Protecting What's Yours!

Andrew W. Gilliland Attorney-at-Law, PLLC
782 E. Pioneer Rd. (12400 S.)
Draper, Utah 84020

(801) 285-0886

Sandy Divorce Attorney

Sandy Divorce Attorney -- Thoughtful Solutions for Tough Situations

When you are thinking about a divorce there are many questions that you may have.  You are not alone.  A divorce is a major change in your life.  You may want the divorce.  You may be ready to move on.  You may not want the divorce but your spouse does.  If you are going through a divorce or thinking about a divorce, you will need to understand your rights and your obligations.  A divorce is the legal end to your relationship with your spouse.  Until the divorce is final you are still married.  Form documents provided online will not answer all your questions.  General advice found online will not answer your questions.  You will need to speak to an attorney about the facts of your situation.  An experienced divorce attorney will provide you with options on how to resolve problems.  

A divorce typically involves the following:

Child Custody:  Who does the child or children live with?  There are three types of custody:  Sole, Joint, and Split.  Each one carries with it legal rights and obligations and are based on the number of overnights.  Sole Custody is 110 overnights, Joint Custody is greater than 110 overnights, and Split Custody is when different children live with each parent.

Decision Making:  Who makes the decisions?  Again there are different types of legal custody -- Sole and Joint.  The parent with Sole Custody makes the decisions and the parents both make the decisions in a Joint Custody arrangement. 

Visitation:  When and how are visits arranged?  Utah law has a default provision of every other weekend, 3 hours during the week, rotating holidays, and extended time during the summer. Typically, the parent getting the child is responsible for picking the child up.  You can agree to some other schedule, but this is the default provision if you cannot agree.

Child Support:  How much will it be?  How to collect it?  The amount of child support is based on a formula that Utah puts out.  It literally is a calculator that plugs in the gross income of each parent, the number of children, and the number of overnights.  You cannot waive child support.  You can either opt to have the amount sent directly to the person getting the amount to use the Utah Office of Recovery Services to garnish wages. 

Medical Insurance and Bills:  Who is responsible and how is it collected?  Typically, this is a 50/50 split of the premium and out of pocket expenses.  The person with the expense needs to notify the other parent within 30 days of the expense showing that it was incurred.  If the other parent refuses to pay, you can take them to court and get a judgment against them for the amount and collect on the judgment.  

Taxes:  Who gets to claim the child as an exemption?  Typically this is rotating on a year to year basis provided that the person who has to pay child support is current on the child support at the end of the year when they want to claim the child.

Property:  How will our stuff be divided? Property is generally divided fairly and as close to a 50/50 split.  Some property may need to be sold.  When there are two vehicles, for example, the usual way to handle this is to have each person take a car and then be responsible for the debt.

Alimony:  Can I get alimony?  This is a highly fact based determination.  The starting point is to determine your need.  You and your spouse can obviously agree to any amount, but alimony along with custody are the two most litigated matters in a divorce. 

Attorneys Fees and Costs:  Can I get my spouse to pay my attorneys fees?  The legal standard is that you have to show that you cannot afford an attorney and that your spouse can pay for your attorneys fees. Fault and "who wins" also can factor in.
Please contact Andrew W. Gilliland Attorney-at-Law, PLLC for a free initial consultation.

Andrew W. Gilliland
782 E. Pioneer Rd. (12400 S.)
Draper, Utah 84020
Tele.: (801) 285-0886

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