Mary Carollo: Do We Need a Lawyer for a Friendly Divorce?

This is a common question. The short answer is yes. While you and your spouse may be on the friendliest of terms, you are about to end your marriage and anything can happen.

When a marriage ends, disputes have a tendency to appear out of nowhere. If you choose to go forward with your divorce alone, and a conflict arises, you risk losing a lot. Having an attorney by your side protects your interests at all times no matter what.

Following is a list of reasons you should always hire an attorney to assist you with your divorce:

An attorney can recommend alternatives to traditional divorce that may be less time- consuming and more cost-effective, including separation and mediation.
Your lawyer can help you and your spouse divide property and assets in a manner that is fair for everyone.
You can discuss your expectations for the divorce with your lawyer and he or she can review your case and make recommendations on how to move forward.
An experienced attorney knows the challenges and conflicts that can arise during even an amicable divorce and how to best represent your interests.
Your attorney can assist you if there is a dispute regarding child custody, child support or alimony.

Most importantly, there are 14 documents needed for a friendly divorce, and the entire character and intent of the agreement can be charged with one single wrong word. If you have ever treated yourself to anything, treat yourself to a divorce lawyer to do the legal documents that will effectuate your “friendly divorce.” It isn’t something a non-lawyer should ever attempt.

You and your spouse may have mutually agreed to divorce. Your lawyer may even stand by and watch as you amicably end your marriage. In the event that an argument does arise, however, you need an attorney who fights zealously for your rights.

Why is Your Separation Date Important in a Divorce?

Often in a divorce, the date of separation is a key factor in determining how assets and debts are divided, who retains custody of the children and how much child support and/or alimony is owed. Most of the time, the date of separation is the date on which the two parties officially no longer lived together as a married couple. Usually, this occurs when one spouse moves out of the couple’s marital home with the understanding that the relationship is coming to an end.

However, there are some situations in which a spouse might not choose to move out, even though there has already been an expressed intent to end the relationship. If this is the case, it may come down to other factors to determine a date of separation, such as when one spouse started sleeping in another room, when one party hired a divorce attorney or when one party filed for divorce. This is also important to consider in cases in which a spouse moved out of the marital home, but did not intend to file for divorce.

How separation date affects the divorce

Any income each party earned after the date of separation would be considered the sole property of that person, which means it would not be subject to the division of shared marital property. The key word here is “earned,” not “paid.” A paycheck that came in after the separation would still be subject to property division if it was earned before the separation. The same is true for property acquired during the marriage, but after the date of separation.

The separation date could also determine when an individual becomes responsible for paying alimony or child support. A court could rule the payer must make temporary child support payments from the time he or she leaves the marital residence.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.