Divorce & Family Law
Looking for a Divorce Attorney St George Utah?
Witt Law Family Law Attorney St George Utah Can Help.
While basic forms can be obtained and filled out online, no one should try to go through a divorce without the help of competent legal counsel. Divorce decrees are very difficult to modify, so they should be done right the first time with the help of an experienced Divorce Attorney St George Utah. Many serious and critical issues pertaining to child custody, visitation, child support, alimony, and division of debts and assets need to be properly considered and addressed, and keeping everything in order on your own is not only extremely difficult, but the divorcing couple is rarely able to come to terms that each can agree to from the get-go.
Witt Law has many years of experience as a Family law attorney St in George Utah. We understand that each divorce is unique and personal, and we will work with you to achieve the best result possible and enable you to move forward with your life. We are committed to striving for a fair conclusion for our clients and use our skill and expertise as a trusted Divorce Attorney St George Utah Law Firm to achieve that end.
Parentage
Determining the paternity of a child can be a deciding factor in many cases of divorce and custody. When navigating through court-ordered DNA tests it is essential to have proper representation by a family law attorney St George Utah law firm to ensure you are aware of all of your rights as an individual and as a parent.
In the case of a traditional marriage between a man and a woman where children were the plausible, biological creation of the union, parentage DNA testing can be beneficial for both parties. By determining if the parent in question, usually the father, is the biological parent of the child, the court can more accurately make decisions regarding alimony, custody, and other important decisions that will affect the child’s life.
Even if the results come back showing that the parent in question is not the biological parent of the child, that doesn’t mean that it has to be an end to the case. These situations can be very tricky, and having a divorce attorney St George Utah on your side to help you present your case for custody, whether you are the mother or the father, could make all the difference in your life, and that of your child.
Separation
If a couple is looking to separate, has already separated, and has minor children (children under the age of 18), or substantial assets are involved, sometimes one or both would feel more comfortable having a separation agreement in place. A separation agreement can address virtually all the issues that a divorce decree does, such as custody, visitation, child support, spousal support, a division of assets and debts, etc.
In Utah, there are two forms of legally official separation: temporary separation and separate maintenance.
Temporary separation allows spouses who are considering divorce to be legally separated for up to the course of one year. In situations where spouses are looking for new perspectives and want to save a rocky relationship, temporary separation is often very effective as it allows the couple to have distance and time to work on themselves before coming back to work together on their relationship again.
Separate maintenance is for situations where a spouse has already left, stopped supporting, or, as in the case of jail time, has already been unable to support their spouse for the period of a year. Separate maintenance allows for the unsupported spouse to be able to better take care of themselves and their children. Separate maintenance ends with the death of either spouse or at such a time as they come to a legal reconciliation.
For more information on legal separation contact your family law attorney St George Utah firm at 1-800-GET-WITT today.
Custody
In Utah, the courts focus on what is in the best interest of the children when determining legal custody and physical custody. Legal custody pertains to the parental right to have a say in how the child is raised, including health, education, and related issues.
Generally, both parents share joint legal custody unless there is good cause to do otherwise. Physical custody pertains to where the minor child resides. Generally, one parent is granted primary physical custody with the other parent being granted parent-time or visitation. In some situations, it makes sense for the parents to have joint or split physical custody, where the child resides with each parent on an equal time basis. Occasionally, where there is a history of drug, alcohol, or physical abuse custody can be denied and visitation can be supervised.
When preparing your case for the custody of your child it is important to have an experienced divorce attorney St George Utah to help you as you gather evidence and create your custody case. Call 1-800-GET-WITT today to get a family law attorney St George Utah firm that you can trust on your side.
Child Support
Child support is primarily determined by guidelines established by the state legislature. It is calculated by combining the gross income of both parents and then applying that by a factor to the number of minor children. Tax returns and pay stubs are required to verify income. A parent who is not working but is able may be attributed the federal minimum wage in figuring monthly income for purposes of calculating child support. The non-custodial parent pays child support and the custodial parent receives it.
When approaching the topic of child support the most important thing to remember is that the end goal is to make sure that the child is properly cared for. Even so, there are times when outcomes may not be as fair as they could be for both parents if one or both do not have an experienced divorce attorney St George Utah Law Firm to represent them and them through the process.
If you have already been through your divorce and your ex is not paying the child support that they agreed to, Witt Law – a family law attorney St George Utah can help you enforce the court orders and help seek remedies for unpaid child support.
Parent-Time
Visitation is also referred to as parent-time because it is the right of the child to have parent-time with each parent. If the parties cannot agree upon a parent-time schedule, then the courts will use the guidelines found in the Utah statutes, which, generally speaking, grant the non-custodial parent visitation one night per week, every other weekend, an even number of alternating holidays and alternating birthdays every other year. On occasion, where the facts so warrant, such as where there has been a history of alcohol, drug, or child abuse, the court may order supervised visitation.
Having a divorce attorney St George Utah law firm working with you during your divorce case can make a large difference in the outcome. At Witt Law, we help you gather and present evidence, stay on top of important dates and deadlines, and walk with you through each step of the process. If you are looking for a divorce and family law attorney St George Utah to help you through your divorce, then call 1-800-GET-WITT today.
Division Of Debts & Property
Generally, debts and assets are equally divided between the spouses. However, each case is unique, and under certain circumstances, an equal division of debts and property would be unjust or unfair. Oftentimes how debts and assets are assigned may affect a spouse’s claim to spousal support or alimony.
One reason why you don’t want to go through a divorce without an experienced divorce attorney St George Utah like the attorneys at Witt Law is because they can help you avoid unfair division of debt. We are thorough in our investigations and can help you present a valid case about why you shouldn’t need to pay for your soon-to-be-ex’s personal debts. Work with Witt Law for a fairer division of your debts and property.
Alimony
Unlike child support, alimony or spousal support is not required or “automatic” in Utah. Utah law does, however, allow the court to award alimony under certain circumstances where justice so requires. Generally speaking, the policy in Utah is to leave the two divorced parties in an equal or similar financial position, excluding separate premarital assets. Where balance cannot be achieved through the allocation of debt and assets, the spouse in the lesser position may have a claim for alimony. Alimony may be awarded as a monthly payment and can extend up to the length of the marriage, meaning the same amount of time that the marriage lasted.
If you feel like you have an alimony case then you would do well to have the help of a divorce attorney St George Utah. At Witt Law, we have the experience and the gumption to fight with you for the compensation that you deserve. Call 1-800-GET-WITT today to get Witt Law’s experienced family law attorney St George Team on your case.
Modification
A party may seek a modification of a divorce decree where there has been a substantial material change in circumstances not foreseeable at the time of the divorce. This is not necessarily an easy standard to satisfy, so it is important to have an experienced divorce attorney St George Utah team to help you in the first place to make sure we get the decree right. Nevertheless, at Witt Law Offices, we always have a certain percentage of cases involving modification. We have successfully petitioned and defended against both sides in St. George, Utah. Give us a call. We are here to help.
If you need help a getting petition for or defending against a modification to your divorce decree, the family law attorney St George Utah professionals at Witt Law is just a phone call away.
Protective Orders
No matter the situation, we all deserve to feel safe and secure in our homes, and when we venture out into public. In some cases, the acrimony of a divorce can lead the parties involved to seek court-ordered separation and distance. In these situations, family law attorney St George Utah law firm Witt Law will help you understand your rights and responsibilities and help ensure all parties remain safe and avoid violating the law.
If at any time during the process of your divorce or afterward you feel that your ex-spouse may have ill intentions toward you or your children then it is recommended to speak again to your divorce attorney St George Utah team at Witt Law. We can help you review the previously issued court orders and give you objective advice on what course to follow to make sure that you and your family are protected.
Mediation In Utah
Mediation means to intervene on behalf of another with the intent of helping resolve a dispute in a relationship.
In a divorce setting the mediation is accomplished by having a set meeting place that is neutral to both parties. Each party will have their own room and an arbitrator who is called the mediator will assist the divorcees in coming to an agreement by bringing the proposal and counter-proposals from one to the other until an agreement is reached.
The divorcee is allowed to invite their divorce attorney St George Utah, parents and anyone else that they feel will be able to help them keep a clear head and make solid, healthy decisions throughout the process.
No. The only person who will need to have communication between the two parties is the mediator. Anyone else, including their divorce attorney St George Utah, and family members, will remain in the room with their respective party to give emotional support and offer advice.
On occasion, it is possible to request that both parties be in the same room, but that is not a requirement in most cases.
Why does my family law attorney St George Utah say I need to go to mediation?
Mediation has become a very effective way to resolve most issues that arise in a divorce, and it is much less expensive than a trial. Utah law requires divorcing parties to attend mediation if they have minor children. We attend mediation with you, where with our help, you and your spouse work with a neutral third-party mediator to reach an agreement on some or all issues. We have a good working relationship with highly qualified mediators and work to select the best one for your case.
Due to the emotionally charged atmosphere of mediation, it can be difficult to keep your composure. Having a family law attorney St George Utah at your side during your mediation to give you objective advice, and be a steady guide through it all can make a world of difference. If you are afraid of going to mediation we invite you to contact us at Witt Law. Marshall Law and Abraham Ivie are both licensed as a divorce attorney St George Utah, and Marshall is a practicing mediator. Between the two of us, we are confident that we can help your mediation be a place where you can feel comfortable and confident.
Mediation is beneficial for everyone who is going through a divorce because no matter what point they are at, it gives them a safe place to talk. Divorces often come with hard feelings, and powerful negative emotions which often make speaking and other forms of communication with someone’s spouse difficult. In cases where abuse or other mistreatment were present in the marriage it is possible may not feel safe to do so. However, for the divorce to go through, a proposal has to be made and accepted, so communication is necessary.
One of the biggest reasons that divorces can take so long to come to a resolution is that one or both parties get busy trying to figure out how to live life on their own. Just like how marriage causes a need for readjustment in lifestyle, separation does as well, and they are usually harder.
Mediation helps overcome the obstacle of busy schedules by cementing a time and place for the important conversation to take place.
While there are exceptions to the rule, there is a law in Utah that any divorcing parties that have disputes need to participate in at least one mediation session before they take it to court. It has been found that in general divorcing couples who participate in mediation are more likely to conclude faster than if they go straight to court. However, there are times when mediation is not the better option.
If you are unsure about whether or not mediation is right for you, or are in a situation where the other party is refusing the invitation to go to mediation, we invite you to speak to call your Divorce Attorney St George Utah law firm at Witt Law. We can guide you through the proper procedures and help you set up your case properly for court. For those who don’t go to mediation an explanation of why will be needed, and Witt Law Family Law Attorney St George Utah and our team can help you organize and present your case properly.