Chris Salcido, Author at Provo Divorce Lawyers | Utah Family Law Attorneys

Divorce Parties on the Rise

Chris Salcido — Wed, 22 Oct 2014 21:44:53 +0000

It is not uncommon for families to spend enormous amounts of money celebrating a wedding day. It has been less common for people to spend money on, or even celebrate, their divorce. However, that trend is changing as divorce parties across the nation are on the rise. In some cases, people are even spending as much, or more, on their divorce party as the did on their wedding. We have heard all kids of interesting stories from clients on how the celebrated their divorce. Some have paid for their friends to go with them on a big trip over seas. Others have rented out clubs or restaurants and spent big bucks on food. The craze seems to be catching on. Even those with limited means are more often throwing some kinds of party, at their home, or doing something to celebrate the end of their marriage. What does this say about our society if anything that divorce parties are becoming more common place? I am not sure, and I haven’t yet formed an opinion on it. All I can say is that my client who choose to throw a divorce party are usually the ones who were very happy their marriage was over. Obviously those people who never wanted a divorce in the first place are probably not celebrating their pain and throwing a party.

Divorce Parties Even in Iran

Apparently divorce parties are on the rise not just in the U.S., but in other countries arounds the world as well. In fact, divorce parties are even becoming the cool thing to do in countries with low divorce rates and places you would never expect. For instance a recent article I stumbled upon described the rise in divorce parties in Iran. Now Iran has a very low divorce rate compared to the U.S. but in recent years divorce is rising and so are the number of lavish divorce parties.

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The Common Protective Order Violation

Chris Salcido — Fri, 23 May 2014 18:55:43 +0000

When a protective order is filed against you, there is typically an ex parte temporary protective order served upon you immediately restricting your contact and communication with the Petitioner (the person who filed the protective order), and potentially even third parties such as your children etc. It is very important to not violate, in any way, the terms of the temporary protective order served upon you. Violation of a protective order can result in a Class A Misdemeanor charge or possibly even a felony depending on the circumstances.

Avoid this Common Pit Fall

Often a protective order will restrict your communications with the Petitioner to only be in writing through text or email and requiring such communications be limited to matters involving parent time and the children. Where we continually see people getting into trouble and violating their temporary protective order without necessarily knowing or intending to violate, is when the Respondent (that would be you) emails or text messages the Petitioner about divorce related matters which do not involve the children. Let’s say, for instance, you have been served with a temporary protective order, you also find out your spouse filed for divorce, and you send him/her an email about alimony. You have likely violated the terms of the temporary protective order served upon you since alimony has nothing to do with parent time or the children. Don’t fall into this common trap. The best thing to do whenever you are served with a protective order is to contact an attorney and review the terms of your temporary protective order prior to making any contact whatsoever with the Petitioner.

Violation Can Result in a Permanent Order

Many people do not realize that not only is violating a protective order a criminal offense, but it can also be grounds for a permanent protective order to be entered against you at the hearing. This can be very unfortunate, especially if you have a high chance of having the temporary protective order and matter dismissed at the hearing. Let’s say the allegations made by the Petitioner in the protective order are entirely false and you will likely succeed at the hearing in having the case dismissed. Simply violating the protective order can be enough for the judge to enter a permanent order against you regardless of whether or not the Petitioner’s temporary protective order was justified in the first place. If you have been served with a protective order, call and speak with one of our protective order defense lawyers in Provo, Utah right away.

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The Nesting Arrangement

Chris Salcido — Fri, 21 Feb 2014 22:39:18 +0000

On some rare occasions during a divorce, a judge may order on a temporary basis, or even under some circumstances on a permanent basis, that the parties share possession of a marital home. This is often referred to as a nesting arrangement and might take a few different forms. It may sounds strange but we have seen a nesting arrangement ordered by the court in a divorce on more than a couple occasions. It is most common for both parents to continue living in the home during or even after a divorce if it is the idea and agreement of the parties and it can be done so in a way to ensure the children’s best interests are still served. It is less common, but still happens, when neither party may desire the arrangement. Now, to be fair, the more common nesting arrangement occurs when the parties divide possession of the marital home. This could look something like a week on week off scenario for the parties or something even dramatically different than that. Maybe one party travels often for their employment and only needs possession of the martial home a few days and nights a month. Maybe the nesting arrangement occurs during a respective parent’s custody time so that the children never leave the home despite there being a regular change in custody occurring. Whatever the case may be, if a nesting arrangement is what you desire, a Provo Utah Divorce Attorney at our office can help give you the best chance of implementing such as an arrangement.

Arguments Against Nesting

If both parents are not onboard for a nesting arrangement, it is often less likely a judge will make such an order. As one can imagine, two divorcing parties living in the same home can often lead to more contention, even if they are not occupying the house at the same times. Court’s are often worried such arrangements will lead to parental contention playing out in front of the children. Thus, it can’t be said that nesting arrangements are preferred methods for possession of a home. There are many other arguments against a nesting arrangement so if your soon to be ex is seeking this arrangement and you are opposed, hire a member of our team to help make the fight for you.

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Dealing With Abuse and Divorce

Chris Salcido — Wed, 12 Feb 2014 19:44:18 +0000

Unfortunately, many divorces filed in Utah are the result of, or involve, some form of abuse. Often parties to a divorce action are also parties to a protective order, domestic violence charge, or civil stalking injunction. Victim’s of abuse some times put off filing for divorce for fear of how their spouse might respond. While this fear is understandable, a victim of abuse should never put off getting appropriate help and safety. While we are not therapists, law enforcement officers, or abuse counselors, we can provide some general legal information that may be helpful to victims of physical abuse who wish to file for divorce but are worried about their safety in the process.

Contacting Law Enforcement

Of course, if you are ever psychically abused by a spouse, the first step should be to contact the police as quickly as possible. This is especially important if you have children in the home. Your safety and the safety of your children must come first. Do not let fear get in the way of taking this action. Often a no contact order is issued as a result of a domestic violence charge. The system is set up to help the abused spouse and protect them from future harm. You can also contact victim’s services in the area in which you live who can direct you as to the best plan for your safety and the safety of your children.

Filing for a Protective Order

Many victims do not realize that filing for a protective order can put into place an immediate stay away and no contact order protecting you from an abuser. It often makes sense for a married victim to file a protective order prior to or contemporaneously with a petition for divorce. Your spouse will be served by local law enforcement officers with a protective order that can legally order the spouse to stay away from you, any children, your home, school, etc. Your spouse will be given a hearing date to argue a defense but will be temporarily restrained from committing abuses against you. The protective order can become permanent at the hearing if the judge finds evidence of harm, threats of harm, or that harm is likely to occur in the future.

Speaking with a Provo Divorce Lawyer

Speaking with a Provo Divorce Lawyer can help you prepare and take the right steps to get protection from abuse and proceed with a divorce. At our law firm, we offer free consultations and can get you started in the right direction right over the phone. Do not hesitate to give us a call. Your conversation with an attorney is privileged, private, and confidential.

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Fraud and Annulment

Chris Salcido — Tue, 17 Dec 2013 22:49:48 +0000

Probably the most common grounds for annulment are related to fraud or misrepresentations that go the heart of the marriage. While the annulment laws in Utah allow a party to seek an annulment for all kinds of strange reasons such as being related to a certain degree to your spouse, already being married, and others, most people find themselves seeking an annulment because their spouse lied to them about something significant prior to the marriage. Moreover, usually the lie/misrepresentation was purposeful and the spouse would not have consented to the marriage had they known the truth.

Specific Types of Fraud

There are several instances where a court might find sufficient grounds to issue an annulment based on fraud. Here are some examples of fraud claims we have pursued and been successful on in the past:

Unable to have children. Utah courts have issued annulments where one party was incapable of producing children and know about that fact, but lied to the other spouse or even failed to disclose such a thing.
Criminal History. Some individuals have successfully received an annulment where they were able to prove their spouse lied about having a significant criminal history. If your client lied or concealed the fact they had committed a terrible crime and served prison time, you may be eligible for an annulment.
Financial Matters. We have seen cases in which one spouse lied to the other about their horrific state of financial affairs prior to marriage. In some cases parties lied to their spouse about the fact they were in debt to the tune of hundreds of thousands of dollars or more.
Psychiatric and Medical Issues: You might be able to get an annulment if your spouse lied to you about a serious psychological or medical issue.

There are many other fraud based claims that may qualify for an annulment. We have handled numerous annulment matters over the years. If you would like to seek an annulment based on fraud but are not sure if you qualify, we can help. Annulments can be complex and are not easily filed even if they are uncontested. It is best to have a Provo Divorce Lawyer represent you to give you the best shot of getting this entered by a judge.

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