In creating this post, my intention is to provide average people a little education and insight into the law that governs (in the State of Utah) divorce actions, paternity actions, and the related matters of enforcing a divorce, child support, or custody order, and the modification of existing orders. This blog will cover topics regarding the statutes and case law on family law issues, including pending legislation, as well as providing reader's with a guide to some of the legal terminology used in this area. Accordingly, I will attempt to give "layman" explanations for terms that mean a lot to lawyers and judges, but for most people just sounds like gobbly goop.
Please note, however, that this blog is for informational purposes only, and should not be considered, or be used instead of, legal advice from a licensed attorney with experience with your type of case. If anything, one thing you may learn from this blog is that there are times and occasions when "doing it yourself" just isn't a good idea. Simply put, there are pitfalls of handling certain matters on your own, and if you find yourself in such a situation, I strongly encourage you to obtain competent legal counsel. That being said, the second purpose of this blog is to inform readers with alternative resources for dealing with some family law issues, including most importantly, mediation. I personally am a big proponent of mediation, collaborative law, and other forms of cooperative resolution, and have become a huge fan of the potential inherent in this methods to really help people move beyond the conflict.
Given the scope of this blog, I will not respond to questions or comments regarding the particulars of actual facts or your or anyone else' situation. I have adopted this restriction for several reasons, but perhaps one of the most compelling reason is that without the attorney-client relationship, your communications on this website are not privileged. What that means in non-lawyer speak is that should you make a comment on this blog, the information could be used against you in a later Court hearing. In contrast, when you met with an attorney, she/he can provide you answers specific to your situation and your communications will be protected from use against you in a Court action. Also, while I am an attorney, I am not your attorney unless and until we have a signed client agreement. At which time, ask away!
Monday, December 29, 2008
2 comments:
Thanks for making a comment, I appreciate your interest in this blog. Unfortunately, I cannot provide answers to questions regarding specific facts or provide legal advice. If you have general questions regarding Utah law, I will attempt to respond to general questions. However, I always encourage people to consult with an attorney if you are unsure or want specific answers.
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Alimony seems like an interesting topic due to it's rather fuzzy nature. Without going into specifics, I am married to my equal as far as education, she works, and is able to make as much as me. We have been married for a short time (less than 5 years) and we are lower middle class (together less than 50k a year). In these and similar situations, can you blog about what would compel an order for alimony?
ReplyDeleteSee future blogs on alimony. Alimony is certainly one of the "fuzzier" areas of law. However, alimony is traditionally suited for long-term marriages (5 years would generally not be considered long term) where there is a signficant disparity in income and/or training of the parties.
ReplyDeleteAlimony often comes down to a cost-benefit analsyis in deciding to pursue or settle a claim. You would want to consider what are your chances of prevailing if it went to Court, how much will it cost to take to Court, how much could potentially be awarded, and for how long? In Utah, alimony generally will not continue beyond the length of the marriage and will generally terminate upon remarriage or the receiving spouse is living with some else (legal term = cohabitating). Because it is so cost prohibitive to take an alimony issue to trial, in cases where there is a colorable argument for alimony, very often alimony is resolved through "dollar trading" in negotiation or mediation.