divorce Archives - 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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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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US Supreme Court Temporarily Stops Gay Marriages in Utah

Benny Salcido — Wed, 08 Jan 2014 04:42:18 +0000

Gay Marriage In Utah

The issue of gay marriage has taken many twists and turns in Utah over the past few weeks. A few days before the Christmas holiday, Judge Robert Shelby of Utah’s Federal District Court ruled that Utah’s Constitutional Amendment 3 violates the United States’ Constitution. Immediately after his ruling, many gay and lesbian couples in Utah flocked to county clerks to obtain marriage licenses. Salt Lake County immediately issued licenses but the Utah County clerk refused licenses to gay and lesbian couples for a week pending the resolution of the attorney general’s office asking for a stay (stop) to the ruling.

Utah’s Attorney General’s office asked Judge Shelby to stay his ruling pending an appeal to the 10th circuit Court of Appeals. Judge Shelby refused so the state asked the 10th circuit to stay the ruling. The 10th circuit denied to pause new marriages too so the state appealed to the US Supreme Court. Yesterday, the US Supreme Court granted the state’s request for a stay. The Court’s decision temporarily halts any new gay marriages until the case completes the appeals process.

No Same-Sex Marriage Means No Same-Sex Divorce

The Supreme Court’s decision not only halts future same-sex marriages, it stops any same-sex couples from filing for divorce in Utah. The Court’s decision essentially reverts Utah marriage law to the way it was before Judge Shelby’s ruling. This means same-sex marriages in Utah are not recognized and cannot be terminated. In other words, married gay and lesbian couples in Utah cannot be granted a divorce by a Utah court. News sources reported that after the legalization of gay marriage in Utah some same-sex couples filed for divorce. These couples were married in other states where gay marriage is legal. As Utah residents, however, they could not divorce because Utah law prohibits Utah courts from granting divorces of gay and lesbian couples. Once again, these couples cannot divorce and they are denied the benefits of family law related protections such as child custody and property division orders.

Help for Divorcing Same-Sex Couples

Provo Divorce Lawyers will closely follow the issue of same-sex marriage in Utah. Though same-sex divorce is not currently allowed in Utah, there may be different things a Provo Divorce Lawyer can do to help those gay and lesbian couples looking for divorce options. Call 801.800.8247 to speak with a Provo Divorce Lawyer today.

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Protective Orders and Divorce

Benny Salcido — Fri, 27 Sep 2013 16:54:49 +0000

A common scenario we often see with clients contacting our firm is a married couple that is having marital problems and starting down the path to divorce get in a huge fight and shortly thereafter a protective order is filed. Sometimes the protective order is valid and one of the spouses is legitimately in fear because of the other spouse and in other cases the protective order is simply being used to get back at the other spouse and get them kicked out of the house.

Consolidating Cases

In some situations it is important to fight for the protective order and keep the parties away from each other for both of their protection. However, in cases where the protective order was maybe used for other reasons the best resolution is to come to an agreement that you’ll deal with your differences, your division of property, and other concerns in a divorce. Protective orders are far too often misused and instead of fighting for something that should never have been requested you can have a restraining order placed in your divorce decree that in most cases deals with all the issues that the party who filed the protective order was concerned with in the first place.

Provo Divorce Attorney | Serving All Your Family Law Needs

Whether you’re dealing with a protective order, a divorce, or both; the lawyers at Divorce Lawyer Provo can help. We work in all areas of central utah and have helped hundreds of family law clients in all types of cases. We understand that family law issues can be emotional and we strive to help relieve our clients stress over the case by helping them understand every aspect of it. We offer free consultations so give us a call right away, in most situations we can answer your questions right over the phone in a matter of seconds, so call us today.

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