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We have been very pleased with the work Froerer and Miles has done for us and for friends of ours. They are knowledgeable, clear and upfront with pricing, and not pretentious. Highly recommend.
View on GoogleIf I could give 1 million stars I would. Bob Froerer was very thorough, and understanding of my situation. If you need anything from him he will go out of his way to get the job done! He is very knowledgeable and professional. Start to finish he kept me in the loop, even if it was a 5 second conversation. Thanks again Bob for the amazing work you’ve done!!!
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View on GoogleThe Most Serious Challenges of Your Divorce Need a Lawyer's Expertise
Property Division
Utah law calls for marital property to be divided in a "fair and equitable" manner rather than a 50-50 split. Marital property includes any property, income, assets, retirement savings, or debt that was acquired during the course of the marriage, but does not include property inherited by either spouse, property owned by either spouse before the marriage, or gifts given to either spouse. When dividing property, the court will take several factors into account, including the length of the marriage, the financial and health status of each spouse, and the occupation and income of each spouse. Our Ogden attorneys can help you ensure that only marital property is divided and that it is divided fairly.
Alimony
Alimony, or spousal support, often leads to disagreement between couples. Depending on the circumstances, alimony may be awarded to the spouse who has lesser earning capacities, or has given up a career to stay home with children. In Utah, alimony may not be ordered for a longer period than the length of the marriage, and discontinues upon the recipient’s remarriage. Cohabitation also terminates alimony, but a petition must be filed with the court before payments can be halted.
Child Custody
Child custody is often one of the most challenging aspects of a divorce. With the help of an attorney, you can avoid a "custody battle" and reach an agreement that upholds your child's best interests and long-term welfare. In Utah, there are two types of child custody. Legal custody determines which parent will make important decisions on behalf of the child, while physical custody mandates where the child will live. You know your child better than anyone else. Rather than leaving your child's future up to a judge, you should contact an attorney who can help you reach a custody agreement that meets your child's needs.
Visitation
Once a child custody agreement has been reached, you will also need to determine parent-time for the non-custodial parent. Our attorneys can help you compose a parent-time schedule that serves the best interests of you and your child. Our Ogden divorce lawyers have also assisted military families in reaching visitation plans that meet their unique needs.
Child Support
Although the state of Utah has Uniform Child Support Guidelines in place to calculate child support payments, most families will need the help of an attorney to ensure that their income, family size, and costs are properly calculated. Our Ogden lawyers can represent you whether you are seeking child support, providing support, or pursuing a modification to your previous child support agreement.
Modification
Life happens. If you experience a sudden change in circumstances such as a loss of income, illness, or relocation, you can seek modification of your previously agreed upon child custody, visitation, or child support agreements. Whether you are seeking modification or attempting to prevent modification, our divorce lawyers can examine your case and work to achieve your desired results.
Enforcement
By law, your former spouse is required to follow the divorce decree decided upon at the time of your divorce. If he or she fails to provide the proper support, a lawyer can help you with the enforcement of a divorce decree. Our attorneys can help you hold your former partner accountable to you and your children.
Utah Has Unique Divorce Laws
Divorces are difficult to navigate on your own, especially because each state has unique laws surrounding the matter. In Utah, there are a couple of special considerations to take into account:
Filing Requirements
To dissolve your marriage in Utah, at least one of the parties must be a resident of the state, residing in the county of filing for at least three months. The process is initiated by the “petitioner” spouse, and the other spouse, known as the “respondent” must file a reply. If no answer is filed within the time period specified in the summons, the petitioner can move for a default judgment. A default judgment is a binding decision in favor of one party based on the failure of the other party to take action. It is most often granted in favor of the plaintiff, or petitioner.
A 5-Star Review
"Robert Froerer was my attorney. I retained his services for my divorce. I could have NEVER done it without him. He protected me through the whole process. He covered so many details that I never thought of. There is no way a person can go through this process alone. Robert was very attentive and detailed. I am VERY pleased with the outcome! I would highly recommend Robert Froerer to family and friends. Would I use him again in needed? ABSOLUTLY!" Lisa
Fault vs. No-Fault
State divorce laws differ, but most, like Utah, grant divorce on both a “no-fault” and “fault” basis. A no-fault case cites “irreconcilable differences” or can be granted after a couple has lived apart for three years under a state-issued “separate maintenance order.” Because a no-fault divorce is easier and less expensive, this is a common choice for many clients.
Meanwhile, the grounds for a fault-based divorce fall into one of eight basic categories:
- Impotency
- Adultery
- Willful desertion
- Willful neglect
- Habitual drunkenness
- Felony conviction
- Cruel treatment (such as domestic violence causing bodily injury or great mental distress)
- Incurable insanity
What to Expect from Filing to Finalization
The waiting period from the time of initial filing to final judgment is 30 days, although special circumstances can allow for a waiver to obtain a divorce more quickly. Prior to the establishment of a permanent plan, temporary orders are often sought to provide support and other immediate needs.
The primary issues to be resolved in any dissolution pertain to property division, alimony, child custody, visitation, and child support. Partners who have been married for only a short time, have no children, and have few assets to divide can have a simple, uncontested divorce.
Marriages of a longer duration with shared property and debts tend to be more complex, and issues relating to children can create potentially difficult disputes. The courts routinely require mandatory mediation for contested issues and education classes when minor children are involved.
Although every situation is different, here is what you can generally expect from the time you file to your final decree in the state of Utah:
Our Divorce Lawyers are Here to Help Learn How at A Free Consultation
Ending a marriage has lasting consequences, so you need a lawyer on your side to protect your best interests every step of the way.
The Froerer & Miles team has been practicing family law since 1979. Our attorneys can guide you through every step of your separation, from filing to resolution. We make world-class family law services accessible for families from Ogden, Layton, and other communities by offering:
- Free consultations
- Guaranteed responses within 24 hours
- Affordable rates
It's never too soon to make sure your best interests and those of your children are protected. Start the process today by speaking to one of our lawyers. Request your consultation online or call us:
Whether you are beginning the divorce process or are seeking modification or enforcement of a divorce decree, Froerer & Miles can provide you with the expert assistance you need.
Divorce Mediation: An Amicable Alternative to Litigation
Whenever possible, our lawyers try to resolve family law matters through reasonable discussion outside of the courtroom. Collaborative divorce employs mediation and negotiation to reach a peaceful resolution. By choosing a collaborative approach, you and your former spouse can benefit from:
- A faster process
- A more economical process
- A more stable relationship after the divorce
Although our lawyers prefer a collaborative approach whenever possible, we will do whatever it takes to help you reach a favorable resolution.
Talk to a Divorce Lawyer Today
Divorces are notoriously tough, but they are even more difficult without the help of a lawyer. With Froerer & Miles, you will gain a dedicated advocate who is looking out for your best interests at all times. Our law firm offers free consultations for families throughout Utah.
Whether you are beginning the divorce process or are seeking modification or enforcement of a divorce decree, Froerer & Miles can provide you with the expert assistance you need. We can help with virtually every family law matter, so you don't have to worry about dealing with multiple firms.
Our law firm is conveniently based out of Ogden, making it convenient for clients in Layton and the greater northern Utah area. To arrange a consultation with a family law attorney, contact us online or call:
(801) 621-2690
We are not here to push you toward divorce or make you feel obligated to hire us— your initial consultation is free, you are in control of your choices, and you will remain in contol if you decide to hire us.
Answers to Frequently Asked Questions About Divorce in Utah
How much does it cost to file for divorce in Utah?
Filing for divorce (initiating the process with the state) costs $325. This may involve other fees depending on which county you're filing in. Other costs, including hiring a lawyer, depend on many variables, including the complexity of your case and the amount of time it takes to resolve it.
How much does a mediator cost in Utah?
Mediators charge an hourly fee that could range from $30 to more than $350 an hour. Parties typically agree to split the mediator's fee.
Can you file for divorce while pregnant in Utah?
Yes. Being pregnant will have no bearing on your eligibility for filing for divorce in Utah.
How long do I have to live in Utah before I can file for divorce here?
If you or your partner have resided in the same Utah county for three months or longer, you can file for divorce in Utah.
How long does a divorce take in Utah?
The amount of time it takes to finalize a divorce in Utah can range from a month to more than a year, depending on whether it is contested and other factors. The state requires judges to wait at least 30 days before finalizing a divorce (except when either party can demonstrate extraordinary circumstances), so you can expect the process to take at least that long.
Are divorce records public in Utah?
No. As of April 1, 2012, divorce records are private in Utah. That means they can only be viewed by the divorcing parties and their attorneys.
How do I change my last name after my Utah divorce?
The judge can restore your former last name as part of the finalized divorce if you request it. This is much simpler than trying to change your last name after a divorce has been finalized. Your divorce petition has a name change section that allows you to specify whether you would like to use your former last name or your birth name. An attorney can help make certain you are aware of options like this and take advantage of them if you wish.
What will it cost to find out if I like the attorneys at Froerer & Miles?
Nothing. We are not in this business to turn a quick buck, and we believe our clients deserve an opportunity to find out if we are the right firm for their needs. Your initial consultation is free. For many, this consultation is the first time they have discussed their issues with a neutral third party. If it seems like there may be a way to salvage your marriage as you discuss your situation with our attorneys, they can help connect you with marriage counseling. We are not here to push you toward divorce or make you feel obligated to hire us—you are in control of your choices, and will remain in control if you decide to hire us.