Looks like the rumors are true. Kim Kardashian is filing for divorce this morning, that according to Ryan Seacrest who is the executive producer of Kim’s reality TV show “Keeping up With the Kardashians.” Seacrest posted on his twitter account this morning that he had confirmed in conversations with the star that she would filing the papers on Halloween morning. Kim and her husband Kris Humphries have been married for only 72 days. The divorce presents some interesting legal issues that we address as if Utah law were to apply below:

Question of Annulment

Many people believe they can have their marriage annulled if they have only been married for a short period of time. In Utah, this is not true. There is no law in Utah that allows you to qualify automatically for annulment in the even your marriage has only been for a short period of time. So if Kim and Kris were to be going through divorce in Utah, they would not qualify for an annulment under the short period of marriage only.

Who is at Fault?

Many people in the tabloids and media have been investigating the reasons for the divorce. Some people believe in order to file for divorce one of the parties must be at fault or their must be some justification for the divorce. This is not the case in Utah. Here in the beehive state, you can file for divorce based on “irreconcilable differences.” This means that neither party has to prove one or the other is at fault for anything. If you simply don’t get along anymore, you can get divorced. All of the leaks in the media regarding Kim and Kris’s break up seem to suggest the couple will be filing on grounds similar to irreconcilable differences.

Utah Divorce Lawyer

If you or someone you know is going through a divorce and would like help from a Utah divorce lawyer, call us today at 801.413.1753. We have helped many individuals through the divorce process in Utah. Whether you have a short term marriage like the Kardashian’s, or a long term marriage with multiple issues to address, we can help.

Prenuptial Agreements | Divorce | Utah Family Law Attorney

A Royal Marriage Doesn’t Always End in a Royal Fashion

This past week one could hardly turn on the TV, read a newspaper or magazine, or surf the internet without being bombarded by the British Royal Wedding of Prince William and Kate Middleton.  The whole world was in constant obsession with the wedding with some news outlets even reporting that there were some people who quit their jobs because their boss would not give them time off to see the wedding.

It’s hard to believe that anyone would actually quit their  job just to see two people they don’t personally know tie the knot.  Perhaps its because most people are so unhappy in their own marriages that they feel some sort of satisfaction watching complete strangers get married in grandiose fashion.   While the royal wedding was elegant, happy, and civil, it is only hoped it doesn’t end in a brutal, sad, and uncivilized divorce like other royal marriages have.  Half of marriages end in divorce so it is no surprise that royalty is affected as well.  This is why it is a good idea for a Utah family law attorney to make a prenuptial agreement for those thinking about marriage in Utah.

Prenuptial Agreements Protect Those in Utah During a Divorce

The royal couple did not enter into any type of prenuptial agreement probably for several reasons.  No one wants to enter a marriage in Utah believing it will end having a Utah divorce lawyer but the reality is that many do.  Prenuptial agreements almost show that a couple doesn’t think a marriage is going to work out and will end in divorce.

A prenuptial agreement may remove some of the joy and romance of a marriage, but people need to see the reality and see that there is a good chance their marriage will end in divorce.  A Utah family law attorney can make it easier on a couple later in a divorce through the means of prenuptial agreement.

Utah Divorce Lawyer Will Help No Matter Your Situation

If you are thinking about getting married, think about having a Utah family law attorney from Salcido Law Firm draft a prenuptial agreement for you.  Perhaps you don’t need a prenuptial agreement though, and now need a Utah divorce lawyer.  In that case, call a Utah divorce lawyer from Salcido Law Firm to help you through the difficult process of divorce.  Whatever your situation, whether it be before, during, or after a you’re married, a lawyer from Salcido Law Firm can help you.  Call 801.413.1753 to receive the help that you need.

Child Custody | Utah Divorce Lawyer

Child Custody Fights Can Be Serious

When people in Utah are going through a divorce, things can be very emotional.  A contested divorce stirs passions and feelings that often erupt into a terrible environment for the whole family involved in the divorce.  Its difficult for people to come to a consensus about alimony, child support, division of property, and sometimes the most heated subject of all, child custody.  These arguments within the home extend into the court house and cause some to commit unlawful activity to protect his or her rights.

Child Custody Fights Sometimes Don’t End Well

Unfortunately 13 years ago, such a heated child custody battle caused one mother to feel she had to flee Utah in order to protect her parental rights.  Because of her flight, however, she violated her ex-husband’s parental rights.  13 years ago a Utah couple was going through an emotional divorce.  The couple was living in Provo in 1998 but facing legal problems, the mother took the couple’s daughter and fled to Canada.  She did have custody of the girl but the father ended up being awarded custody by a court.  The father could not locate the mother or the girl, however, so a warrant was issued for the mother’s arrest.

This week, after 13 years, the mother was located in Washinton, D.C. and arrested.  The father flew to D.C. from Salt Lake to see the girl, who is now a grown women, for the first time since 1998.  This story is far from a happy ending though.  The daughter did not want to see her father, and the father missed out on years of raising his daughter that he will never be able to regain.  The damage is done and this family will probably never heal over this conflict, even though the daughter has been found.

A Utah Divorce Lawyer Protects Parental Rights

This sad story is an example of a child custody battle gone terribly wrong in Utah.  Sadly, children are usually the one that suffer the most in these disputes between their parents.  Its important for those going through a divorce in Salt Lake, Provo, and the rest of the Wasatch Front to have a good divorce lawyer to protect their child custody rights.

Call a Salcido Law Firm family law attorney if you are going through a divorce and have a child custody issue.  A family law attorney from Salcido Law Firm will protect your parental rights and help you resolve any child custody dispute with your spouse.  Call 801.413.1753 to speak with a Utah divorce lawyer today.

Divorce | Child Custody | Utah Divorce Lawyer

You Don’t Have to go Through a Divorce Alone

Many parents in Utah going through a divorce or a separation feel like processes like mediation or self-negotiation with a former spouse won’t work for them.  They may believe this because the emotional conflict between a couple requires an all-out legal warfare, parents may be unwilling to budge on core issues, and each parent’s goal in a child custody case  is to receive sole or primary custody of their children.  None of these situations automatically precludes anyone from negotiating an agreement through mediation or an avenue other than court.  A Utah family law attorney may not even need to get involved.

Intense conflict is a natural and normal part of a divorce or a separation.  A Utah divorce lawyer may be needed to protect the rights of the parents and the best interest of children.  If one does not anticipate the intense conflict, that parent will do a disservice to the other parent and the child.  But even intense conflict is not a reason to assume that a parental agreement cannot be negotiated concerning child custody.

Third-Party Negotiators Can Often Help Ease Bitter Conflict

A Utah family law attorney can help parents going through a divorce negotiate a favorable outcome even if the conflict is bitter and drawn out.  A Utah divorce lawyer will help parents conduct effective meetings and improve communication style, and will offer specific strategies for managing conflict.  A Utah divorce lawyer will also explain the process of mediation and how it can help to bring fighting parents together so children are benefited.

A parent who is adamant about a certain position is not necessarily bad.  A Utah family law attorney can help a less flexible parent describe his or her concerns, goals, and perceptions of the situation in detail so that a good list of issues that need to be addressed will emerge resulting in a resolution for a lasting agreement for child custody.

Utah Divorce Lawyer Will Help You With Your Divorce

If you are going through a divorce and the conflict over your child custody rights is too great for you to handle, call a Utah divorce lawyer from Salt Lake Valley based Salcido Law Firm.  A Salcido Law Firm attorney will help you through your difficult trial of a divorce and a child custody battle.  Call to speak with a lawyer today at 801.413.1753

Utah Statutory Defined Annulments

Utah law specifies two general grounds as the basis for annulment in Utah.  The first ground of annulment is for marriages that do not conform to state law.  State law views certain marriages as void because of public policy.  Most of these voidable marriages are void because of the one the party’s age or any type of incestuous marriage.  A statutory defined invalid marriage may be annulled instead of having to go through the process of divorce.

Utah Common Law Annulments

The second ground for annulment is based on the common law.  Under common law, a marriage can be annulled for any fraud going to the essence of the marriage.  The fraud committed by the perpetrator must directly affect the marriage relationship.  It must also relate to present facts and not future ones.  So if a man tells a woman he is a virgin, but he is actually not, and this fact related by the man induces the woman into marriage, the marriage may be annulled.  The man lied to the woman about present facts and it directly affected the marriage relationship.

Further, the fraud mus be so serious that, had the deceived party known of the fraud, he or she would not have consented to the marriage.  The test is whether the false representations or concealment defeat the essential purpose of the injured spouse in entering into the marriage.  The fraud may consist of either a lie or silence, when someone was obligated to tell the truth.

Fraud Affects Purposes for Marriage

Generally, a party’s purpose in marrying include obtaining a house, gaining a spouse of virtuous character, having a spouse whom the party would be proud to have as a companion and to introduce to the party’s friends, and having a spouse who would be a suitable parent for their children.  Any fraud that goes to the essence of these factors will rise to an annulment in Utah.

Divorce or Annulment, Family Law Attorneys Will Help

If you are thinking about getting a divorce in Utah, call the divorce attorneys at Salcido Law firm.  Salcido Law firm lawyers will evaluate your situation and may determine that you qualify for an annulment instead of a divorce.  Our lawyers will help you through the difficult process of ending you marriage.  Call today at 801.413.1753 for a free consultation.

  Mediation and Family Lawyer | Salt Lake, Davis, Utah County

Many clients call our office that are looking to begin the divorce process in Utah but don’t know if they should proceed in a mediation or hire a lawyer to start the litigation process. While both mediation and litigation have their benefits, you should be aware of the differences in order to make the best decision for yourself and family. This article describes the pros and cons to both methods of divorce resolution. For more information, speak with a Utah divorce mediator and lawyer in our office today.

Divorce Mediation in Utah

The number of divorces resolved through mediation has significantly increased over the past few years. There are many benefits to mediation and generally speaking, parties are more satisfied with the divorce mediation process than with typical litigation and court battles. In mediation, the parties will meet with a mediator who facilitates negotiation and settlement of their disputes. Unlike a judge, a mediator is neutral third party who does not make any decisions for the parties. The mediator can answer questions and discuss options but does not represent either party’s interests. Unlike court, mediation is voluntary and any settlement is mutually agreed upon. Mediation often allows the individuals to come up with agreements that work specifically for them and that a judge may never order in the formal court process. Probably the two benefits people consider most when choosing to go to mediation is the savings in money and time. Mediation is often far cheaper and less time consuming than traditional litigation.

Litigating Your Divorce

The once common practice of fighting through a divorce in court is losing steam. However, in many cases, especially those in which the other spouse is unwilling to negotiate and is being unreasonable, traditional litigation is the best or only option. When you have a Utah divorce lawyer representing your interests in court, it helps to ensure you are not taken advantage of by the other party and are fully informed of your rights. Through the court, you can obtain immediate relief and orders from a judge, something not available through a mediator.

Salcido Law Firm – Mediators and Attorneys

At Salcido Law Firm, our team of family law advocates includes highly skilled mediators and attorneys. We are able to guide you through the mediation process or zealously represent you through a hotly contested court battle. If you are considering divorce and would like to speak with a lawyer capable of explaining your best options, call us today. We can be reached almost any time, 24/7 at 801.413.1753. We look forward to your call.

Utah Marriage Statistics

Utah is infamous for the high number of marriage licenses acquired every year. Marriage is a major part of the Utah culture. We learn that we grow up, finish high school, start college then get married.  Most of the marriages within Utah involve younger individuals. The average age of males marrying for the first time in Utah is 23 and the average age of females marrying for the first time in Utah is 21. These statistics alienate Utah from the nation’s statistics. Nationwide the average age of males marrying for the first time is 27 and the average age of females marrying for the first time is 25.

Utah Divorce Statistics

Utah also rises above average on divorce. Divorce rates in Utah have been among the highest for many years. In the past twenty years Utah has been among the top ten states within the nation of high divorce rates. Many people suggest that marriage at a young age is among the reasons for the high rate of divorce in Utah.  Other people believe that the high rate of divorce in recent years is due to the failing economy. Many divorces occur because of financial instability.

No matter the reason, divorce is very apparent in the state of Utah. No state within this nation is an exception and Utah is hitting it hard. When facing divorce it is important to get an attorney who will properly guide you through it. Divorce is very stressful and there are too many things to consider within it. Making these considerations without an attorney can create unnecessary problems. Attorneys at Salcido Law Firm PLLC are experienced and have knowledge of the specifics involved in divorce cases. There is no need to take on the task of divorce alone, let one of our Utah divorce lawyers do it for you. Call 801.413.1753 to schedule a free consultation.

Receiving Custody of Your Children in Utah

One of the biggest issues when a couple gets divorced, and rightfully so, is who is going to get custody of the children? The courts look at a number of factors, but when it’s all said and done a Judge will want to do what is best for the children.  There are several factors that play a big part in a Judge’s decision to grant custody to a particular parent.

A Judge is more likely to grant custody to a parent that can provide a stable and secure environment for the children.  If a parent can show that he or she can provide a safe and secure living environment then the court will be much more likely to grant custody to that parent.

Courts are also interested in keeping children in familiar surroundings.  In other words, if a parent can keep his or her children in a situation that his familiar to them, such as allowing the children to stay in the same neighborhood, school district, and/or church, then the court will have one more reason to grant custody to that parent.

In addition, since the court is seeking a stable environment for the child, the last thing the Judge wants to hear is that a parent is cohabitating with a boyfriend or girlfriend before the divorce has even gone through.  The court wants to know that a parent’s primary concern is his or her children and not a romantic relationship.  Other things a parent can do to show the court that the needs of the child are the priority is to arrange his or her work schedule to fit a child’s routine, get a stable job, leave the child out of the custody value, etc.  These actions will increase the likelihood that a parent will get custody of his or her children.

Another big factor courts look at when determining who should receive custody of a child is which parent will facilitate the opposing party’s custody as much as possible.  More than likely the parent that does not have primary custody will still have custodial rights, including visitation.  If the court believes that a particular parent will purposely make it very difficult for the non-custodial parent to see the children, then the court may be hesitant to grant primary custody to that parent.

Utah Custody Attorney

The best thing you can do to receive custody of your children is to hire an attorney that has the knowledge and experience to help guide you through the difficulties and complexities that come with going through a divorce, particularly when minor children are involved.  Give us a call at 801.413.1753 for a free consultation.

The Difference Between Prenups and Postnups.

Most of us have heard of prenups, prenuptial agreements, or premarital agreements. These are agreemens which define certian marital rights prior to entering a marriage. Many individuals execute prenups as a means of avoiding alimony or asset distribution in the event of a divorce. The key to prenups is they are obviously executed before two people are married. Whereas post nuptial agreements are marital contracts executed following the marriage. Postnuptial agreements are generally entered into for the same reasons as premarital contracts. Many people don’t even realize that a contract executed after marriage which defines marital rights is legal; such agreements are valid and enforceable if executed properly.

Post marital agreements are governed by general contract principles and pre marital agreements are defined by the Utah Uniform Premarital Agreement Act. Both premarital and postmarital agreements are enforceable if signed in writing by both parties and meet other specific requirements.

Why Premarital and Postmarital Agreements?

Whether you are getting married or are already married, you may wish to define certain rights and obligations such as defining alimony, property distribution, or other issues. These contracts allow individuals to control how assets and property will be divided in the event of divorce or dissolution of a marriage. Postnups and prenups are becoming increasingly more popular.

Consideration

One of the main differences between a prenup and postnup is the presence of consideration. Consideration is the exchange of value for value or for a promise. In common terms this means, generally speaking, a contract will only be valid and enforceable if there is consideration given in the contract. Premarital agreements do not require consideration. Post marital agreements, on the other hand, do require consideration. In most cases this means that if you wish to execute a valid postnuptial agreement with your spouse, there must be an exchange of value such as money.

Postnuptial and Prenuptial Lawyer

If you are considering entering into a premarital agreement or postnuptial agreement, contact a Utah Family Lawyer right now. These agreements are very technical and must meet certain requirements or they are simply not worth the paper they are written on. If you have any questions regarding these contracts, call a Utah Divorce Lawyer at Salcido Law Firm today. 888-337-3236. We provide free consultations.

Let’s be honest, prenuptial agreements are not romantic. A couple in love does not want to think about divorce in any way when they have just decided to get married. But for many lovebirds, the benefits of a prenuptial agreement can be substantial.

If you have considered entering into a prenuptial agreement, it is important that both parties obtain legal advice. A prenuptial agreement must be consistent with state law or it can be overturned. And even a prenuptial agreement that is legal may not be fair to both parties to the marriage. At SLF, we can point out the potential pitfalls of as well as benefits of entering into a prenuptial agreement.

If you are getting married and have considered a prenuptial agreement, but you are not convinced or aware of the benefits associated with these agreements, consider the following:

1. A prenuptial agreement defines the financial arrangements and understanding of the spouses at marriage. The parties therefore know what to expect upon death or divorce.

2. A prenuptial agreement can effectively protect the interests of children from a prior marriage. A sizable portion of assets (called the elective share) may automatically go to a spouse upon death in most states, but this can be avoided by using a prenuptial agreement. This elective share can be waived in a prenuptial agreement. This is an important consideration, particularly where there are children from a prior marriage.

3. A prenuptial agreement may also make sense when there is a significant disparity in wealth. It is also worth considering if you or your spouse-to-be owns a small business or a stake in a family business; a prenuptial agreement can ensure ownership will not be contested in a divorce.

4. While you will have to pay an attorney to draft your prenuptial agreement, the cost of litigating a contested divorce would be far greater.

5. The prenuptial agreement may not only define what is a person’s separate property, but it will also specify what assets or debts will be joint or marital and direct how they will be split in the event of divorce.

6. The prenuptial agreement can direct if, and how, alimony or spousal maintenance will be paid.

If you are considering a prenuptial agreement and would like further information, contact one of the Utah divorce and family law attorneys at SLF today and Get Protected!