the children themselves).
The best way to avoid these tricky scenarios would be if unisex bathrooms and changing rooms were more prevalent in more places.
Then there are the realities of gender inequity. Currently, in most places, the women’s restrooms will get full a lot more quickly than male restrooms. Obviously, it’s because (anatomically speaking) women require more bathroom stalls more frequently than men do.
Due to this disparity, the lines (and waits!) become a lot longer in front of the ladies’ room than in front of the men’s room. If there were more restrooms where all people were welcome (unisex), that would certainly alleviate (at least, in part) high traffic through the ladies’ room, as patrons of the unisex bathrooms would probably be disproportionately female.
Finally, there’s the matter of supervision in schools or at youth centers where parents can’t regularly remain in proximity to their own children. At present, there’s a double standard in our schools where female staff and faculty members are viewed as “more trustworthy” than their male counterparts (again, probably due to the greater rates of reported pedophilia from males). Yet, this often shortchanges boys in our schools because they, numerically speaking, have fewer male role models whom they can look up to.
I’m living proof of this. In 2008, I was hired at a local elementary school as a playground/noontime aide. I believe (and was told, in so many words) that one major reason why I was hired was because the staff had a higher ratio of female staffers, and the principal and vice-principal (both of whom were females) wanted more male authority figures on their staff.
The point is that the presence of some optional unisex changing areas or bathrooms in schools or after-school centers would enable adequate staff supervision of girls and boys alike – regardless of whether the staff itself has a higher female or male skew. It would also be beneficial in scenarios where faculty/staffers are supervising coed groups of children with special needs. Out in the public sphere, it would accommodate adults with severe disabilities who might be accompanied by a caretaker of the opposite sex. And it could make some supervision tasks easier for lifeguards at pools or counselors who run youth programs.
Plus, these public spaces could be cleaned by custodians with less awkwardness – regardless of whether the custodian happens to be female or male.
Of course, I’m not suggesting that unisex bathrooms (or unisex locker rooms) be the ONLY option in public places. As it is, lack of funding and space limitations make the integration of new unisex restrooms (as part of existing facilities) a major challenge.
I don’t support colleges, universities, and K-12 schools making unisex spaces into the ONLY option for students. Whenever we divert from the status quo, people should always be given a choice. Some women prefer to only shower, urinate, and change clothes in front of other women. Likewise with men who’d rather limit their showering, urination, and changing clothes to being done in front of other men. For this reason, sex-segregated facilities should remain as an option in our schools, restaurants, gyms, day spas, and athletic centers.
I wouldn’t have wanted to use a communal dorm bathroom (used by both guys and girls) back when I was in college, because I was a bit modest and preferred only letting other guys see me in various stages of undress (at least, when I was sober).
However, if I have to use the bathroom really badly in a particular (emergency) instance, I wouldn’t mind using a unisex bathroom as long as I had access to a private stall.
So how can we accommodate the needs of different people?
One solution is for cities and municipalities to mandate that all single-occupancy restrooms be made “unisex” by definition. Last year, such an ordinance was proposed in Austin, Texas.
When it comes to children, teenagers, and young adults, the key is to give them the option ahead of time. For instance, the University of Missouri (MU) will provide gender-neutral bathrooms and gender-neutral housing as opportunities for its students this upcoming fall. However, students who wish to live there will have to sign an agreement in advance consenting to living in housing with these unisex features.
State Representative Jeff Pogue (who represents a southeastern district of Missouri) has taken a page from Huckabee’s bluster by sponsoring two bills: one to outlaw this practice altogether, and one to ban any public funding for gender-neutral spaces.
Another remedy would be to repurpose some existing restrooms so there are unisex options in each building. Perhaps the men’s room and women’s room on the second floor of a building could remain sex-segregated after renovation; but the men’s room and the women’s room on that same building’s first floor could both be renovated into unisex restrooms (that are also handicap-accessible).
This has been done on a smaller scale within the Oconomowoc School District (in Wisconsin). Some restrooms previously designated as “faculty-only” have been repurposed into unisex bathrooms available for additional student/parent use.
Above all else, unisex facilities need to be made into a core element of future infrastructure funding. This can be done at both the state and federal levels; it’s just a matter of letting lawmakers know that usage of them would be a citizen’s individual choice...instead of a coercive, across-the-board building code.
Please make this clear to the skeptics, whenever you hear them question the clarity of having unisex bathrooms. We cannot allow self-serving bigots such as Huckabee and Pogue to hijack the narrative.
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Affair Divorce
Infidelity (synonyms include: cheating, straying, adultery (when married), being unfaithful, or having an affair) is a violation of a couple’s assumed or stated contract regarding emotional and/or sexual exclusivity. Other scholars define infidelity as a violation according to the subjective feeling that one’s partner has violated a set of rules or relationship norms; this violation results in feelings of anger, jealousy, sexual jealousy, and rivalry. What constitutes an act of infidelity depends upon the exclusivity expectations within the relationship. In marital relationships, exclusivity expectations are commonly assumed, although they are not always met. When they are not met, research has found that psychological damage can occur, including feelings of rage and betrayal, lowering of sexual and personal confidence, and damage to self-image. Depending on the context, men and women can experience social consequences if their act of infidelity becomes public. The form and extent of these consequences are often dependent on the gender of the unfaithful person.
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How Does Adultery Affect a Divorce?
Adultery is grounds for divorce in Utah. However, in order to obtain a Decree of Divorce, you need only establish that you and your spouse have irreconcilable differences. This no-fault divorce law allows parties to get divorced for virtually any reason. Establishing adultery will not help you get divorced faster or otherwise alter the divorce process. Infidelity rarely alters the outcome of a divorce in any significant way. However, when the court divides marital property and awards alimony, adultery may help tip the scales in favor of the non-offending party. Utah courts are instructed to consider all relevant facts and equitable circumstances. In addition, Utah courts are permitted to consider fault when calculating alimony. Adultery may also impact custody and parent-time decisions. Past moral conduct is one of the factors the court may consider in determining who should be deemed the primary custodial parent. Moreover, Utah courts strive to place children in the most stable environment available. New relationships that have not withstood the test of time place the child at risk of further change in the future. Long hours spent away from the marital home may indicate to the court a lack of bond between parent and child and an inability to place the child’s needs above personal needs.
Does Cheating Affect Alimony?
Adultery impacts thousands of Utah marriages each year. Many of these marriages will end in divorce. In many states, adultery can determine whether a spouse is eligible for alimony and can affect property division as well. This article will answer what impact adultery has on a Utah divorce.
What Role Does Adultery Play in a Utah Divorce?
In Utah, adultery is defined as a married person having sexual intercourse voluntarily with someone other than that person’s spouse. Adultery is taken very seriously under Utah law and is a misdemeanor criminal offense. Utah courts will consider adultery when determining whether and how much alimony to award, but it’s not a factor when dividing the couple’s property. If you believe your spouse should not receive alimony because of an affair, you will need to gather evidence to prove that the affair occurred – this can include phone records, credit card or bank statements, and any other evidence that shows your spouse was unfaithful. Proving this in court can be complicated, so it’s best to consult a family law attorney in your area to see if you will be able to prove your spouse’s adultery.
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Overview of Alimony in Utah
Often, during a marriage, one spouse becomes financially dependent on the other. Many marriages today have two working spouses, but most still involve some sort of division of labor, where one spouse is responsible for earning more income, while the other spouse is more responsible for taking care of the household or children. During a divorce, Utah courts can order the spouse earning more income to make payments to a financially dependent spouse called alimony.
Utah courts consider the following factors when deciding alimony: • financial needs of the dependent spouse • earning ability of the paying spouse • length of the marriage • whether the dependent spouse has custody of minor children • whether the dependent spouse worked for the paying spouse during the marriage • whether the dependent spouse contributed to the job skills or education of the paying spouse • standard of living during the marriage, and • fault of either spouse during the marriage, including adultery or domestic violence.
In longer marriages, Utah courts may choose to equalize the standard of living of the spouses after the divorce. For shorter marriages, courts may try to return spouses to their original standard of living before the marriage. Utah courts can always change the alimony award if there is a substantial change in the spouses’ financial conditions after the divorce.
How Does Adultery Impact Alimony in Utah?
If the judge believes you have proven that your spouse was unfaithful, and that infidelity led to the breakup of the marriage, the court may deny alimony to your spouse. The adultery has to be a major cause for the breakup of the marriage for it to prevent an unfaithful spouse from receiving alimony in the divorce. If your spouse was unfaithful, but you forgave your spouse and continued to live together for a significant time after the affair, the court won’t consider the adultery when deciding alimony. And if you have also had an affair, the court you likely won’t be able to prevent your spouse from receiving alimony because of your spouse’s affair.
What Else Does Adultery Impact?
In Utah, adultery doesn’t directly impact property division in a divorce. If a spouse spent a significant amount of the couple’s money on an affair, however, the court may give the faithful spouse a larger share of the couple’s property to compensate for the lost money. If you believe you should receive a larger share of property because of your spouse’s spending on an affair, you should gather receipts and financial statements to show how and when your spouse spent the marital assets. Utah doesn’t consider adultery when deciding child custody or visitation. The only exception is if the behavior displayed during the affair shows a spouse’s inability to take care of the children.
What Rights Do I Have in Utah if My Spouse Cheats on Me?
Marriages can end in divorce for many reasons, but there are some cases where cheating is the main trigger for the breakdown of the relationship. If your spouse was the one to be unfaithful to you, it isn’t necessarily going to grant you more say or sympathy from the courts in your divorce case.
Alienation of Affection Laws
This type of lawsuit justification falls under “alienation of affection” laws, and Utah is one of six states (along with Hawaii, South Dakota, Mississippi, North Carolina, and New Mexico) left that still has this law. Besides paramours, these types of claims have also been applied to and been made against other third parties, such as therapists, clergy members, or other family members, who perhaps advised for a divorce, or otherwise maliciously interfered in the couple’s marriage. This is a civil lawsuit and would be filed separately from a divorce action. Ascent Law LLC is your divorce and family law attorney that can help you understand if your situation falls under this type of lawsuit. The Utah Supreme Court has said that the reason for this law in Utah is to protect the foundation of a marriage and give rise to the unique bonding that occurs in a successful marriage. Those whose malicious interventions have destroyed marital bonds has been held liable for alienation of affections.
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Is Utah a Fault State?
Utah is a Fault State. The issue of whether a court may consider fault as it relates to alimony is now settled law and trial courts are well within their discretion to address fault when calculating alimony. The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. Fault means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: • engaging in sexual relations with a person other than the party’s spouse; • knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children; • knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or • substantially undermining the financial stability of the other party or the minor children. The plain meaning of the Utah Code Ann. §30-3-5(8)(b)-(c)(i-iv) makes clear that a Court has the discretion to address fault with calculating spousal support and, in fact, the Court may order or withhold alimony and adjust the amount and the term of any alimony ordered based on that wrongful conduct. This would be alleged in your divorce action.
How Do I Prove My Spouse Cheated on Me?
You don’t actually have to have some sort of physical proof of extramarital sex to make this claim; however you would need to show the court that • the marriage entailed love between the spouses in some degree (loving texts, cards, photos or videos, for example); • the spousal love was alienated and destroyed; and • the defendant’s malicious conduct contributed to or caused the loss of affection. You also need to show that the infidelity occurred while you were married and living together (not after a separation).
Evidence of infidelity may be presented publicly in court, which can be damaging enough in its own right. One of the clearest cases in which infidelity can hurt is where a spouse has spent marital assets on his/her paramour. If your spouse was renting an apartment for a fling, you may be rewarded with a larger property judgment, money judgment award, or increased alimony. Moral standards are also a statutory consideration in determining child custody and visitation (also known as parent time) and may be relevant to the extent they affect the children’s best interests. Granted, for cheating to affect the custody determination in a divorce it would likely require a rather serious pattern of actually neglecting the needs of one’s children and/or family for the sake of the affair. The fact that the court can consider moral standards does not mean that it must. The real cost of infidelity in divorce arises long before trial ever begins. Most divorces tend to settle. Settling a divorce case in mediation or through private negotiation can save the parties thousands of dollars and incalculable frustration and anguish. Infidelity can complicate this process, and not just for the offending spouse. It’s no surprise that many people seek redress or compensation when a marriage is ended through the spouse’s infidelity. If a divorcing spouse puts the desire to get back at the cheating spouse above the desire to conclude a divorce, the costs of divorce can rise, and quickly. Divorce is designed to dissolve the marriage, provide for custody of the children, divide up the marital property and debt and position the respective spouses so that they can move forward in their lives as newly single people. Mediation and settlement negotiations can shorten the divorce process by helping couples agree on child custody (if they have children) and divide the marital estate quickly and amicably; however mediation and settlement are only possible if the parties can come to fair and reasonable middle ground, or if one of them simply gives up. Cheating can make an even bigger enemy of the spouse who otherwise might have been fairly easy to work with.
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The Impact of an Affair on Your Divorce Case
In Utah, adultery initiates divorce as a considered fault ground. Utah is a “no fault” divorce state. This means neither party needs to prove fault in order for a divorce to be granted. However, a party can allege fault, such as adultery, as grounds for divorce. The benefit of alleging adultery as grounds for the divorce is a question which requires careful consideration. Accordingly, consult an attorney regarding the specific facts of each case.
Building a Divorce Case around Evidence of an Affair
Although an affair used as grounds for a fault-based divorce in Utah, cheating can have little effect on a case if the fact of cheating has not directly impacted the parties’ children or the couple’s finances. However, if the cheating party squandered marital assets while pursuing an affair or if the children were directly impacted by the affair through exposure to one parent’s sexual exploits, these facts can have an impact on custody and support. • understand the law • get a sense of what kind of support you can receive • and custody entitled to you in the divorce.
Affair Divorce Lawyer
When you need legal help with an Affair Divorce, please call Ascent Law LLC for your free consultation (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
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Affair Divorce
Infidelity (synonyms include: cheating, straying, adultery (when married), being unfaithful, or having an affair) is a violation of a couple’s assumed or stated contract regarding emotional and/or sexual exclusivity. Other scholars define infidelity as a violation according to the subjective feeling that one’s partner has violated a set of rules or relationship norms; this violation results in feelings of anger, jealousy, sexual jealousy, and rivalry. What constitutes an act of infidelity depends upon the exclusivity expectations within the relationship. In marital relationships, exclusivity expectations are commonly assumed, although they are not always met. When they are not met, research has found that psychological damage can occur, including feelings of rage and betrayal, lowering of sexual and personal confidence, and damage to self-image. Depending on the context, men and women can experience social consequences if their act of infidelity becomes public. The form and extent of these consequences are often dependent on the gender of the unfaithful person.
How Does Adultery Affect a Divorce?
Adultery is grounds for divorce in Utah. However, in order to obtain a Decree of Divorce, you need only establish that you and your spouse have irreconcilable differences. This no-fault divorce law allows parties to get divorced for virtually any reason. Establishing adultery will not help you get divorced faster or otherwise alter the divorce process. Infidelity rarely alters the outcome of a divorce in any significant way. However, when the court divides marital property and awards alimony, adultery may help tip the scales in favor of the non-offending party. Utah courts are instructed to consider all relevant facts and equitable circumstances. In addition, Utah courts are permitted to consider fault when calculating alimony. Adultery may also impact custody and parent-time decisions. Past moral conduct is one of the factors the court may consider in determining who should be deemed the primary custodial parent. Moreover, Utah courts strive to place children in the most stable environment available. New relationships that have not withstood the test of time place the child at risk of further change in the future. Long hours spent away from the marital home may indicate to the court a lack of bond between parent and child and an inability to place the child’s needs above personal needs.
Does Cheating Affect Alimony?
Adultery impacts thousands of Utah marriages each year. Many of these marriages will end in divorce. In many states, adultery can determine whether a spouse is eligible for alimony and can affect property division as well. This article will answer what impact adultery has on a Utah divorce.
What Role Does Adultery Play in a Utah Divorce?
In Utah, adultery is defined as a married person having sexual intercourse voluntarily with someone other than that person’s spouse. Adultery is taken very seriously under Utah law and is a misdemeanor criminal offense. Utah courts will consider adultery when determining whether and how much alimony to award, but it’s not a factor when dividing the couple’s property. If you believe your spouse should not receive alimony because of an affair, you will need to gather evidence to prove that the affair occurred – this can include phone records, credit card or bank statements, and any other evidence that shows your spouse was unfaithful. Proving this in court can be complicated, so it’s best to consult a family law attorney in your area to see if you will be able to prove your spouse’s adultery.
Overview of Alimony in Utah
Often, during a marriage, one spouse becomes financially dependent on the other. Many marriages today have two working spouses, but most still involve some sort of division of labor, where one spouse is responsible for earning more income, while the other spouse is more responsible for taking care of the household or children. During a divorce, Utah courts can order the spouse earning more income to make payments to a financially dependent spouse called alimony.
Utah courts consider the following factors when deciding alimony: • financial needs of the dependent spouse • earning ability of the paying spouse • length of the marriage • whether the dependent spouse has custody of minor children • whether the dependent spouse worked for the paying spouse during the marriage • whether the dependent spouse contributed to the job skills or education of the paying spouse • standard of living during the marriage, and • fault of either spouse during the marriage, including adultery or domestic violence.
In longer marriages, Utah courts may choose to equalize the standard of living of the spouses after the divorce. For shorter marriages, courts may try to return spouses to their original standard of living before the marriage. Utah courts can always change the alimony award if there is a substantial change in the spouses’ financial conditions after the divorce.
How Does Adultery Impact Alimony in Utah?
If the judge believes you have proven that your spouse was unfaithful, and that infidelity led to the breakup of the marriage, the court may deny alimony to your spouse. The adultery has to be a major cause for the breakup of the marriage for it to prevent an unfaithful spouse from receiving alimony in the divorce. If your spouse was unfaithful, but you forgave your spouse and continued to live together for a significant time after the affair, the court won’t consider the adultery when deciding alimony. And if you have also had an affair, the court you likely won’t be able to prevent your spouse from receiving alimony because of your spouse’s affair.
What Else Does Adultery Impact?
In Utah, adultery doesn’t directly impact property division in a divorce. If a spouse spent a significant amount of the couple’s money on an affair, however, the court may give the faithful spouse a larger share of the couple’s property to compensate for the lost money. If you believe you should receive a larger share of property because of your spouse’s spending on an affair, you should gather receipts and financial statements to show how and when your spouse spent the marital assets. Utah doesn’t consider adultery when deciding child custody or visitation. The only exception is if the behavior displayed during the affair shows a spouse’s inability to take care of the children.
What Rights Do I Have in Utah if My Spouse Cheats on Me?
Marriages can end in divorce for many reasons, but there are some cases where cheating is the main trigger for the breakdown of the relationship. If your spouse was the one to be unfaithful to you, it isn’t necessarily going to grant you more say or sympathy from the courts in your divorce case.
Alienation of Affection Laws
This type of lawsuit justification falls under “alienation of affection” laws, and Utah is one of six states (along with Hawaii, South Dakota, Mississippi, North Carolina, and New Mexico) left that still has this law. Besides paramours, these types of claims have also been applied to and been made against other third parties, such as therapists, clergy members, or other family members, who perhaps advised for a divorce, or otherwise maliciously interfered in the couple’s marriage. This is a civil lawsuit and would be filed separately from a divorce action. Ascent Law LLC is your divorce and family law attorney that can help you understand if your situation falls under this type of lawsuit. The Utah Supreme Court has said that the reason for this law in Utah is to protect the foundation of a marriage and give rise to the unique bonding that occurs in a successful marriage. Those whose malicious interventions have destroyed marital bonds has been held liable for alienation of affections.
Is Utah a Fault State?
Utah is a Fault State. The issue of whether a court may consider fault as it relates to alimony is now settled law and trial courts are well within their discretion to address fault when calculating alimony. The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. Fault means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: • engaging in sexual relations with a person other than the party’s spouse; • knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children; • knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or • substantially undermining the financial stability of the other party or the minor children. The plain meaning of the Utah Code Ann. §30-3-5(8)(b)-(c)(i-iv) makes clear that a Court has the discretion to address fault with calculating spousal support and, in fact, the Court may order or withhold alimony and adjust the amount and the term of any alimony ordered based on that wrongful conduct. This would be alleged in your divorce action.
How Do I Prove My Spouse Cheated on Me?
You don’t actually have to have some sort of physical proof of extramarital sex to make this claim; however you would need to show the court that • the marriage entailed love between the spouses in some degree (loving texts, cards, photos or videos, for example); • the spousal love was alienated and destroyed; and • the defendant’s malicious conduct contributed to or caused the loss of affection. You also need to show that the infidelity occurred while you were married and living together (not after a separation).
Evidence of infidelity may be presented publicly in court, which can be damaging enough in its own right. One of the clearest cases in which infidelity can hurt is where a spouse has spent marital assets on his/her paramour. If your spouse was renting an apartment for a fling, you may be rewarded with a larger property judgment, money judgment award, or increased alimony. Moral standards are also a statutory consideration in determining child custody and visitation (also known as parent time) and may be relevant to the extent they affect the children’s best interests. Granted, for cheating to affect the custody determination in a divorce it would likely require a rather serious pattern of actually neglecting the needs of one’s children and/or family for the sake of the affair. The fact that the court can consider moral standards does not mean that it must. The real cost of infidelity in divorce arises long before trial ever begins. Most divorces tend to settle. Settling a divorce case in mediation or through private negotiation can save the parties thousands of dollars and incalculable frustration and anguish. Infidelity can complicate this process, and not just for the offending spouse. It’s no surprise that many people seek redress or compensation when a marriage is ended through the spouse’s infidelity. If a divorcing spouse puts the desire to get back at the cheating spouse above the desire to conclude a divorce, the costs of divorce can rise, and quickly. Divorce is designed to dissolve the marriage, provide for custody of the children, divide up the marital property and debt and position the respective spouses so that they can move forward in their lives as newly single people. Mediation and settlement negotiations can shorten the divorce process by helping couples agree on child custody (if they have children) and divide the marital estate quickly and amicably; however mediation and settlement are only possible if the parties can come to fair and reasonable middle ground, or if one of them simply gives up. Cheating can make an even bigger enemy of the spouse who otherwise might have been fairly easy to work with.
The Impact of an Affair on Your Divorce Case
In Utah, adultery initiates divorce as a considered fault ground. Utah is a “no fault” divorce state. This means neither party needs to prove fault in order for a divorce to be granted. However, a party can allege fault, such as adultery, as grounds for divorce. The benefit of alleging adultery as grounds for the divorce is a question which requires careful consideration. Accordingly, consult an attorney regarding the specific facts of each case.
Building a Divorce Case around Evidence of an Affair
Although an affair used as grounds for a fault-based divorce in Utah, cheating can have little effect on a case if the fact of cheating has not directly impacted the parties’ children or the couple’s finances. However, if the cheating party squandered marital assets while pursuing an affair or if the children were directly impacted by the affair through exposure to one parent’s sexual exploits, these facts can have an impact on custody and support. • understand the law • get a sense of what kind of support you can receive • and custody entitled to you in the divorce.
Affair Divorce Lawyer
When you need legal help with an Affair Divorce, please call Ascent Law LLC for your free consultation (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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Utah Divorce Code 30-3-5.4
What Factors Are Consider When Awarding Child Custody?
Avoiding Divorce
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from https://www.ascentlawfirm.com/affair-divorce/
from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/affair-divorce
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Affair Divorce
Infidelity (synonyms include: cheating, straying, adultery (when married), being unfaithful, or having an affair) is a violation of a couple’s assumed or stated contract regarding emotional and/or sexual exclusivity. Other scholars define infidelity as a violation according to the subjective feeling that one’s partner has violated a set of rules or relationship norms; this violation results in feelings of anger, jealousy, sexual jealousy, and rivalry. What constitutes an act of infidelity depends upon the exclusivity expectations within the relationship. In marital relationships, exclusivity expectations are commonly assumed, although they are not always met. When they are not met, research has found that psychological damage can occur, including feelings of rage and betrayal, lowering of sexual and personal confidence, and damage to self-image. Depending on the context, men and women can experience social consequences if their act of infidelity becomes public. The form and extent of these consequences are often dependent on the gender of the unfaithful person.
youtube
How Does Adultery Affect a Divorce?
Adultery is grounds for divorce in Utah. However, in order to obtain a Decree of Divorce, you need only establish that you and your spouse have irreconcilable differences. This no-fault divorce law allows parties to get divorced for virtually any reason. Establishing adultery will not help you get divorced faster or otherwise alter the divorce process. Infidelity rarely alters the outcome of a divorce in any significant way. However, when the court divides marital property and awards alimony, adultery may help tip the scales in favor of the non-offending party. Utah courts are instructed to consider all relevant facts and equitable circumstances. In addition, Utah courts are permitted to consider fault when calculating alimony. Adultery may also impact custody and parent-time decisions. Past moral conduct is one of the factors the court may consider in determining who should be deemed the primary custodial parent. Moreover, Utah courts strive to place children in the most stable environment available. New relationships that have not withstood the test of time place the child at risk of further change in the future. Long hours spent away from the marital home may indicate to the court a lack of bond between parent and child and an inability to place the child’s needs above personal needs.
Does Cheating Affect Alimony?
Adultery impacts thousands of Utah marriages each year. Many of these marriages will end in divorce. In many states, adultery can determine whether a spouse is eligible for alimony and can affect property division as well. This article will answer what impact adultery has on a Utah divorce.
What Role Does Adultery Play in a Utah Divorce?
In Utah, adultery is defined as a married person having sexual intercourse voluntarily with someone other than that person’s spouse. Adultery is taken very seriously under Utah law and is a misdemeanor criminal offense. Utah courts will consider adultery when determining whether and how much alimony to award, but it’s not a factor when dividing the couple’s property. If you believe your spouse should not receive alimony because of an affair, you will need to gather evidence to prove that the affair occurred – this can include phone records, credit card or bank statements, and any other evidence that shows your spouse was unfaithful. Proving this in court can be complicated, so it’s best to consult a family law attorney in your area to see if you will be able to prove your spouse’s adultery.
youtube
Overview of Alimony in Utah
Often, during a marriage, one spouse becomes financially dependent on the other. Many marriages today have two working spouses, but most still involve some sort of division of labor, where one spouse is responsible for earning more income, while the other spouse is more responsible for taking care of the household or children. During a divorce, Utah courts can order the spouse earning more income to make payments to a financially dependent spouse called alimony.
Utah courts consider the following factors when deciding alimony: • financial needs of the dependent spouse • earning ability of the paying spouse • length of the marriage • whether the dependent spouse has custody of minor children • whether the dependent spouse worked for the paying spouse during the marriage • whether the dependent spouse contributed to the job skills or education of the paying spouse • standard of living during the marriage, and • fault of either spouse during the marriage, including adultery or domestic violence.
In longer marriages, Utah courts may choose to equalize the standard of living of the spouses after the divorce. For shorter marriages, courts may try to return spouses to their original standard of living before the marriage. Utah courts can always change the alimony award if there is a substantial change in the spouses’ financial conditions after the divorce.
How Does Adultery Impact Alimony in Utah?
If the judge believes you have proven that your spouse was unfaithful, and that infidelity led to the breakup of the marriage, the court may deny alimony to your spouse. The adultery has to be a major cause for the breakup of the marriage for it to prevent an unfaithful spouse from receiving alimony in the divorce. If your spouse was unfaithful, but you forgave your spouse and continued to live together for a significant time after the affair, the court won’t consider the adultery when deciding alimony. And if you have also had an affair, the court you likely won’t be able to prevent your spouse from receiving alimony because of your spouse’s affair.
What Else Does Adultery Impact?
In Utah, adultery doesn’t directly impact property division in a divorce. If a spouse spent a significant amount of the couple’s money on an affair, however, the court may give the faithful spouse a larger share of the couple’s property to compensate for the lost money. If you believe you should receive a larger share of property because of your spouse’s spending on an affair, you should gather receipts and financial statements to show how and when your spouse spent the marital assets. Utah doesn’t consider adultery when deciding child custody or visitation. The only exception is if the behavior displayed during the affair shows a spouse’s inability to take care of the children.
What Rights Do I Have in Utah if My Spouse Cheats on Me?
Marriages can end in divorce for many reasons, but there are some cases where cheating is the main trigger for the breakdown of the relationship. If your spouse was the one to be unfaithful to you, it isn’t necessarily going to grant you more say or sympathy from the courts in your divorce case.
Alienation of Affection Laws
This type of lawsuit justification falls under “alienation of affection” laws, and Utah is one of six states (along with Hawaii, South Dakota, Mississippi, North Carolina, and New Mexico) left that still has this law. Besides paramours, these types of claims have also been applied to and been made against other third parties, such as therapists, clergy members, or other family members, who perhaps advised for a divorce, or otherwise maliciously interfered in the couple’s marriage. This is a civil lawsuit and would be filed separately from a divorce action. Ascent Law LLC is your divorce and family law attorney that can help you understand if your situation falls under this type of lawsuit. The Utah Supreme Court has said that the reason for this law in Utah is to protect the foundation of a marriage and give rise to the unique bonding that occurs in a successful marriage. Those whose malicious interventions have destroyed marital bonds has been held liable for alienation of affections.
youtube
Is Utah a Fault State?
Utah is a Fault State. The issue of whether a court may consider fault as it relates to alimony is now settled law and trial courts are well within their discretion to address fault when calculating alimony. The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. Fault means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: • engaging in sexual relations with a person other than the party’s spouse; • knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children; • knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or • substantially undermining the financial stability of the other party or the minor children. The plain meaning of the Utah Code Ann. §30-3-5(8)(b)-(c)(i-iv) makes clear that a Court has the discretion to address fault with calculating spousal support and, in fact, the Court may order or withhold alimony and adjust the amount and the term of any alimony ordered based on that wrongful conduct. This would be alleged in your divorce action.
How Do I Prove My Spouse Cheated on Me?
You don’t actually have to have some sort of physical proof of extramarital sex to make this claim; however you would need to show the court that • the marriage entailed love between the spouses in some degree (loving texts, cards, photos or videos, for example); • the spousal love was alienated and destroyed; and • the defendant’s malicious conduct contributed to or caused the loss of affection. You also need to show that the infidelity occurred while you were married and living together (not after a separation).
Evidence of infidelity may be presented publicly in court, which can be damaging enough in its own right. One of the clearest cases in which infidelity can hurt is where a spouse has spent marital assets on his/her paramour. If your spouse was renting an apartment for a fling, you may be rewarded with a larger property judgment, money judgment award, or increased alimony. Moral standards are also a statutory consideration in determining child custody and visitation (also known as parent time) and may be relevant to the extent they affect the children’s best interests. Granted, for cheating to affect the custody determination in a divorce it would likely require a rather serious pattern of actually neglecting the needs of one’s children and/or family for the sake of the affair. The fact that the court can consider moral standards does not mean that it must. The real cost of infidelity in divorce arises long before trial ever begins. Most divorces tend to settle. Settling a divorce case in mediation or through private negotiation can save the parties thousands of dollars and incalculable frustration and anguish. Infidelity can complicate this process, and not just for the offending spouse. It’s no surprise that many people seek redress or compensation when a marriage is ended through the spouse’s infidelity. If a divorcing spouse puts the desire to get back at the cheating spouse above the desire to conclude a divorce, the costs of divorce can rise, and quickly. Divorce is designed to dissolve the marriage, provide for custody of the children, divide up the marital property and debt and position the respective spouses so that they can move forward in their lives as newly single people. Mediation and settlement negotiations can shorten the divorce process by helping couples agree on child custody (if they have children) and divide the marital estate quickly and amicably; however mediation and settlement are only possible if the parties can come to fair and reasonable middle ground, or if one of them simply gives up. Cheating can make an even bigger enemy of the spouse who otherwise might have been fairly easy to work with.
youtube
The Impact of an Affair on Your Divorce Case
In Utah, adultery initiates divorce as a considered fault ground. Utah is a “no fault” divorce state. This means neither party needs to prove fault in order for a divorce to be granted. However, a party can allege fault, such as adultery, as grounds for divorce. The benefit of alleging adultery as grounds for the divorce is a question which requires careful consideration. Accordingly, consult an attorney regarding the specific facts of each case.
Building a Divorce Case around Evidence of an Affair
Although an affair used as grounds for a fault-based divorce in Utah, cheating can have little effect on a case if the fact of cheating has not directly impacted the parties’ children or the couple’s finances. However, if the cheating party squandered marital assets while pursuing an affair or if the children were directly impacted by the affair through exposure to one parent’s sexual exploits, these facts can have an impact on custody and support. • understand the law • get a sense of what kind of support you can receive • and custody entitled to you in the divorce.
Affair Divorce Lawyer
When you need legal help with an Affair Divorce, please call Ascent Law LLC for your free consultation (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
Commercial Loan Modifications
Utah Divorce Code 30-3-5.4
What Factors Are Consider When Awarding Child Custody?
Avoiding Divorce
Health Insurance Law
84097 Attorneys
{ “@context”: “http://schema.org/”, “@type”: “Product”, “name”: “ascentlawfirm”, “description”: “Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. “, “brand”: { “@type”: “Thing”, “name”: “ascentlawfirm” }, “aggregateRating”: { “@type”: “AggregateRating”, “ratingValue”: “4.9”, “ratingCount”: “118” }, “offers”: { “@type”: “Offer”, “priceCurrency”: “USD” } }
Ascent Law St. George Utah Office
Ascent Law Ogden Utah Office
Source: https://www.ascentlawfirm.com/affair-divorce/
0 notes
Text
Affair Divorce
Infidelity (synonyms include: cheating, straying, adultery (when married), being unfaithful, or having an affair) is a violation of a couple’s assumed or stated contract regarding emotional and/or sexual exclusivity. Other scholars define infidelity as a violation according to the subjective feeling that one’s partner has violated a set of rules or relationship norms; this violation results in feelings of anger, jealousy, sexual jealousy, and rivalry. What constitutes an act of infidelity depends upon the exclusivity expectations within the relationship. In marital relationships, exclusivity expectations are commonly assumed, although they are not always met. When they are not met, research has found that psychological damage can occur, including feelings of rage and betrayal, lowering of sexual and personal confidence, and damage to self-image. Depending on the context, men and women can experience social consequences if their act of infidelity becomes public. The form and extent of these consequences are often dependent on the gender of the unfaithful person.
youtube
How Does Adultery Affect a Divorce?
Adultery is grounds for divorce in Utah. However, in order to obtain a Decree of Divorce, you need only establish that you and your spouse have irreconcilable differences. This no-fault divorce law allows parties to get divorced for virtually any reason. Establishing adultery will not help you get divorced faster or otherwise alter the divorce process. Infidelity rarely alters the outcome of a divorce in any significant way. However, when the court divides marital property and awards alimony, adultery may help tip the scales in favor of the non-offending party. Utah courts are instructed to consider all relevant facts and equitable circumstances. In addition, Utah courts are permitted to consider fault when calculating alimony. Adultery may also impact custody and parent-time decisions. Past moral conduct is one of the factors the court may consider in determining who should be deemed the primary custodial parent. Moreover, Utah courts strive to place children in the most stable environment available. New relationships that have not withstood the test of time place the child at risk of further change in the future. Long hours spent away from the marital home may indicate to the court a lack of bond between parent and child and an inability to place the child’s needs above personal needs.
Does Cheating Affect Alimony?
Adultery impacts thousands of Utah marriages each year. Many of these marriages will end in divorce. In many states, adultery can determine whether a spouse is eligible for alimony and can affect property division as well. This article will answer what impact adultery has on a Utah divorce.
What Role Does Adultery Play in a Utah Divorce?
In Utah, adultery is defined as a married person having sexual intercourse voluntarily with someone other than that person’s spouse. Adultery is taken very seriously under Utah law and is a misdemeanor criminal offense. Utah courts will consider adultery when determining whether and how much alimony to award, but it’s not a factor when dividing the couple’s property. If you believe your spouse should not receive alimony because of an affair, you will need to gather evidence to prove that the affair occurred – this can include phone records, credit card or bank statements, and any other evidence that shows your spouse was unfaithful. Proving this in court can be complicated, so it’s best to consult a family law attorney in your area to see if you will be able to prove your spouse’s adultery.
youtube
Overview of Alimony in Utah
Often, during a marriage, one spouse becomes financially dependent on the other. Many marriages today have two working spouses, but most still involve some sort of division of labor, where one spouse is responsible for earning more income, while the other spouse is more responsible for taking care of the household or children. During a divorce, Utah courts can order the spouse earning more income to make payments to a financially dependent spouse called alimony.
Utah courts consider the following factors when deciding alimony: • financial needs of the dependent spouse • earning ability of the paying spouse • length of the marriage • whether the dependent spouse has custody of minor children • whether the dependent spouse worked for the paying spouse during the marriage • whether the dependent spouse contributed to the job skills or education of the paying spouse • standard of living during the marriage, and • fault of either spouse during the marriage, including adultery or domestic violence.
In longer marriages, Utah courts may choose to equalize the standard of living of the spouses after the divorce. For shorter marriages, courts may try to return spouses to their original standard of living before the marriage. Utah courts can always change the alimony award if there is a substantial change in the spouses’ financial conditions after the divorce.
How Does Adultery Impact Alimony in Utah?
If the judge believes you have proven that your spouse was unfaithful, and that infidelity led to the breakup of the marriage, the court may deny alimony to your spouse. The adultery has to be a major cause for the breakup of the marriage for it to prevent an unfaithful spouse from receiving alimony in the divorce. If your spouse was unfaithful, but you forgave your spouse and continued to live together for a significant time after the affair, the court won’t consider the adultery when deciding alimony. And if you have also had an affair, the court you likely won’t be able to prevent your spouse from receiving alimony because of your spouse’s affair.
What Else Does Adultery Impact?
In Utah, adultery doesn’t directly impact property division in a divorce. If a spouse spent a significant amount of the couple’s money on an affair, however, the court may give the faithful spouse a larger share of the couple’s property to compensate for the lost money. If you believe you should receive a larger share of property because of your spouse’s spending on an affair, you should gather receipts and financial statements to show how and when your spouse spent the marital assets. Utah doesn’t consider adultery when deciding child custody or visitation. The only exception is if the behavior displayed during the affair shows a spouse’s inability to take care of the children.
What Rights Do I Have in Utah if My Spouse Cheats on Me?
Marriages can end in divorce for many reasons, but there are some cases where cheating is the main trigger for the breakdown of the relationship. If your spouse was the one to be unfaithful to you, it isn’t necessarily going to grant you more say or sympathy from the courts in your divorce case.
Alienation of Affection Laws
This type of lawsuit justification falls under “alienation of affection” laws, and Utah is one of six states (along with Hawaii, South Dakota, Mississippi, North Carolina, and New Mexico) left that still has this law. Besides paramours, these types of claims have also been applied to and been made against other third parties, such as therapists, clergy members, or other family members, who perhaps advised for a divorce, or otherwise maliciously interfered in the couple’s marriage. This is a civil lawsuit and would be filed separately from a divorce action. Ascent Law LLC is your divorce and family law attorney that can help you understand if your situation falls under this type of lawsuit. The Utah Supreme Court has said that the reason for this law in Utah is to protect the foundation of a marriage and give rise to the unique bonding that occurs in a successful marriage. Those whose malicious interventions have destroyed marital bonds has been held liable for alienation of affections.
youtube
Is Utah a Fault State?
Utah is a Fault State. The issue of whether a court may consider fault as it relates to alimony is now settled law and trial courts are well within their discretion to address fault when calculating alimony. The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. Fault means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: • engaging in sexual relations with a person other than the party’s spouse; • knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children; • knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or • substantially undermining the financial stability of the other party or the minor children. The plain meaning of the Utah Code Ann. §30-3-5(8)(b)-©(i-iv) makes clear that a Court has the discretion to address fault with calculating spousal support and, in fact, the Court may order or withhold alimony and adjust the amount and the term of any alimony ordered based on that wrongful conduct. This would be alleged in your divorce action.
How Do I Prove My Spouse Cheated on Me?
You don’t actually have to have some sort of physical proof of extramarital sex to make this claim; however you would need to show the court that • the marriage entailed love between the spouses in some degree (loving texts, cards, photos or videos, for example); • the spousal love was alienated and destroyed; and • the defendant’s malicious conduct contributed to or caused the loss of affection. You also need to show that the infidelity occurred while you were married and living together (not after a separation).
Evidence of infidelity may be presented publicly in court, which can be damaging enough in its own right. One of the clearest cases in which infidelity can hurt is where a spouse has spent marital assets on his/her paramour. If your spouse was renting an apartment for a fling, you may be rewarded with a larger property judgment, money judgment award, or increased alimony. Moral standards are also a statutory consideration in determining child custody and visitation (also known as parent time) and may be relevant to the extent they affect the children’s best interests. Granted, for cheating to affect the custody determination in a divorce it would likely require a rather serious pattern of actually neglecting the needs of one’s children and/or family for the sake of the affair. The fact that the court can consider moral standards does not mean that it must. The real cost of infidelity in divorce arises long before trial ever begins. Most divorces tend to settle. Settling a divorce case in mediation or through private negotiation can save the parties thousands of dollars and incalculable frustration and anguish. Infidelity can complicate this process, and not just for the offending spouse. It’s no surprise that many people seek redress or compensation when a marriage is ended through the spouse’s infidelity. If a divorcing spouse puts the desire to get back at the cheating spouse above the desire to conclude a divorce, the costs of divorce can rise, and quickly. Divorce is designed to dissolve the marriage, provide for custody of the children, divide up the marital property and debt and position the respective spouses so that they can move forward in their lives as newly single people. Mediation and settlement negotiations can shorten the divorce process by helping couples agree on child custody (if they have children) and divide the marital estate quickly and amicably; however mediation and settlement are only possible if the parties can come to fair and reasonable middle ground, or if one of them simply gives up. Cheating can make an even bigger enemy of the spouse who otherwise might have been fairly easy to work with.
youtube
The Impact of an Affair on Your Divorce Case
In Utah, adultery initiates divorce as a considered fault ground. Utah is a “no fault” divorce state. This means neither party needs to prove fault in order for a divorce to be granted. However, a party can allege fault, such as adultery, as grounds for divorce. The benefit of alleging adultery as grounds for the divorce is a question which requires careful consideration. Accordingly, consult an attorney regarding the specific facts of each case.
Building a Divorce Case around Evidence of an Affair
Although an affair used as grounds for a fault-based divorce in Utah, cheating can have little effect on a case if the fact of cheating has not directly impacted the parties’ children or the couple’s finances. However, if the cheating party squandered marital assets while pursuing an affair or if the children were directly impacted by the affair through exposure to one parent’s sexual exploits, these facts can have an impact on custody and support. • understand the law • get a sense of what kind of support you can receive • and custody entitled to you in the divorce.
Affair Divorce Lawyer
When you need legal help with an Affair Divorce, please call Ascent Law LLC for your free consultation (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
Commercial Loan Modifications
Utah Divorce Code 30-3-5.4
What Factors Are Consider When Awarding Child Custody?
Avoiding Divorce
Health Insurance Law
84097 Attorneys
{ "@context": "http://schema.org/", "@type": "Product", "name": "ascentlawfirm", "description": "Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. ", "brand": { "@type": "Thing", "name": "ascentlawfirm" }, "aggregateRating": { "@type": "AggregateRating", "ratingValue": "4.9", "ratingCount": "118" }, "offers": { "@type": "Offer", "priceCurrency": "USD" } }
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from Michael Anderson https://www.ascentlawfirm.com/affair-divorce/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/626240444302491648
0 notes
Text
Affair Divorce
Infidelity (synonyms include: cheating, straying, adultery (when married), being unfaithful, or having an affair) is a violation of a couple’s assumed or stated contract regarding emotional and/or sexual exclusivity. Other scholars define infidelity as a violation according to the subjective feeling that one’s partner has violated a set of rules or relationship norms; this violation results in feelings of anger, jealousy, sexual jealousy, and rivalry. What constitutes an act of infidelity depends upon the exclusivity expectations within the relationship. In marital relationships, exclusivity expectations are commonly assumed, although they are not always met. When they are not met, research has found that psychological damage can occur, including feelings of rage and betrayal, lowering of sexual and personal confidence, and damage to self-image. Depending on the context, men and women can experience social consequences if their act of infidelity becomes public. The form and extent of these consequences are often dependent on the gender of the unfaithful person.
youtube
How Does Adultery Affect a Divorce?
Adultery is grounds for divorce in Utah. However, in order to obtain a Decree of Divorce, you need only establish that you and your spouse have irreconcilable differences. This no-fault divorce law allows parties to get divorced for virtually any reason. Establishing adultery will not help you get divorced faster or otherwise alter the divorce process. Infidelity rarely alters the outcome of a divorce in any significant way. However, when the court divides marital property and awards alimony, adultery may help tip the scales in favor of the non-offending party. Utah courts are instructed to consider all relevant facts and equitable circumstances. In addition, Utah courts are permitted to consider fault when calculating alimony. Adultery may also impact custody and parent-time decisions. Past moral conduct is one of the factors the court may consider in determining who should be deemed the primary custodial parent. Moreover, Utah courts strive to place children in the most stable environment available. New relationships that have not withstood the test of time place the child at risk of further change in the future. Long hours spent away from the marital home may indicate to the court a lack of bond between parent and child and an inability to place the child’s needs above personal needs.
Does Cheating Affect Alimony?
Adultery impacts thousands of Utah marriages each year. Many of these marriages will end in divorce. In many states, adultery can determine whether a spouse is eligible for alimony and can affect property division as well. This article will answer what impact adultery has on a Utah divorce.
What Role Does Adultery Play in a Utah Divorce?
In Utah, adultery is defined as a married person having sexual intercourse voluntarily with someone other than that person’s spouse. Adultery is taken very seriously under Utah law and is a misdemeanor criminal offense. Utah courts will consider adultery when determining whether and how much alimony to award, but it’s not a factor when dividing the couple’s property. If you believe your spouse should not receive alimony because of an affair, you will need to gather evidence to prove that the affair occurred – this can include phone records, credit card or bank statements, and any other evidence that shows your spouse was unfaithful. Proving this in court can be complicated, so it’s best to consult a family law attorney in your area to see if you will be able to prove your spouse’s adultery.
youtube
Overview of Alimony in Utah
Often, during a marriage, one spouse becomes financially dependent on the other. Many marriages today have two working spouses, but most still involve some sort of division of labor, where one spouse is responsible for earning more income, while the other spouse is more responsible for taking care of the household or children. During a divorce, Utah courts can order the spouse earning more income to make payments to a financially dependent spouse called alimony.
Utah courts consider the following factors when deciding alimony: • financial needs of the dependent spouse • earning ability of the paying spouse • length of the marriage • whether the dependent spouse has custody of minor children • whether the dependent spouse worked for the paying spouse during the marriage • whether the dependent spouse contributed to the job skills or education of the paying spouse • standard of living during the marriage, and • fault of either spouse during the marriage, including adultery or domestic violence.
In longer marriages, Utah courts may choose to equalize the standard of living of the spouses after the divorce. For shorter marriages, courts may try to return spouses to their original standard of living before the marriage. Utah courts can always change the alimony award if there is a substantial change in the spouses’ financial conditions after the divorce.
How Does Adultery Impact Alimony in Utah?
If the judge believes you have proven that your spouse was unfaithful, and that infidelity led to the breakup of the marriage, the court may deny alimony to your spouse. The adultery has to be a major cause for the breakup of the marriage for it to prevent an unfaithful spouse from receiving alimony in the divorce. If your spouse was unfaithful, but you forgave your spouse and continued to live together for a significant time after the affair, the court won’t consider the adultery when deciding alimony. And if you have also had an affair, the court you likely won’t be able to prevent your spouse from receiving alimony because of your spouse’s affair.
What Else Does Adultery Impact?
In Utah, adultery doesn’t directly impact property division in a divorce. If a spouse spent a significant amount of the couple’s money on an affair, however, the court may give the faithful spouse a larger share of the couple’s property to compensate for the lost money. If you believe you should receive a larger share of property because of your spouse’s spending on an affair, you should gather receipts and financial statements to show how and when your spouse spent the marital assets. Utah doesn’t consider adultery when deciding child custody or visitation. The only exception is if the behavior displayed during the affair shows a spouse’s inability to take care of the children.
What Rights Do I Have in Utah if My Spouse Cheats on Me?
Marriages can end in divorce for many reasons, but there are some cases where cheating is the main trigger for the breakdown of the relationship. If your spouse was the one to be unfaithful to you, it isn’t necessarily going to grant you more say or sympathy from the courts in your divorce case.
Alienation of Affection Laws
This type of lawsuit justification falls under “alienation of affection” laws, and Utah is one of six states (along with Hawaii, South Dakota, Mississippi, North Carolina, and New Mexico) left that still has this law. Besides paramours, these types of claims have also been applied to and been made against other third parties, such as therapists, clergy members, or other family members, who perhaps advised for a divorce, or otherwise maliciously interfered in the couple’s marriage. This is a civil lawsuit and would be filed separately from a divorce action. Ascent Law LLC is your divorce and family law attorney that can help you understand if your situation falls under this type of lawsuit. The Utah Supreme Court has said that the reason for this law in Utah is to protect the foundation of a marriage and give rise to the unique bonding that occurs in a successful marriage. Those whose malicious interventions have destroyed marital bonds has been held liable for alienation of affections.
youtube
Is Utah a Fault State?
Utah is a Fault State. The issue of whether a court may consider fault as it relates to alimony is now settled law and trial courts are well within their discretion to address fault when calculating alimony. The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. Fault means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: • engaging in sexual relations with a person other than the party’s spouse; • knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children; • knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or • substantially undermining the financial stability of the other party or the minor children. The plain meaning of the Utah Code Ann. §30-3-5(8)(b)-(c)(i-iv) makes clear that a Court has the discretion to address fault with calculating spousal support and, in fact, the Court may order or withhold alimony and adjust the amount and the term of any alimony ordered based on that wrongful conduct. This would be alleged in your divorce action.
How Do I Prove My Spouse Cheated on Me?
You don’t actually have to have some sort of physical proof of extramarital sex to make this claim; however you would need to show the court that • the marriage entailed love between the spouses in some degree (loving texts, cards, photos or videos, for example); • the spousal love was alienated and destroyed; and • the defendant’s malicious conduct contributed to or caused the loss of affection. You also need to show that the infidelity occurred while you were married and living together (not after a separation).
Evidence of infidelity may be presented publicly in court, which can be damaging enough in its own right. One of the clearest cases in which infidelity can hurt is where a spouse has spent marital assets on his/her paramour. If your spouse was renting an apartment for a fling, you may be rewarded with a larger property judgment, money judgment award, or increased alimony. Moral standards are also a statutory consideration in determining child custody and visitation (also known as parent time) and may be relevant to the extent they affect the children’s best interests. Granted, for cheating to affect the custody determination in a divorce it would likely require a rather serious pattern of actually neglecting the needs of one’s children and/or family for the sake of the affair. The fact that the court can consider moral standards does not mean that it must. The real cost of infidelity in divorce arises long before trial ever begins. Most divorces tend to settle. Settling a divorce case in mediation or through private negotiation can save the parties thousands of dollars and incalculable frustration and anguish. Infidelity can complicate this process, and not just for the offending spouse. It’s no surprise that many people seek redress or compensation when a marriage is ended through the spouse’s infidelity. If a divorcing spouse puts the desire to get back at the cheating spouse above the desire to conclude a divorce, the costs of divorce can rise, and quickly. Divorce is designed to dissolve the marriage, provide for custody of the children, divide up the marital property and debt and position the respective spouses so that they can move forward in their lives as newly single people. Mediation and settlement negotiations can shorten the divorce process by helping couples agree on child custody (if they have children) and divide the marital estate quickly and amicably; however mediation and settlement are only possible if the parties can come to fair and reasonable middle ground, or if one of them simply gives up. Cheating can make an even bigger enemy of the spouse who otherwise might have been fairly easy to work with.
youtube
The Impact of an Affair on Your Divorce Case
In Utah, adultery initiates divorce as a considered fault ground. Utah is a “no fault” divorce state. This means neither party needs to prove fault in order for a divorce to be granted. However, a party can allege fault, such as adultery, as grounds for divorce. The benefit of alleging adultery as grounds for the divorce is a question which requires careful consideration. Accordingly, consult an attorney regarding the specific facts of each case.
Building a Divorce Case around Evidence of an Affair
Although an affair used as grounds for a fault-based divorce in Utah, cheating can have little effect on a case if the fact of cheating has not directly impacted the parties’ children or the couple’s finances. However, if the cheating party squandered marital assets while pursuing an affair or if the children were directly impacted by the affair through exposure to one parent’s sexual exploits, these facts can have an impact on custody and support. • understand the law • get a sense of what kind of support you can receive • and custody entitled to you in the divorce.
Affair Divorce Lawyer
When you need legal help with an Affair Divorce, please call Ascent Law LLC for your free consultation (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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Utah Divorce Code 30-3-5.4
What Factors Are Consider When Awarding Child Custody?
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Ascent Law Ogden Utah Office
Source: https://www.ascentlawfirm.com/affair-divorce/
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Affair Divorce
Infidelity (synonyms include: cheating, straying, adultery (when married), being unfaithful, or having an affair) is a violation of a couple’s assumed or stated contract regarding emotional and/or sexual exclusivity. Other scholars define infidelity as a violation according to the subjective feeling that one’s partner has violated a set of rules or relationship norms; this violation results in feelings of anger, jealousy, sexual jealousy, and rivalry. What constitutes an act of infidelity depends upon the exclusivity expectations within the relationship. In marital relationships, exclusivity expectations are commonly assumed, although they are not always met. When they are not met, research has found that psychological damage can occur, including feelings of rage and betrayal, lowering of sexual and personal confidence, and damage to self-image. Depending on the context, men and women can experience social consequences if their act of infidelity becomes public. The form and extent of these consequences are often dependent on the gender of the unfaithful person.
youtube
How Does Adultery Affect a Divorce?
Adultery is grounds for divorce in Utah. However, in order to obtain a Decree of Divorce, you need only establish that you and your spouse have irreconcilable differences. This no-fault divorce law allows parties to get divorced for virtually any reason. Establishing adultery will not help you get divorced faster or otherwise alter the divorce process. Infidelity rarely alters the outcome of a divorce in any significant way. However, when the court divides marital property and awards alimony, adultery may help tip the scales in favor of the non-offending party. Utah courts are instructed to consider all relevant facts and equitable circumstances. In addition, Utah courts are permitted to consider fault when calculating alimony. Adultery may also impact custody and parent-time decisions. Past moral conduct is one of the factors the court may consider in determining who should be deemed the primary custodial parent. Moreover, Utah courts strive to place children in the most stable environment available. New relationships that have not withstood the test of time place the child at risk of further change in the future. Long hours spent away from the marital home may indicate to the court a lack of bond between parent and child and an inability to place the child’s needs above personal needs.
Does Cheating Affect Alimony?
Adultery impacts thousands of Utah marriages each year. Many of these marriages will end in divorce. In many states, adultery can determine whether a spouse is eligible for alimony and can affect property division as well. This article will answer what impact adultery has on a Utah divorce.
What Role Does Adultery Play in a Utah Divorce?
In Utah, adultery is defined as a married person having sexual intercourse voluntarily with someone other than that person’s spouse. Adultery is taken very seriously under Utah law and is a misdemeanor criminal offense. Utah courts will consider adultery when determining whether and how much alimony to award, but it’s not a factor when dividing the couple’s property. If you believe your spouse should not receive alimony because of an affair, you will need to gather evidence to prove that the affair occurred – this can include phone records, credit card or bank statements, and any other evidence that shows your spouse was unfaithful. Proving this in court can be complicated, so it’s best to consult a family law attorney in your area to see if you will be able to prove your spouse’s adultery.
youtube
Overview of Alimony in Utah
Often, during a marriage, one spouse becomes financially dependent on the other. Many marriages today have two working spouses, but most still involve some sort of division of labor, where one spouse is responsible for earning more income, while the other spouse is more responsible for taking care of the household or children. During a divorce, Utah courts can order the spouse earning more income to make payments to a financially dependent spouse called alimony.
Utah courts consider the following factors when deciding alimony: • financial needs of the dependent spouse • earning ability of the paying spouse • length of the marriage • whether the dependent spouse has custody of minor children • whether the dependent spouse worked for the paying spouse during the marriage • whether the dependent spouse contributed to the job skills or education of the paying spouse • standard of living during the marriage, and • fault of either spouse during the marriage, including adultery or domestic violence.
In longer marriages, Utah courts may choose to equalize the standard of living of the spouses after the divorce. For shorter marriages, courts may try to return spouses to their original standard of living before the marriage. Utah courts can always change the alimony award if there is a substantial change in the spouses’ financial conditions after the divorce.
How Does Adultery Impact Alimony in Utah?
If the judge believes you have proven that your spouse was unfaithful, and that infidelity led to the breakup of the marriage, the court may deny alimony to your spouse. The adultery has to be a major cause for the breakup of the marriage for it to prevent an unfaithful spouse from receiving alimony in the divorce. If your spouse was unfaithful, but you forgave your spouse and continued to live together for a significant time after the affair, the court won’t consider the adultery when deciding alimony. And if you have also had an affair, the court you likely won’t be able to prevent your spouse from receiving alimony because of your spouse’s affair.
What Else Does Adultery Impact?
In Utah, adultery doesn’t directly impact property division in a divorce. If a spouse spent a significant amount of the couple’s money on an affair, however, the court may give the faithful spouse a larger share of the couple’s property to compensate for the lost money. If you believe you should receive a larger share of property because of your spouse’s spending on an affair, you should gather receipts and financial statements to show how and when your spouse spent the marital assets. Utah doesn’t consider adultery when deciding child custody or visitation. The only exception is if the behavior displayed during the affair shows a spouse’s inability to take care of the children.
What Rights Do I Have in Utah if My Spouse Cheats on Me?
Marriages can end in divorce for many reasons, but there are some cases where cheating is the main trigger for the breakdown of the relationship. If your spouse was the one to be unfaithful to you, it isn’t necessarily going to grant you more say or sympathy from the courts in your divorce case.
Alienation of Affection Laws
This type of lawsuit justification falls under “alienation of affection” laws, and Utah is one of six states (along with Hawaii, South Dakota, Mississippi, North Carolina, and New Mexico) left that still has this law. Besides paramours, these types of claims have also been applied to and been made against other third parties, such as therapists, clergy members, or other family members, who perhaps advised for a divorce, or otherwise maliciously interfered in the couple’s marriage. This is a civil lawsuit and would be filed separately from a divorce action. Ascent Law LLC is your divorce and family law attorney that can help you understand if your situation falls under this type of lawsuit. The Utah Supreme Court has said that the reason for this law in Utah is to protect the foundation of a marriage and give rise to the unique bonding that occurs in a successful marriage. Those whose malicious interventions have destroyed marital bonds has been held liable for alienation of affections.
youtube
Is Utah a Fault State?
Utah is a Fault State. The issue of whether a court may consider fault as it relates to alimony is now settled law and trial courts are well within their discretion to address fault when calculating alimony. The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. Fault means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: • engaging in sexual relations with a person other than the party’s spouse; • knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children; • knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or • substantially undermining the financial stability of the other party or the minor children. The plain meaning of the Utah Code Ann. §30-3-5(8)(b)-(c)(i-iv) makes clear that a Court has the discretion to address fault with calculating spousal support and, in fact, the Court may order or withhold alimony and adjust the amount and the term of any alimony ordered based on that wrongful conduct. This would be alleged in your divorce action.
How Do I Prove My Spouse Cheated on Me?
You don’t actually have to have some sort of physical proof of extramarital sex to make this claim; however you would need to show the court that • the marriage entailed love between the spouses in some degree (loving texts, cards, photos or videos, for example); • the spousal love was alienated and destroyed; and • the defendant’s malicious conduct contributed to or caused the loss of affection. You also need to show that the infidelity occurred while you were married and living together (not after a separation).
Evidence of infidelity may be presented publicly in court, which can be damaging enough in its own right. One of the clearest cases in which infidelity can hurt is where a spouse has spent marital assets on his/her paramour. If your spouse was renting an apartment for a fling, you may be rewarded with a larger property judgment, money judgment award, or increased alimony. Moral standards are also a statutory consideration in determining child custody and visitation (also known as parent time) and may be relevant to the extent they affect the children’s best interests. Granted, for cheating to affect the custody determination in a divorce it would likely require a rather serious pattern of actually neglecting the needs of one’s children and/or family for the sake of the affair. The fact that the court can consider moral standards does not mean that it must. The real cost of infidelity in divorce arises long before trial ever begins. Most divorces tend to settle. Settling a divorce case in mediation or through private negotiation can save the parties thousands of dollars and incalculable frustration and anguish. Infidelity can complicate this process, and not just for the offending spouse. It’s no surprise that many people seek redress or compensation when a marriage is ended through the spouse’s infidelity. If a divorcing spouse puts the desire to get back at the cheating spouse above the desire to conclude a divorce, the costs of divorce can rise, and quickly. Divorce is designed to dissolve the marriage, provide for custody of the children, divide up the marital property and debt and position the respective spouses so that they can move forward in their lives as newly single people. Mediation and settlement negotiations can shorten the divorce process by helping couples agree on child custody (if they have children) and divide the marital estate quickly and amicably; however mediation and settlement are only possible if the parties can come to fair and reasonable middle ground, or if one of them simply gives up. Cheating can make an even bigger enemy of the spouse who otherwise might have been fairly easy to work with.
youtube
The Impact of an Affair on Your Divorce Case
In Utah, adultery initiates divorce as a considered fault ground. Utah is a “no fault” divorce state. This means neither party needs to prove fault in order for a divorce to be granted. However, a party can allege fault, such as adultery, as grounds for divorce. The benefit of alleging adultery as grounds for the divorce is a question which requires careful consideration. Accordingly, consult an attorney regarding the specific facts of each case.
Building a Divorce Case around Evidence of an Affair
Although an affair used as grounds for a fault-based divorce in Utah, cheating can have little effect on a case if the fact of cheating has not directly impacted the parties’ children or the couple’s finances. However, if the cheating party squandered marital assets while pursuing an affair or if the children were directly impacted by the affair through exposure to one parent’s sexual exploits, these facts can have an impact on custody and support. • understand the law • get a sense of what kind of support you can receive • and custody entitled to you in the divorce.
Affair Divorce Lawyer
When you need legal help with an Affair Divorce, please call Ascent Law LLC for your free consultation (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
Commercial Loan Modifications
Utah Divorce Code 30-3-5.4
What Factors Are Consider When Awarding Child Custody?
Avoiding Divorce
Health Insurance Law
84097 Attorneys
{ "@context": "http://schema.org/", "@type": "Product", "name": "ascentlawfirm", "description": "Ascent Law helps you in divorce, bankruptcy, probate, business or criminal cases in Utah, call 801-676-5506 for a free consultation today. We want to help you. ", "brand": { "@type": "Thing", "name": "ascentlawfirm" }, "aggregateRating": { "@type": "AggregateRating", "ratingValue": "4.9", "ratingCount": "118" }, "offers": { "@type": "Offer", "priceCurrency": "USD" } }
Ascent Law St. George Utah Office
Ascent Law Ogden Utah Office
from Michael Anderson https://www.ascentlawfirm.com/affair-divorce/
0 notes
Text
Affair Divorce
Infidelity (synonyms include: cheating, straying, adultery (when married), being unfaithful, or having an affair) is a violation of a couple’s assumed or stated contract regarding emotional and/or sexual exclusivity. Other scholars define infidelity as a violation according to the subjective feeling that one’s partner has violated a set of rules or relationship norms; this violation results in feelings of anger, jealousy, sexual jealousy, and rivalry. What constitutes an act of infidelity depends upon the exclusivity expectations within the relationship. In marital relationships, exclusivity expectations are commonly assumed, although they are not always met. When they are not met, research has found that psychological damage can occur, including feelings of rage and betrayal, lowering of sexual and personal confidence, and damage to self-image. Depending on the context, men and women can experience social consequences if their act of infidelity becomes public. The form and extent of these consequences are often dependent on the gender of the unfaithful person.
youtube
How Does Adultery Affect a Divorce?
Adultery is grounds for divorce in Utah. However, in order to obtain a Decree of Divorce, you need only establish that you and your spouse have irreconcilable differences. This no-fault divorce law allows parties to get divorced for virtually any reason. Establishing adultery will not help you get divorced faster or otherwise alter the divorce process. Infidelity rarely alters the outcome of a divorce in any significant way. However, when the court divides marital property and awards alimony, adultery may help tip the scales in favor of the non-offending party. Utah courts are instructed to consider all relevant facts and equitable circumstances. In addition, Utah courts are permitted to consider fault when calculating alimony. Adultery may also impact custody and parent-time decisions. Past moral conduct is one of the factors the court may consider in determining who should be deemed the primary custodial parent. Moreover, Utah courts strive to place children in the most stable environment available. New relationships that have not withstood the test of time place the child at risk of further change in the future. Long hours spent away from the marital home may indicate to the court a lack of bond between parent and child and an inability to place the child’s needs above personal needs.
Does Cheating Affect Alimony?
Adultery impacts thousands of Utah marriages each year. Many of these marriages will end in divorce. In many states, adultery can determine whether a spouse is eligible for alimony and can affect property division as well. This article will answer what impact adultery has on a Utah divorce.
What Role Does Adultery Play in a Utah Divorce?
In Utah, adultery is defined as a married person having sexual intercourse voluntarily with someone other than that person’s spouse. Adultery is taken very seriously under Utah law and is a misdemeanor criminal offense. Utah courts will consider adultery when determining whether and how much alimony to award, but it’s not a factor when dividing the couple’s property. If you believe your spouse should not receive alimony because of an affair, you will need to gather evidence to prove that the affair occurred – this can include phone records, credit card or bank statements, and any other evidence that shows your spouse was unfaithful. Proving this in court can be complicated, so it’s best to consult a family law attorney in your area to see if you will be able to prove your spouse’s adultery.
youtube
Overview of Alimony in Utah
Often, during a marriage, one spouse becomes financially dependent on the other. Many marriages today have two working spouses, but most still involve some sort of division of labor, where one spouse is responsible for earning more income, while the other spouse is more responsible for taking care of the household or children. During a divorce, Utah courts can order the spouse earning more income to make payments to a financially dependent spouse called alimony.
Utah courts consider the following factors when deciding alimony: • financial needs of the dependent spouse • earning ability of the paying spouse • length of the marriage • whether the dependent spouse has custody of minor children • whether the dependent spouse worked for the paying spouse during the marriage • whether the dependent spouse contributed to the job skills or education of the paying spouse • standard of living during the marriage, and • fault of either spouse during the marriage, including adultery or domestic violence.
In longer marriages, Utah courts may choose to equalize the standard of living of the spouses after the divorce. For shorter marriages, courts may try to return spouses to their original standard of living before the marriage. Utah courts can always change the alimony award if there is a substantial change in the spouses’ financial conditions after the divorce.
How Does Adultery Impact Alimony in Utah?
If the judge believes you have proven that your spouse was unfaithful, and that infidelity led to the breakup of the marriage, the court may deny alimony to your spouse. The adultery has to be a major cause for the breakup of the marriage for it to prevent an unfaithful spouse from receiving alimony in the divorce. If your spouse was unfaithful, but you forgave your spouse and continued to live together for a significant time after the affair, the court won’t consider the adultery when deciding alimony. And if you have also had an affair, the court you likely won’t be able to prevent your spouse from receiving alimony because of your spouse’s affair.
What Else Does Adultery Impact?
In Utah, adultery doesn’t directly impact property division in a divorce. If a spouse spent a significant amount of the couple’s money on an affair, however, the court may give the faithful spouse a larger share of the couple’s property to compensate for the lost money. If you believe you should receive a larger share of property because of your spouse’s spending on an affair, you should gather receipts and financial statements to show how and when your spouse spent the marital assets. Utah doesn’t consider adultery when deciding child custody or visitation. The only exception is if the behavior displayed during the affair shows a spouse’s inability to take care of the children.
What Rights Do I Have in Utah if My Spouse Cheats on Me?
Marriages can end in divorce for many reasons, but there are some cases where cheating is the main trigger for the breakdown of the relationship. If your spouse was the one to be unfaithful to you, it isn’t necessarily going to grant you more say or sympathy from the courts in your divorce case.
Alienation of Affection Laws
This type of lawsuit justification falls under “alienation of affection” laws, and Utah is one of six states (along with Hawaii, South Dakota, Mississippi, North Carolina, and New Mexico) left that still has this law. Besides paramours, these types of claims have also been applied to and been made against other third parties, such as therapists, clergy members, or other family members, who perhaps advised for a divorce, or otherwise maliciously interfered in the couple’s marriage. This is a civil lawsuit and would be filed separately from a divorce action. Ascent Law LLC is your divorce and family law attorney that can help you understand if your situation falls under this type of lawsuit. The Utah Supreme Court has said that the reason for this law in Utah is to protect the foundation of a marriage and give rise to the unique bonding that occurs in a successful marriage. Those whose malicious interventions have destroyed marital bonds has been held liable for alienation of affections.
youtube
Is Utah a Fault State?
Utah is a Fault State. The issue of whether a court may consider fault as it relates to alimony is now settled law and trial courts are well within their discretion to address fault when calculating alimony. The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. Fault means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: • engaging in sexual relations with a person other than the party’s spouse; • knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children; • knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or • substantially undermining the financial stability of the other party or the minor children. The plain meaning of the Utah Code Ann. §30-3-5(8)(b)-(c)(i-iv) makes clear that a Court has the discretion to address fault with calculating spousal support and, in fact, the Court may order or withhold alimony and adjust the amount and the term of any alimony ordered based on that wrongful conduct. This would be alleged in your divorce action.
How Do I Prove My Spouse Cheated on Me?
You don’t actually have to have some sort of physical proof of extramarital sex to make this claim; however you would need to show the court that • the marriage entailed love between the spouses in some degree (loving texts, cards, photos or videos, for example); • the spousal love was alienated and destroyed; and • the defendant’s malicious conduct contributed to or caused the loss of affection. You also need to show that the infidelity occurred while you were married and living together (not after a separation).
Evidence of infidelity may be presented publicly in court, which can be damaging enough in its own right. One of the clearest cases in which infidelity can hurt is where a spouse has spent marital assets on his/her paramour. If your spouse was renting an apartment for a fling, you may be rewarded with a larger property judgment, money judgment award, or increased alimony. Moral standards are also a statutory consideration in determining child custody and visitation (also known as parent time) and may be relevant to the extent they affect the children’s best interests. Granted, for cheating to affect the custody determination in a divorce it would likely require a rather serious pattern of actually neglecting the needs of one’s children and/or family for the sake of the affair. The fact that the court can consider moral standards does not mean that it must. The real cost of infidelity in divorce arises long before trial ever begins. Most divorces tend to settle. Settling a divorce case in mediation or through private negotiation can save the parties thousands of dollars and incalculable frustration and anguish. Infidelity can complicate this process, and not just for the offending spouse. It’s no surprise that many people seek redress or compensation when a marriage is ended through the spouse’s infidelity. If a divorcing spouse puts the desire to get back at the cheating spouse above the desire to conclude a divorce, the costs of divorce can rise, and quickly. Divorce is designed to dissolve the marriage, provide for custody of the children, divide up the marital property and debt and position the respective spouses so that they can move forward in their lives as newly single people. Mediation and settlement negotiations can shorten the divorce process by helping couples agree on child custody (if they have children) and divide the marital estate quickly and amicably; however mediation and settlement are only possible if the parties can come to fair and reasonable middle ground, or if one of them simply gives up. Cheating can make an even bigger enemy of the spouse who otherwise might have been fairly easy to work with.
youtube
The Impact of an Affair on Your Divorce Case
In Utah, adultery initiates divorce as a considered fault ground. Utah is a “no fault” divorce state. This means neither party needs to prove fault in order for a divorce to be granted. However, a party can allege fault, such as adultery, as grounds for divorce. The benefit of alleging adultery as grounds for the divorce is a question which requires careful consideration. Accordingly, consult an attorney regarding the specific facts of each case.
Building a Divorce Case around Evidence of an Affair
Although an affair used as grounds for a fault-based divorce in Utah, cheating can have little effect on a case if the fact of cheating has not directly impacted the parties’ children or the couple’s finances. However, if the cheating party squandered marital assets while pursuing an affair or if the children were directly impacted by the affair through exposure to one parent’s sexual exploits, these facts can have an impact on custody and support. • understand the law • get a sense of what kind of support you can receive • and custody entitled to you in the divorce.
Affair Divorce Lawyer
When you need legal help with an Affair Divorce, please call Ascent Law LLC for your free consultation (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
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Utah Divorce Code 30-3-5.4
What Factors Are Consider When Awarding Child Custody?
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Source: https://www.ascentlawfirm.com/affair-divorce/
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Affair Divorce
Infidelity (synonyms include: cheating, straying, adultery (when married), being unfaithful, or having an affair) is a violation of a couple’s assumed or stated contract regarding emotional and/or sexual exclusivity. Other scholars define infidelity as a violation according to the subjective feeling that one’s partner has violated a set of rules or relationship norms; this violation results in feelings of anger, jealousy, sexual jealousy, and rivalry. What constitutes an act of infidelity depends upon the exclusivity expectations within the relationship. In marital relationships, exclusivity expectations are commonly assumed, although they are not always met. When they are not met, research has found that psychological damage can occur, including feelings of rage and betrayal, lowering of sexual and personal confidence, and damage to self-image. Depending on the context, men and women can experience social consequences if their act of infidelity becomes public. The form and extent of these consequences are often dependent on the gender of the unfaithful person.
youtube
How Does Adultery Affect a Divorce?
Adultery is grounds for divorce in Utah. However, in order to obtain a Decree of Divorce, you need only establish that you and your spouse have irreconcilable differences. This no-fault divorce law allows parties to get divorced for virtually any reason. Establishing adultery will not help you get divorced faster or otherwise alter the divorce process. Infidelity rarely alters the outcome of a divorce in any significant way. However, when the court divides marital property and awards alimony, adultery may help tip the scales in favor of the non-offending party. Utah courts are instructed to consider all relevant facts and equitable circumstances. In addition, Utah courts are permitted to consider fault when calculating alimony. Adultery may also impact custody and parent-time decisions. Past moral conduct is one of the factors the court may consider in determining who should be deemed the primary custodial parent. Moreover, Utah courts strive to place children in the most stable environment available. New relationships that have not withstood the test of time place the child at risk of further change in the future. Long hours spent away from the marital home may indicate to the court a lack of bond between parent and child and an inability to place the child’s needs above personal needs.
Does Cheating Affect Alimony?
Adultery impacts thousands of Utah marriages each year. Many of these marriages will end in divorce. In many states, adultery can determine whether a spouse is eligible for alimony and can affect property division as well. This article will answer what impact adultery has on a Utah divorce.
What Role Does Adultery Play in a Utah Divorce?
In Utah, adultery is defined as a married person having sexual intercourse voluntarily with someone other than that person’s spouse. Adultery is taken very seriously under Utah law and is a misdemeanor criminal offense. Utah courts will consider adultery when determining whether and how much alimony to award, but it’s not a factor when dividing the couple’s property. If you believe your spouse should not receive alimony because of an affair, you will need to gather evidence to prove that the affair occurred – this can include phone records, credit card or bank statements, and any other evidence that shows your spouse was unfaithful. Proving this in court can be complicated, so it’s best to consult a family law attorney in your area to see if you will be able to prove your spouse’s adultery.
youtube
Overview of Alimony in Utah
Often, during a marriage, one spouse becomes financially dependent on the other. Many marriages today have two working spouses, but most still involve some sort of division of labor, where one spouse is responsible for earning more income, while the other spouse is more responsible for taking care of the household or children. During a divorce, Utah courts can order the spouse earning more income to make payments to a financially dependent spouse called alimony.
Utah courts consider the following factors when deciding alimony: • financial needs of the dependent spouse • earning ability of the paying spouse • length of the marriage • whether the dependent spouse has custody of minor children • whether the dependent spouse worked for the paying spouse during the marriage • whether the dependent spouse contributed to the job skills or education of the paying spouse • standard of living during the marriage, and • fault of either spouse during the marriage, including adultery or domestic violence.
In longer marriages, Utah courts may choose to equalize the standard of living of the spouses after the divorce. For shorter marriages, courts may try to return spouses to their original standard of living before the marriage. Utah courts can always change the alimony award if there is a substantial change in the spouses’ financial conditions after the divorce.
How Does Adultery Impact Alimony in Utah?
If the judge believes you have proven that your spouse was unfaithful, and that infidelity led to the breakup of the marriage, the court may deny alimony to your spouse. The adultery has to be a major cause for the breakup of the marriage for it to prevent an unfaithful spouse from receiving alimony in the divorce. If your spouse was unfaithful, but you forgave your spouse and continued to live together for a significant time after the affair, the court won’t consider the adultery when deciding alimony. And if you have also had an affair, the court you likely won’t be able to prevent your spouse from receiving alimony because of your spouse’s affair.
What Else Does Adultery Impact?
In Utah, adultery doesn’t directly impact property division in a divorce. If a spouse spent a significant amount of the couple’s money on an affair, however, the court may give the faithful spouse a larger share of the couple’s property to compensate for the lost money. If you believe you should receive a larger share of property because of your spouse’s spending on an affair, you should gather receipts and financial statements to show how and when your spouse spent the marital assets. Utah doesn’t consider adultery when deciding child custody or visitation. The only exception is if the behavior displayed during the affair shows a spouse’s inability to take care of the children.
What Rights Do I Have in Utah if My Spouse Cheats on Me?
Marriages can end in divorce for many reasons, but there are some cases where cheating is the main trigger for the breakdown of the relationship. If your spouse was the one to be unfaithful to you, it isn’t necessarily going to grant you more say or sympathy from the courts in your divorce case.
Alienation of Affection Laws
This type of lawsuit justification falls under “alienation of affection” laws, and Utah is one of six states (along with Hawaii, South Dakota, Mississippi, North Carolina, and New Mexico) left that still has this law. Besides paramours, these types of claims have also been applied to and been made against other third parties, such as therapists, clergy members, or other family members, who perhaps advised for a divorce, or otherwise maliciously interfered in the couple’s marriage. This is a civil lawsuit and would be filed separately from a divorce action. Ascent Law LLC is your divorce and family law attorney that can help you understand if your situation falls under this type of lawsuit. The Utah Supreme Court has said that the reason for this law in Utah is to protect the foundation of a marriage and give rise to the unique bonding that occurs in a successful marriage. Those whose malicious interventions have destroyed marital bonds has been held liable for alienation of affections.
youtube
Is Utah a Fault State?
Utah is a Fault State. The issue of whether a court may consider fault as it relates to alimony is now settled law and trial courts are well within their discretion to address fault when calculating alimony. The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. Fault means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: • engaging in sexual relations with a person other than the party’s spouse; • knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children; • knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or • substantially undermining the financial stability of the other party or the minor children. The plain meaning of the Utah Code Ann. §30-3-5(8)(b)-(c)(i-iv) makes clear that a Court has the discretion to address fault with calculating spousal support and, in fact, the Court may order or withhold alimony and adjust the amount and the term of any alimony ordered based on that wrongful conduct. This would be alleged in your divorce action.
How Do I Prove My Spouse Cheated on Me?
You don’t actually have to have some sort of physical proof of extramarital sex to make this claim; however you would need to show the court that • the marriage entailed love between the spouses in some degree (loving texts, cards, photos or videos, for example); • the spousal love was alienated and destroyed; and • the defendant’s malicious conduct contributed to or caused the loss of affection. You also need to show that the infidelity occurred while you were married and living together (not after a separation).
Evidence of infidelity may be presented publicly in court, which can be damaging enough in its own right. One of the clearest cases in which infidelity can hurt is where a spouse has spent marital assets on his/her paramour. If your spouse was renting an apartment for a fling, you may be rewarded with a larger property judgment, money judgment award, or increased alimony. Moral standards are also a statutory consideration in determining child custody and visitation (also known as parent time) and may be relevant to the extent they affect the children’s best interests. Granted, for cheating to affect the custody determination in a divorce it would likely require a rather serious pattern of actually neglecting the needs of one’s children and/or family for the sake of the affair. The fact that the court can consider moral standards does not mean that it must. The real cost of infidelity in divorce arises long before trial ever begins. Most divorces tend to settle. Settling a divorce case in mediation or through private negotiation can save the parties thousands of dollars and incalculable frustration and anguish. Infidelity can complicate this process, and not just for the offending spouse. It’s no surprise that many people seek redress or compensation when a marriage is ended through the spouse’s infidelity. If a divorcing spouse puts the desire to get back at the cheating spouse above the desire to conclude a divorce, the costs of divorce can rise, and quickly. Divorce is designed to dissolve the marriage, provide for custody of the children, divide up the marital property and debt and position the respective spouses so that they can move forward in their lives as newly single people. Mediation and settlement negotiations can shorten the divorce process by helping couples agree on child custody (if they have children) and divide the marital estate quickly and amicably; however mediation and settlement are only possible if the parties can come to fair and reasonable middle ground, or if one of them simply gives up. Cheating can make an even bigger enemy of the spouse who otherwise might have been fairly easy to work with.
youtube
The Impact of an Affair on Your Divorce Case
In Utah, adultery initiates divorce as a considered fault ground. Utah is a “no fault” divorce state. This means neither party needs to prove fault in order for a divorce to be granted. However, a party can allege fault, such as adultery, as grounds for divorce. The benefit of alleging adultery as grounds for the divorce is a question which requires careful consideration. Accordingly, consult an attorney regarding the specific facts of each case.
Building a Divorce Case around Evidence of an Affair
Although an affair used as grounds for a fault-based divorce in Utah, cheating can have little effect on a case if the fact of cheating has not directly impacted the parties’ children or the couple’s finances. However, if the cheating party squandered marital assets while pursuing an affair or if the children were directly impacted by the affair through exposure to one parent’s sexual exploits, these facts can have an impact on custody and support. • understand the law • get a sense of what kind of support you can receive • and custody entitled to you in the divorce.
Affair Divorce Lawyer
When you need legal help with an Affair Divorce, please call Ascent Law LLC for your free consultation (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
Commercial Loan Modifications
Utah Divorce Code 30-3-5.4
What Factors Are Consider When Awarding Child Custody?
Avoiding Divorce
Health Insurance Law
84097 Attorneys
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Ascent Law St. George Utah Office
Ascent Law Ogden Utah Office
from Michael Anderson https://www.ascentlawfirm.com/affair-divorce/
from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/08/12/affair-divorce/
0 notes
Text
Affair Divorce
Infidelity (synonyms include: cheating, straying, adultery (when married), being unfaithful, or having an affair) is a violation of a couple’s assumed or stated contract regarding emotional and/or sexual exclusivity. Other scholars define infidelity as a violation according to the subjective feeling that one’s partner has violated a set of rules or relationship norms; this violation results in feelings of anger, jealousy, sexual jealousy, and rivalry. What constitutes an act of infidelity depends upon the exclusivity expectations within the relationship. In marital relationships, exclusivity expectations are commonly assumed, although they are not always met. When they are not met, research has found that psychological damage can occur, including feelings of rage and betrayal, lowering of sexual and personal confidence, and damage to self-image. Depending on the context, men and women can experience social consequences if their act of infidelity becomes public. The form and extent of these consequences are often dependent on the gender of the unfaithful person.
youtube
How Does Adultery Affect a Divorce?
Adultery is grounds for divorce in Utah. However, in order to obtain a Decree of Divorce, you need only establish that you and your spouse have irreconcilable differences. This no-fault divorce law allows parties to get divorced for virtually any reason. Establishing adultery will not help you get divorced faster or otherwise alter the divorce process. Infidelity rarely alters the outcome of a divorce in any significant way. However, when the court divides marital property and awards alimony, adultery may help tip the scales in favor of the non-offending party. Utah courts are instructed to consider all relevant facts and equitable circumstances. In addition, Utah courts are permitted to consider fault when calculating alimony. Adultery may also impact custody and parent-time decisions. Past moral conduct is one of the factors the court may consider in determining who should be deemed the primary custodial parent. Moreover, Utah courts strive to place children in the most stable environment available. New relationships that have not withstood the test of time place the child at risk of further change in the future. Long hours spent away from the marital home may indicate to the court a lack of bond between parent and child and an inability to place the child’s needs above personal needs.
Does Cheating Affect Alimony?
Adultery impacts thousands of Utah marriages each year. Many of these marriages will end in divorce. In many states, adultery can determine whether a spouse is eligible for alimony and can affect property division as well. This article will answer what impact adultery has on a Utah divorce.
What Role Does Adultery Play in a Utah Divorce?
In Utah, adultery is defined as a married person having sexual intercourse voluntarily with someone other than that person’s spouse. Adultery is taken very seriously under Utah law and is a misdemeanor criminal offense. Utah courts will consider adultery when determining whether and how much alimony to award, but it’s not a factor when dividing the couple’s property. If you believe your spouse should not receive alimony because of an affair, you will need to gather evidence to prove that the affair occurred – this can include phone records, credit card or bank statements, and any other evidence that shows your spouse was unfaithful. Proving this in court can be complicated, so it’s best to consult a family law attorney in your area to see if you will be able to prove your spouse’s adultery.
youtube
Overview of Alimony in Utah
Often, during a marriage, one spouse becomes financially dependent on the other. Many marriages today have two working spouses, but most still involve some sort of division of labor, where one spouse is responsible for earning more income, while the other spouse is more responsible for taking care of the household or children. During a divorce, Utah courts can order the spouse earning more income to make payments to a financially dependent spouse called alimony.
Utah courts consider the following factors when deciding alimony: • financial needs of the dependent spouse • earning ability of the paying spouse • length of the marriage • whether the dependent spouse has custody of minor children • whether the dependent spouse worked for the paying spouse during the marriage • whether the dependent spouse contributed to the job skills or education of the paying spouse • standard of living during the marriage, and • fault of either spouse during the marriage, including adultery or domestic violence.
In longer marriages, Utah courts may choose to equalize the standard of living of the spouses after the divorce. For shorter marriages, courts may try to return spouses to their original standard of living before the marriage. Utah courts can always change the alimony award if there is a substantial change in the spouses’ financial conditions after the divorce.
How Does Adultery Impact Alimony in Utah?
If the judge believes you have proven that your spouse was unfaithful, and that infidelity led to the breakup of the marriage, the court may deny alimony to your spouse. The adultery has to be a major cause for the breakup of the marriage for it to prevent an unfaithful spouse from receiving alimony in the divorce. If your spouse was unfaithful, but you forgave your spouse and continued to live together for a significant time after the affair, the court won’t consider the adultery when deciding alimony. And if you have also had an affair, the court you likely won’t be able to prevent your spouse from receiving alimony because of your spouse’s affair.
What Else Does Adultery Impact?
In Utah, adultery doesn’t directly impact property division in a divorce. If a spouse spent a significant amount of the couple’s money on an affair, however, the court may give the faithful spouse a larger share of the couple’s property to compensate for the lost money. If you believe you should receive a larger share of property because of your spouse’s spending on an affair, you should gather receipts and financial statements to show how and when your spouse spent the marital assets. Utah doesn’t consider adultery when deciding child custody or visitation. The only exception is if the behavior displayed during the affair shows a spouse’s inability to take care of the children.
What Rights Do I Have in Utah if My Spouse Cheats on Me?
Marriages can end in divorce for many reasons, but there are some cases where cheating is the main trigger for the breakdown of the relationship. If your spouse was the one to be unfaithful to you, it isn’t necessarily going to grant you more say or sympathy from the courts in your divorce case.
Alienation of Affection Laws
This type of lawsuit justification falls under “alienation of affection” laws, and Utah is one of six states (along with Hawaii, South Dakota, Mississippi, North Carolina, and New Mexico) left that still has this law. Besides paramours, these types of claims have also been applied to and been made against other third parties, such as therapists, clergy members, or other family members, who perhaps advised for a divorce, or otherwise maliciously interfered in the couple’s marriage. This is a civil lawsuit and would be filed separately from a divorce action. Ascent Law LLC is your divorce and family law attorney that can help you understand if your situation falls under this type of lawsuit. The Utah Supreme Court has said that the reason for this law in Utah is to protect the foundation of a marriage and give rise to the unique bonding that occurs in a successful marriage. Those whose malicious interventions have destroyed marital bonds has been held liable for alienation of affections.
youtube
Is Utah a Fault State?
Utah is a Fault State. The issue of whether a court may consider fault as it relates to alimony is now settled law and trial courts are well within their discretion to address fault when calculating alimony. The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. Fault means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: • engaging in sexual relations with a person other than the party’s spouse; • knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children; • knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or • substantially undermining the financial stability of the other party or the minor children. The plain meaning of the Utah Code Ann. §30-3-5(8)(b)-(c)(i-iv) makes clear that a Court has the discretion to address fault with calculating spousal support and, in fact, the Court may order or withhold alimony and adjust the amount and the term of any alimony ordered based on that wrongful conduct. This would be alleged in your divorce action.
How Do I Prove My Spouse Cheated on Me?
You don’t actually have to have some sort of physical proof of extramarital sex to make this claim; however you would need to show the court that • the marriage entailed love between the spouses in some degree (loving texts, cards, photos or videos, for example); • the spousal love was alienated and destroyed; and • the defendant’s malicious conduct contributed to or caused the loss of affection. You also need to show that the infidelity occurred while you were married and living together (not after a separation).
Evidence of infidelity may be presented publicly in court, which can be damaging enough in its own right. One of the clearest cases in which infidelity can hurt is where a spouse has spent marital assets on his/her paramour. If your spouse was renting an apartment for a fling, you may be rewarded with a larger property judgment, money judgment award, or increased alimony. Moral standards are also a statutory consideration in determining child custody and visitation (also known as parent time) and may be relevant to the extent they affect the children’s best interests. Granted, for cheating to affect the custody determination in a divorce it would likely require a rather serious pattern of actually neglecting the needs of one’s children and/or family for the sake of the affair. The fact that the court can consider moral standards does not mean that it must. The real cost of infidelity in divorce arises long before trial ever begins. Most divorces tend to settle. Settling a divorce case in mediation or through private negotiation can save the parties thousands of dollars and incalculable frustration and anguish. Infidelity can complicate this process, and not just for the offending spouse. It’s no surprise that many people seek redress or compensation when a marriage is ended through the spouse’s infidelity. If a divorcing spouse puts the desire to get back at the cheating spouse above the desire to conclude a divorce, the costs of divorce can rise, and quickly. Divorce is designed to dissolve the marriage, provide for custody of the children, divide up the marital property and debt and position the respective spouses so that they can move forward in their lives as newly single people. Mediation and settlement negotiations can shorten the divorce process by helping couples agree on child custody (if they have children) and divide the marital estate quickly and amicably; however mediation and settlement are only possible if the parties can come to fair and reasonable middle ground, or if one of them simply gives up. Cheating can make an even bigger enemy of the spouse who otherwise might have been fairly easy to work with.
youtube
The Impact of an Affair on Your Divorce Case
In Utah, adultery initiates divorce as a considered fault ground. Utah is a “no fault” divorce state. This means neither party needs to prove fault in order for a divorce to be granted. However, a party can allege fault, such as adultery, as grounds for divorce. The benefit of alleging adultery as grounds for the divorce is a question which requires careful consideration. Accordingly, consult an attorney regarding the specific facts of each case.
Building a Divorce Case around Evidence of an Affair
Although an affair used as grounds for a fault-based divorce in Utah, cheating can have little effect on a case if the fact of cheating has not directly impacted the parties’ children or the couple’s finances. However, if the cheating party squandered marital assets while pursuing an affair or if the children were directly impacted by the affair through exposure to one parent’s sexual exploits, these facts can have an impact on custody and support. • understand the law • get a sense of what kind of support you can receive • and custody entitled to you in the divorce.
Affair Divorce Lawyer
When you need legal help with an Affair Divorce, please call Ascent Law LLC for your free consultation (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
Commercial Loan Modifications
Utah Divorce Code 30-3-5.4
What Factors Are Consider When Awarding Child Custody?
Avoiding Divorce
Health Insurance Law
84097 Attorneys
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Ascent Law St. George Utah Office
Ascent Law Ogden Utah Office
Source: https://www.ascentlawfirm.com/affair-divorce/
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The Linc - Eagles might draft another North Dakota State quarterback
Let’s get to the Philadelphia Eagles links ...
Reunion with Carson Wentz? Easton Stick makes plenty of sense for Eagles - ESPN When Wentz broke a bone in his throwing wrist six games into his senior season, Stick stepped in as a redshirt freshman and guided the team to five straight wins to put the Bison in the national title game. An eerily similar sequence unfolded a couple years later when Foles took over for an injured Wentz during the Eagles’ Super Bowl run. The key difference here was that Wentz returned for the big finale. Hearing that Wentz would be cleared in time for the title game, Stick approached the coaching staff and encouraged them to play Wentz because, as Stick put it, it was Wentz’s team. Wentz ran for two touchdowns and threw for another against Jacksonville State to deliver North Dakota State a championship and solidify his standing as a top NFL prospect. Stick would have his time to shine. He started the next three seasons and compiled an insane record of 49-3 to become the winningest quarterback in FCS history. The Bison won it all in each of his final two seasons at the helm. A dual threat, he threw 28 touchdowns to 7 interceptions this past season while rushing for another 17 TDs.
NFL Draft QB Deep Dive - Rotoworld Stick won three FCS titles at NDSU, the colossus of the sub-division that gave us Carson Wentz. Forget Carson Wentz. Stick is nothing like him as a prospect. Stick is a fabulous athlete — slower by a tic than Taysom Hill with less explosion, but with superior agility — who is a weapon in the open field. This part of his game doesn’t get discussed enough, I think, because evaluators who dismiss him because of the height/arm strength thing or the Shrine week don’t get far enough along in their thought process to bake it in to what it could mean in the NFL. Also, because Stick is #white. But good golly is he dangerous. Difficult to wrap up in the backfield, difficult to corral when he gets moving downfield, and, heck, difficult to catch from behind. You can’t dismiss Stick’s deep-sector touch as a context-based fluke, because Stick’s skillset itself is in part informing that context: On RPOs, for instance, linebackers and safeties need to be extremely cognizant of the fact that Stick could tuck and rip off a 25-yard run in three seconds.
5 bold predictions for Eagles’ 2019 draft - BGN 2) The Eagles select Ole Miss WR D.K. Metcalf. Here’s how you construct quasi-hot takes. You take something that is well-known, combine it with something that’s basically unknown, and then zest on a bit of self-imposed incredulity, to emphasize the unknown bit over the known bit. Watch closely: I can’t believe I’m saying this, but there’s a chance that D.K. Metcalf — yes, that D.K. Metcalf — will be the Eagles first-round selection. “How could that be?” you ask. “After that Combine performance, after his incredible play in college, how could he be available at 25 overall?” A few factors influence the perceived Metcalf fall here.
First-round trades that have worked out in the past - PFF Carson Wentz hit the ground running in his debut season with some stellar performances early in the year, but his sophomore season — the Eagles’ Super Bowl-winning one — is what proved the trade to be worthwhile. He did eventually go down with an injury, but before then Wentz was a legitimate MVP candidate, dominating in all phases of the game. He was simply sensational on third-down plays that year, where he led all quarterbacks in passing grade (93.3), big-time throws (15), yards per attempt (9.5) and passer rating (123.7). While he didn’t quite manage to return to that level last year, his 2018 performance was still worthy of a 14th-ranked overall grade of 79.4, proving that he’s more than capable of leading this team for the next decade.
Eagles 2019 NFL Draft preview: Safety - PhillyVoice Johnathan Abram, Mississippi State (5’11, 205). Abram is a player who has commonly been given to the Eagles in the first round of mock drafts. I don’t see much in the way of separation between him and some of the other safeties below who can be had in Round 2. I do like Abram’s game, and what really stands out is that he is a very tough, confident, physical player who looks to deliver big shots whenever given the opportunity. Unfortunately, what highlight reels like that don’t show are the missed tackles as a result of trying to deliver the knockout blow, and Abram has plenty of those. For example, cfbfilmroom.com had him down for 12 missed tackles in 2017, though he did clean clean that up a bit in 2018 (when he had 5). Abram’s potential fit in the Eagles’ offense would be interesting. In the short term, you’d want to get him on the field immediately, I’d imagine, which would mean a shift to heavy utilization of three-safety sets. But again, the value in Round 1 just isn’t there for me.
The Next Nellie? - Iggles Blitz While Sidney Jones hasn’t played at a high level yet, it is too early to give up on him. Nelson Agholor was healthy in 2015 and 2016 and still found his way to rock bottom. In his third year, Agholor woke up and started playing well. He was a changed man. Jones could still have a bright future in the NFL. He can learn from the struggles of Agholor and Brandon Graham. You can be a high pick and still take time to develop, due to injuries or other factors. We don’t know if Jones will ever pan out or not, but this wasn’t a reach or dumb pick by the Eagles. Jones was a terrific cover corner in college. No one questioned his talent. You could argue whether he should have gone at 10 or 15 or 20, but he was going to be a first round pick. The injury happened and changed things in a hurry. Unfortunately, Jones hasn’t been the same since. That could change this year, but nothing is guaranteed. Some players who get off to a slow start never overcome that and they don’t get better.
3 Nelson Agholor Replacements For Philadelphia Eagles - The Draft Network Early: Deebo Samuel, South Carolina. It’s easiest to see how Samuel’s role with the Gamecocks translates to Agholor’s role with the Eagles. Both got quick, schemed targets designed to maximize run-after-catch abilities. Both split time between the slot and wide alignments, and were asked to run a smorgasbord of routes from those alignments. Both use their route-running to separator. I like Samuel better in contested situations, despite the fact that he’s a bit smaller in stature and has a narrower catch radius. It comes down to Samuel’s thickness, as he’s a stacked player who is unafraid of contact. Long-term health might be a concern here, but Samuel’s an instant starter and potential upgrade in Agholor’s role.
For Eagles player personnel VP Joe Douglas, the next NFL draft is his most important - Inquirer “We also at some point are going to lose executives,” Lurie said in Phoenix at the NFL owners’ meetings. “When you’re winning, you’re going to lose executives, and I think we’re in a great position to be able to deal with that.” Was Lurie already resigned to losing Douglas to a better opportunity or was he foreshadowing a mutual departure? The Eagles had already blocked the Texans from interviewing him for their general manager opening during their Super Bowl run. But that was before last season’s regression and the further sampling of Douglas’ first two drafts. It typically takes at least three years to give any sort of accurate evaluation on a class, but the Eagles’ 2017-18 drafts are particularly difficult to assess because so many of the prospects have hardly played, either because of injury or the depth of the roster. The Eagles have been able to sustain the lack of contributions because of the existing nucleus and other moves they have made. But the need for compensation will only grow as the roster ages, and, more significant, once quarterback Carson Wentz is signed to a salary cap-restricting contract extension.
Are Eagles more likely to trade up or down in 2019 draft? - NBCSP Roseman has talked before about the usual talent cutoff in first rounds. There are only a certain amount of “difference-makers” atop every draft — it differs by team — and on Tuesday, he said most drafts don’t have “32 legitimate first round grades” on players. He, of course, didn’t say whether or not this is one of those years, as to not tip his hand. But the Eagles are already running through all the hypothetical situations. And this is the time where preliminary phone calls between teams about draft-day intentions start happening. Roseman always says trades happen because of relationships around the league. So the reason Roseman didn’t answer the question on Tuesday is because he probably really doesn’t know what’s going to happen when the draft kicks off. He certainly has more of an idea than he let on — I still think the Eagles are in prime trade up territory — but there’s no point in tipping his hand.
Meet the Prospect: DE Brian Burns - PE.com Step into the film to learn about athletic defensive end Brian Burns in the latest Meet the Prospect.
Matt Miller’s Scouting Notebook: Biggest Insider Rumors of the 2019 NFL Draft - B/R One of the burning questions in the NFL is where the wide receivers will come off the board. The expectation, after speaking to multiple scouts and executives, is that one (Marquise Brown) is a surefire first-rounder with one or two others (D.K. Metcalf, A.J. Brown) possibly going in the top 32. This means many receivers could fly off the board when the second round starts. Deebo Samuel, N’Keal Harry, Parris Campbell and Hakeem Butler are the next guys up.
Dave Gettleman: I like my resume so far - PFT “I’ve been to seven Super Bowls,” Gettleman said to Steve Politi of NJ.com. “I feel very strongly that I know what it should look like, what it should smell like, what it should taste like. And, so, you can look at me and say, well, I either know what I’m doing or I’m a big fat rabbit’s foot. Neither one’s bad, right? I like my resume so far.” [BLG Note: Me too, Dave.]
Valentine’s Views: Time for the Daniel Jones era? Plus, Dave Gettleman’s legacy, and more - Big Blue View The thought that the Giants could choose Jones as the heir apparent to Manning — perhaps even as early as the sixth overall pick in the draft — horrifies some. If Jones is indeed their guy that should, however, surprise no one. Jones and the Giants have looked like an obvious match for months. The connection to the Manning family via Duke coach David Cutcliffe, who trained both Eli and Peyton back in the day. The fact that David Morris, backup to and roommate of Eli Manning at Ole Miss, is Jones’ personal quarterback coach. The similarities in temperament. The idea that on the field Jones reminds some of Manning with better mobility. If Gettleman chooses Jones at either No. 6 or at No. 17 there are plenty of self-made draft analysts and media know-it-alls who will snicker. The narrative will almost certainly include some version of calling him Clueless Dave and proclaiming that his plan must be to make sure the Giants continue to flounder.
2019 NFL Draft fantasy profiles: QB Daniel Jones - Fake Teams Reviewing his tape, even his highlights don’t show Jones to have an elite arm. He floats too many balls, especially when throwing deep, which will lead to interceptions at the next level, and the throws where he drives the ball into tight spaces are almost non-existent. However he excels at throwing fades in the red zone, showing great touch and using his height to loft the ball for his receivers to go up and get. He is a strong runner and is hard to bring down when he gets going, thanks to his long stride and has enough size to be a threat in the Red Zone. His NFL comp is Josh Allen (but not as well built), but whereas Allen has a low floor but extremely high ceiling thanks to his elite arm and athleticism, Jones I think has a slightly higher floor but a much lower ceiling.
Report: Seahawks open to trading Frank Clark, but want ‘at least a first-round pick’ included - Field Gulls We’re less than a week away from the 2019 NFL Draft, and the future of Seattle Seahawks DR Frank Clark is very much in doubt. Having developed into a standout pass-rusher in 2018, Clark was given the franchise tag (one-year, $17.1 million) by the Seahawks in lieu of a long-term deal. There has been discussion that Clark may be on the trading block, and ESPN’s Adam Schefter did report on Saturday that if Seattle does send Clark elsewhere, they want something big in return.
Ask a former NFL player: Will Nick Bosa’s tweets be an issue in the locker room? - SB Nation The Bosa topic is an interesting one. First off, no one in the locker room cares about Bosa’s tweets. They care about winning. Can Bosa help you win? Yes. That’s what matters. Also, there are plenty of players in the locker room who support President Donald Trump and share the same political values as Bosa. And guess what, we all get along. It’s not social media, where everyone is angry all the time. In 2016, heading into the election, a Lions teammate and I had discussions every single day about Hillary Clinton vs. Trump. We argued, we counter argued, and we got heated at times. But we were still friends. That’s the way most people discuss politics.
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December 19, 2018; Wednesday
We have been busy for the past two days.
While the two of us don’t have too much longer here in the Black Hills, we are still trying to make the most of our time. Jillian is working quite a bit at her lifeguarding job this week. Today was the only day off we were able to enjoy together because she worked from 9 to 1 yesterday.
I went in to Rapid City with her and dropped her off at work. While she made sure nobody drowned at the aquatic center I took the car to a nearby car wash and cleaned it up. My next stop after that was the Pennington County treasurer’s office. Since Washington state cares so deeply about signatures on car registration forms (they want me to notarize everything I send to them) I decided to register and title the new car here in South Dakota. (With only 4% sales tax it was also much cheaper, but that wasn’t the reason for registering it here.)
The girl who helped me was very nice. She said that it didn’t matter that I had an out-of-state license, but that I would have to provide proof of my social security number to get my license plates. I didn’t have that with me, which meant I’d need to make a separate trip back home to find a tax return with my SSN on it. No problem, because I’d take the groceries home to put in the fridge before picking Jillian back up from work.
The grocery store wasn’t quite as busy as I thought that it would be with only a week to go before Christmas. I was able to find almost everything I needed except ‘wax for baking,’ as it was written on the shopping list.
A quick trip back to Keystone, putting the perishables in the fridge, grabbing a tax return, and I was back on the road to Rapid City. There were a few items to pick up at Wal Mart before I ran back over to the treasurer’s office and got my new South Dakota license plates. They’ll expire in June, at which time I’ll get Washington plates again. By the time I had finished all of my business there it was time to pick Jillian up from work. We were both hungry, so we decided to get some philly cheesesteaks at our favorite cheesesteak shop in the downtown area. Definitely not good for the heart, eating something with half a can of cheese whiz on it.
The two of us walked lunch off by going through our favorite bookstore next-door to the cheesesteak shop. Both of us managed to make it out of there without spending any money. (That probably has something to do with Christmas being right around the corner and Jillian already knowing which books I have my eye on.)
A quiet night after that. We stayed in and watched “Manchester by the Sea.” It was pretty good. We thought that, even though the movie was slow and dark, that the dialogue was spot on for a working class family dealing with grief. The characters were saying everything that we thought we would say.
This morning we got up a little bit later than the day before. We were both excited for the day because on Monday Jillian had purchased a Christmas tree permit from the Forest Service. And today was the day we were going to take our saw out to the woods and find a Christmas tree!
It was a pretty long drive to the area north of Deerfield Lake where we were intending on cutting the tree, and it would have been nice if Jillian had eaten a larger breakfast...because she was pretty cranky by the time we made it out to a good tree-hunting area. We’d also driven up high enough and far enough into the Black Hills that we encountered some foul winter weather, with ice pellets coming into us side ways. (The cold and ice did NOT improve Jillian’s mood, making it difficult to pick out a tree.)
But find a tree we did! We cut it down, attached our permit to it, and carried it back to the car. By the time we started driving towards Hill City for lunch at the cafe, Jillian’s mood had greatly improved. Maybe it helped that the car smelled like pine with the ponderosa in the back.
Back home we had to zip tie it into the tree stand since it wasn’t quite wide enough for the screws to hold it in place. One small string of lights, a plastic star, and two strands of popcorn & cranberries later our apartment is one of the most festive in the housing complex. We also had a nice time chatting on a family FaceTime.
Tonight looks like a relaxing evening of Dawson’s Creek and popcorn. Back to work tomorrow for the both of us!
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