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.

Tips for helping your child during the divorce

Going through a divorce is never easy for the spouses. They have to deal with the constant argument, asset division, and many other stressful and exhausting things.

In the constant chaos, they barely have any time to tend to their children’s needs. This is where things start to go wrong.

Did you know that almost 2/3 of all children of divorced parents end up developing some of the following conditions:

• Depression


• Anxiety


• Social anxiety


• Hyper ego


• Sleep deprivation


• Temper tantrums


• Substance abuse


• Hostile behavior


• Lack of focus

In order to prevent your child from developing any of the following conditions as a result of your divorce, use these tips and do whatever you can to protect your child from the aftermath of your failed marriage.

Think Children First

No matter what you are dealing with, you have to think about your children first and do everything you can to protect them. If you can, avoid fighting and arguing with your spouse in front of them, avoid talking bad things about your spouse in front of them, avoid bringing them up in your heated arguments with your spouse.

Surround your children with love, and create a loving and caring bubble around them. Protect them with all your might, and don’t let your failed marriage ruin their early lives. They deserve to be happy and enjoy the love and comfort they receive from both parents. Don’t take it away from them, it is not their fault.

If you end up getting a Divorce in Salt Lake City, consider hiring an attorney to protect your best interests. However, keep in mind that you have to find common ground with your spouse in order to protect your child’s best interest.

Talk About The Emotions

Your children may feel different emotions, which may seem confusing at the time. Talk to them and help them understand what is going on. Be sure to tell that they will always have both parents at their side, and encourage them to be strong. Try and talk with them in the way that they can understand what is going on. Prepare them for a change, and say things like “You will spend the weekdays with your mommy, and your weekends with your daddy”. They may find it hard to understand at first and get adjusted to the changes, but when surrounded with love and support, they will accept it in time.

Speak with a Family Law Attorney in Salt Lake City and learn how you can devise a custody plan, one that will be perfect for your child’s needs and suit both you and your spouse’s needs.

It is Not Their Fault

Make sure your children understand that divorce is not their fault. Explain to them that you and your spouse need to go your separate ways, but that you will always be there for them.

Most kids tend to be egocentric and believe that the whole thing is their fault. Your job is to ensure them that your decision is based strictly on your relationship with your spouse.

Give them love and infinite support. Choose your words with care, and do whatever you can to protect them from your divorce.

How To Deal With Stress At Your Work Place During Divorce?

When two people decide that they cannot live together anymore or share a holy matrimony, divorce is the best option. However, every divorce brings a certain level of stress. Going through a stressful divorce can negatively affect other aspects of your life.

Are you feeling additional stress at your workplace? You feel like you cannot take it anymore, and you are out of options. What do you do?

Give yourself a deserved break!

Hey, you don’t have to operate at 100% all the time. You are not a robot!

Learn to give yourself a break, and regroup. Take a step back and heal. No, you won’t be as productive as you used to be, but hey, everyone deserves a step back when going through a rough period. You are probably going to come back stronger, with more energy and desire to work. Time is the best doctor, it heals all wounds. You just have to give yourself some time to heal.

Seek help from coworkers

Are you in good working relations with your coworkers? If so, you could tell them that you are going through a very difficult period, and that you need their support and understanding. They will help take the stress off from you, and potentially provide you with love and understanding you need.

There is always a possibility that your coworkers just don’t care, as they are selfish and unfriendly. If this is the case, simply ignore them, don’t let them stress you out and report any aggressive behavior coming from their side.

Divorcing is very complicated. It is both time and energy consuming. You have to think of every single detail, and need all the legal help you can get to ensure that you don’t lose more than just your spouse. Our Divorce lawyers in Salt Lake City offer their services. With their knowledge and resources, you will get the most out of your divorce. Feel free to call and schedule your initial free consultation.

Take care of yourself

Ever tried meditating? It is just one of the ways to help clean your thoughts. You could also try doing something else; any physical activity will help take your thoughts away from your current situation. Be nice to yourself, and take care of your body and mind. It is important to stay strong, eat well and use every opportunity to relax. Avoid the following:

• Alcohol
• Drugs
• Cigarettes
• Bad company

Don’t be afraid to ask your friends for help. This is the time you need them the most.

Speak with your employer

Does your employer know what you are going through? It is important to open up, and explain that you are going through a difficult period and need some space and a stress-free environment. Maybe your employer could help you out, and put less stress on you during your work hours.

If your employer neglects your requests, and puts even more stress and work on you and thus creates a negative working environment, you are free to file a complaint against your employer. If you are retaliated against or discriminated for any reason, contact one of our attorneys immediately. Besides family law, our attorneys can also represent your legal rights and help you file a lawsuit against personal injuries at work.

We are here to help you out, but first you need to help yourself. Be strong, everything will be over soon.

Some Facts People Need To Know About Domestic Violence Accusations

In the last century, victims of domestic abuse had almost no rights. They fought hard and organized into groups, letting the public know of their problems. Finally, the public accepted public abuse as a true problem, and now every victim of such abuse is protected by law.

However, the tables have turned. In America, some individuals have abusing this situation in an attempt to receive certain benefits and sabotage their significant other. The goal is personal gain and success.

Before you report someone for domestic abuse, you need to learn how things work.

Here are some facts you need to know about DV accusations.

False accusations are still happening

Sadly, we live in a world where some people will do anything to obtain personal gain and wealth, even sabotaging their closest ones if given a chance. Domestic Violence is very dangerous and it may result in serious injuries and even death. Victims of DV are women and children in majority of cases. However, there has been a significant increase in false accusations lately.

Since the penalties for domestic abusing are harsh, some manipulative people could easily stage an incident and make it look like domestic violence. This is used for personal gain and wealth, and a defendant who is falsely accused has little to no chances of proving it otherwise.

If you are looking for legal representation in Salt Lake City, The Ault Firm P.C., Salt Lake City divorce attorneys are available 24/7. Give us a call, and we will gladly provide you with a free case review.

Leading to Criminal Charges

In many cases, the victims will simply “drop the charges” at some point. Why? For several obvious reasons:

• They still have feelings for the abuser
• They rely on the abuser to pay their bills
• They rely on the abuser to feet their children
• They believe that it was act of rage and choose to believe that the accuser will change

Believe it or not, but this is reality. For these reasons, the state has decided to continue pursing these abusers in order to get them off the street. Regardless of the charges are dropped or not, some state attorneys will still bring these dangerous abusers to court and do everything they can to put them behind bars. And as someone charged with domestic violence, prison is the last place you want to be in.

Perceptions change

Lastly, it is important to understand that regardless if you are innocent or not, once accused of DV, people’s perception of you will change drastically. And we are not talking about a positive change.

This may significantly affect your life, your work status, your future relations, etc.

You get marked for life. Your family members will distance themselves away from you, and you will be left alone.

Of course, this does not apply to everyone, as some families are very close and connected. But this is the sad fate of a majority of those accused of DV.

If you are a victim of DV, and you don’t know anything about family law in Salt Lake City, make sure to seek legal representation right away. It is the only way to cope with these problems, and the only way to ensure that you are safe from the abuser. Give us a call, and we will do everything we can to help you.

How to Get a Fair Divorce Settlement

Going through a divorce? It is only fair that both sides receive proper and fair settlement. But, this is easier said than done.

One side is always unhappy with the divorce. This is a fact, and 9/10 divorces end up on hostile waters. 

So what are the things you should take into consideration? 

Let’s start with the essentials.

Fair Settlement in Divorce: Basic Elements

Every divorce has many different issues that need to be address, and it is going to require a lot of your time and energy to figure everything out. However, there are 4 basic subjects that have to be resolved in order for the divorce to proceed and be successful:

• Child support and all related expenses

• Parenting plan and child custody/parenting time

• Alimony/ maintenance/ spousal support/ spousal maintenance (if applicable)

• Division of marital assets and liabilities. Defining which assets are considered the couple’s marital property, and which are a spouse’s separate property. 

Once these are taken into consideration and solved, the divorce may become final. Keep in mind that each of these 4 subjects takes a lot of time to figure out, and getting out of your marriage may require a lot more time than you think.

In the state of California, there is a waiting period of 6 months. You can use this time to try and reconcile with your spouse, or address the issues concerning the divorce. Speak to Divorce Attorneys in Salt Lake City and learn how you can terminate your marriage right after waiting period concludes, and get a fair divorce settlement. 

Split everything in two

Common sense says that everything has to be divided in two separate parts. Both spouses will receive equal share of everything they created and produced while married. This included properties, appliances and goods, and shared bank account.

In some cases, one spouse may be granted alimony if he/she is unable to generate as much income after divorce as the other spouse. In order to help that spouse live up to the same standards as he/she was used to while being married, the court will order the spouse with a higher income to pay a monthly alimony. The alimony may be permanent or temporary, depending on the terms and the situation of both spouses. 

Arm yourself!

Before you even file for divorce, we encourage you to seek legal protection and counsel. Our Divorce Attorneys in Salt Lake City have helped many individuals receive proper and fair divorce settlement. Feel free to contact them and schedule your initial free consultation. 

The worst thing you can do is represent yourself. If your spouse shows up with an attorney, and you don’t, the settlement will be everything but fair and equal. Everyone represents their best interests, and you would be surprised to see a once loving husband/wife fight for his/her rights. Be prepared, get much needed legal help and let them represent you and your best interests. It is the only way to ensure that you are given a fair divorce settlement.