Managing divorce can be overwhelming, especially due to misinformation. Friends’ good intentions can add to the confusion. It’s important to note that divorce laws vary by state. What’s true for a cousin’s divorce in Los Angeles might not apply to advice from a Salt Lake divorce attorney. To navigate this challenge and prevent surprises from false information, it’s essential to address common misunderstandings about divorce in Utah.
Misconception 1: Kids choose where they want to live.
In matters of custody and visitation, the court takes into consideration the preferences of the children involved. It’s important to note, however, that this doesn’t imply that children possess complete authority over the decisions made. Utah courts prioritize the maintenance of healthy and positive relationships between parents and their children, while simultaneously taking into account the children’s expressed preferences.
The underlying aim of the court is to strike a balance between honoring a child’s wishes and ensuring that both parents retain a meaningful presence and influence in their lives. This balance acknowledges that while children’s preferences should be considered, they are best served when surrounded by the positive involvement of both parents.
Misconception 2: Courts tend to prefer the mother’s side.
Since the implementation of House Bill 88 in 2012, courts are prohibited from discriminating based on gender when making decisions about custody, child support, and parenting concerns. The child’s best interests guide these decisions, irrespective of whether the parent is a mother or a father. Factors such as the parent’s relationship with the child, their involvement in daily caregiving, and financial contributions are taken into account without regard to gender.
Misconception 3: Divorces often involve lengthy legal disputes in court.
Contrary to popular belief, not all divorces result in lengthy legal battles in court. In Utah, divorcing spouses are required to attend at least one mediation session, often leading to compromise and settlement. This approach allows couples to retain control over the outcomes, often resulting in more favorable results for both parties. Mediation and arbitration can provide alternatives to prolonged court proceedings, resulting in quicker and less expensive resolutions.
Misconception 4: If support payments are not made, visitation rights might be denied.
Child support and visitation are separate matters. If one parent fails to make child support payments, the appropriate action is to address it through the legal system. Withholding visitation as a consequence is not permissible and can lead to legal consequences. Custody agreements should be followed, and any modifications should be handled through proper legal channels.
Misconception 5: Everything owned will be divided equally..
Utah follows equitable distribution principles, meaning that assets are divided fairly but not necessarily equally. Various factors, including income disparities, future earning potential, and health conditions, are considered in the asset division. Some assets may be excluded from the divorce settlement, such as pre-marital property, gifts received during marriage, and inheritances, which are protected by prenuptial agreements.
In summary, successfully navigating the intricate landscape of divorce necessitates having precise information and making well-informed decisions. Misunderstandings can result in substantial errors when it comes to financial planning, determining child custody, and the process of ending a marriage. Enlisting the assistance of a seasoned attorney becomes imperative to guarantee that your choices are founded on accurate details. When uncertainty arises, seeking the counsel of an expert can provide clarity and enable you to make judicious decisions that are in harmony with your unique circumstances.
source: https://divorceattorneyut.com/5-common-misconceptions-about-divorce-in-utah/
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