Mistakes to avoid and tips to follow during Divorce

If you and your spouse simply cannot get along anymore, perhaps getting a divorce is the best option. It is never an easy decision, but it is inevitable when both of you simply cannot stand each other anymore.

Divorces are known for being complicated and expensive. However, you can make it even more expensive for you, and lose so much more than you anticipated.

Here are the most common mistakes people make during a divorce, and a few suggestions on how to avoid making them.

Choosing The Wrong Divorce Process

Did you know that you have more than one option when it comes to filing a divorce? If your parents divorced in court through a long and exhausting and traumatic trial, you can avoid all of that and save both you and your spouse a lot of money and time.

The following options are available:

• Mediation
• Negotiation
• Collaborative law

It is important to be aware of your choices before you make one. Once you do, there is no going back. You can always end up fighting in court, but why not avoid it in the first place if you can? Consult with our Divorce Attorney Salt Lake City before filing for a Divorce.

Choose Your Lawyer Carefully

Another thing that can completely ruin your divorce is a bad or inexperienced attorney. Before you choose an attorney to represent you, consider asking them about the following :

• Working experience
• Previous work
• Available time to fully commit
• Resources
• Good negotiator?
• Determination and expertise

Besides other qualities, these traits make a good divorce attorney. Your only job is to schedule several different consultations and speak with several different attorneys before deciding to hire one of them. Choose your attorney carefully, as that choice may be the difference between winning it all and losing it all.

Posting on Social Media

If you and your spouse are going through a hard time and have decided to hire a Family Law Attorney to try and help you solve your family issues, you don’t have to go public on it. Posting what is going on with your marriage on social media is the worst thing you can do, especially if you are going through a divorce. Remember that everything you say (or post on social media) can and will be used against you. The attorney your spouse hired will definitely check your social media pages, and look for posts that may be used in their favor. This involves pictures, thoughts, statuses, videos, or even getting tagged in someone else’s post.

Remember to remain “off the grid” for the duration of your divorce, and save yourself a lot of money in the process. Other things to consider avoiding while going through a divorce are:

• Rushing to solve things
• Disregarding the tax implications of your final settlement
• Signing documents without reading them
• Talking with your kids and trying to win them over
• Letting emotions take over
• Not considering your kid’s best interests
• Refusing to compromise with your spouse

Benefits of Hiring an Attorney During Paternity

Paternity represents the process of establishing a relationship between a father and a child. In most cases, it is a very complicated process, one that involves a lot of paperwork, many different testing and a lot of money.

A legal father is any person who established parenthood over a child, the one who bears both the rights and responsibilities of being a parent. This person may not be related to the child by blood, but can still become his "legal father".

If you are eager to learn the benefits of hiring an attorney during paternity, there are several reasons why you should do it.

Paternity is Determined Through the Court System

When a woman with a child gets married, paternity is automatically assigned to the husband. Paternity can also be automatically assigned when the child is born, regardless who the father is.

In some occasions, paternity cannot be established voluntarily. When this happens, the whole process goes to court. Our Salt Lake City Paternity Attorneys advise from an experienced point of view that you should hire an attorney to represent you and help you with paternity. They will make the whole process easier, help you with the paperwork, and collect the documents for you. Additionally, an attorney can do everything on your behalf, while you sit at home and take care of your family. Instead of having to go to court several times a week, you will only go once when called.

Everything goes through court, which is why it is important to have someone backing you up, someone with legal knowledge and experience in handling such situations.

An Attorney will Help you Organize DNA Tests

Some states don't require a DNA test to establish paternity. If a woman and a man cannot agree on the parenthood of the child, both may require a DNA analysis. If any of the parties refuses to undergo a DNA analysis, an attorney can "make" them do the testing.

When confronted with such situation, it is always better to request help from a legal professional. Here at The Ault Legal Firm, we ensure that everything is done by the law and regulations. Our Paternity Attorneys in Salt Lake City have decades of combined experience and have dealt with numerous cases in the past. They will gladly assist you with your paternity form, help you gather all required documents, and arrange a DNA or any other analysis if necessary. Be sure to give us a call during business hours, or send us an email. Schedule your free initial consultation, and learn why it is advised to have an attorney on your side.

The Case will Go to Court

In the end, it all goes through court. A Judge will most likely have to rule on the validity of a paternity test results. In some cases, the man who is identified as a father may deny his fatherhood. This is where attorneys play a serious role; they can represent both parties involved, and see that everything is done properly and "by the book".

Calculate Child Support in Utah

After going through a divorce, you will be faced with many arrangements that have to be made with your spouse. One of them is child support.

In Utah, the law states that both parents have to be able to sustain their children financially. In order to determine the amount to be paid, many factors are taken into consideration:

• Total gross income of both parents


• The number of children


• Custody agreements

Listed below are some guidelines that will help you understand how child support is calculated in Utah, and everything that is taken into consideration before a final decision is made by the court.

The Income

The first thing that is taken into consideration when calculating child support is the income of both parents. We are talking about a gross income, one that includes:

• Salary
• Capital gain
• Rent
• Social security benefits
• Unemployment benefits

All sources of income are taken into consideration, except:

• Welfare benefits
• General assistance
• Housing subsidies

If you contact one of our Salt Lake City Child Support Attorneys, you will get a better insight into the whole child custody, and receive much needed legal guidance on the matter. Feel free to give us a call and schedule your free initial consultation.

Calculating the Child Support

Utah State Legislature has a “formula” which is used to calculate child support payments. The following things are taken into consideration when determining the amount of child support:

• Financial needs of the child
• Daycare, insurance, special needs
• Needs and income of the parent who received custody
• The income and ability of the supporting parent
• Child’s living standard before and after a divorce

Once the amount is set by the court, there could be a few adjustments over time. The following is taken into consideration before these adjustments are made:

• The living standard of the parent
• Relative wealth and income of the parent
• Ability to earn income (the paying parent)
• Ability to earn income (the receiving parent)
• In case of an incapacitated child, his/her ability to earn income. Also, disability benefits are taken into consideration
• Needs of both parents and their children
• Is there a spouse support involved?
• The age of both parents

Once everything is carefully investigated and confirmed, child attorney can be reduced or increased, depending on the conditions.

Child Support Order Changes

Finally, the court can decide whether or not to change or modify the child support order. In order for any change to take place, the other party has to provide evidence of change in circumstances. Here are the most common changes that may take place after a modification:

• Either parent’s job change
• Receipt of an additional income
• Increased living costs
• Disability
• Child’s increased needs

Sometimes, the court can issue temporary modifications, under the following circumstances:

• If the child has a medical emergency
• The paying parent lost his/her job due to injury or illness
• The hardship of the recipient parent

You can contact one of our Family Law Attorneys in Salt Lake City for any additional information or if you have any other questions concerning the child support in Utah. They will gladly help you with anything.