Divorce

The decision to divorce is a difficult one to make, particularly if children are involved. The divorce process creates profound stress and often precipitates many other life changes. Garner Law is here to guide you through this difficult process before, during and after your divorce. In addition to acting as an advocate and advisor for our clients, our attorneys understand the pressure felt by those involved in the divorce process and work to address their personal concerns.

Child Custody

Child custody is often the most critical part of a divorce and the most difficult process to experience. Our attorneys are sensitive to this fact and fight hard to make the process work for its clients. Our attorneys have the skill and understanding to help families quickly resolve these highly-sensitive matters. Each parent or relative we represent can rely on our expertise in child custody rights.

Child Support

Child support is the amount of money the court orders one parent to pay the other parent every month for the support of the child. Utah has guidelines for figuring out how much child support should be paid in all cases. Child support payments are usually made until children reach the age of 18, or turn 19 if they are still in high school full time, living at home, and can’t support themselves. However, parents may agree to support a child longer.

Spousal Support

Alimony is a court ordered payment for the support and maintenance of an ex-spouse. It may be ordered to be paid as a lump sum or on a continuing periodic basis. Alimony is not a spouse’s portion of the other spouse’s income and is not awarded in every divorce. Utah alimony awards are usually limited in duration to the length of the marriage. Utah courts may order alimony for a shorter or longer period if the right circumstances exist.

Modifications

Divorce doesn’t stop life from changing and often the orders established in a divorce become unworkable. If there is a substantial and unforeseeable change in your circumstances, or if one of the parents is trying to relocate, a modification may be warranted. If you have concerns about the court orders relating to your divorce, custody, or support arrangements, We may be able to represent you in a post divorce modification proceeding.

Separation Agreements

Temporary separations are used when maybe it is just time for a break. Temporary separation is an alternative step that spouses may take before filing for divorce. Separation agreements are useful if you are not sure you want to divorce, but they need court orders to establish temporary provisions concerning alimony, property and debt management and division, health care insurance, housing, child support, child custody and parent time.

Prenuptial Agreements

Prenuptial agreements are not just useful when one partner is wealthy or if there are kids from a prior marriage. Many other reasons exist to have a prenuptial agreement in place. A prenuptial agreement is a contract between two future spouses and it details how certain items will be handled in the event of a divorce. The most common items finalized is under which conditions alimony will be paid, how custody or parent time with children will be handled, and how the marital property will be distributed.

Adoption

Our office represents clients most often in private placement Independent Adoptions (that is where the birth parents choose the adoptive parents and place the baby directly with the adoptive parents usually at the time of the baby’s discharge from the hospital). We also represent clients who are adopting through licensed adoption agencies. We handle collaborative placements which combine the best features of Independent and Agency adoptions often without the drawbacks of traditional Agency adoptions. 

Grandparent Rights

If you are a grandparent seeking custody or visitation, it is important to understand your rights and the uphill battle you face. To compel a court to grant a grandparent custody or visitation a grandparent must essentially demonstrate that the grandchild will suffer harm if the grandparent custody or visitation is not granted. It is no longer enough to argue that a grandchild may benefit from grandparent involvement.

Paternity

When a married woman gives birth to a child, the woman’s husband is presumed to be the father but when a child is born outside of wedlock there is no such presumption. A paternity action can legally identify the father if the identity of a father is in doubt or if the child was born outside of marriage. Determinations of paternity allow child support to be established along with child custody and parent time orders.

Protective Orders

A protective order, or restraining order prohibits the person against whom the protective order was filed from taking certain actions against the person requesting the order. Courts may issue a protective order if the respondent has harmed the petitioner or if the petitioner is afraid the respondent will harm them. 

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