Order to Show Cause – Contempt Charges

order to show cause utah

Order to Show Cause

Contempt Procedures or Contempt Charges

An order to show cause in Utah is a way that your ex-spouse can force you to comply with a court order.

Perhaps it best to use an example.

Let’s say there is a temporary order in place in your divorce case that requires you to pay temporary alimony to your spouse during the divorce case. Let’s say it is for $500 per month. So, for whatever reason, let’s say that you don’t pay your spouse the $500 per month. Your spouse can bring an order to show cause before the court, asking you to be held in contempt of court for your failure to obey the lawful court order. (i.e. – not paying the $500 per month).

So, contempt of court can be a monetary sanction – meaning you pay your spouse’s attorney’s fees, costs, and a punitive dollar amount. Contempt can also be by putting you in jail for a weekend or, until you are current on your payments. This is drastic, but I’ve seen it happen. You really don’t want to get thrown into jail.

Contempt can play a big role after a court has actually issued a judgment, order, temporary order, or decree to control the actions of the parents, which it can do at any type of point throughout the separation or divorce, or custody proceedings. As soon as the court has provided such ruling, it is extremely important for you to obey them and for your ex to obey them as well. Courts hate it when a parent neglects their orders.

If an attorney and his client can create evidence that you have willfully violated the provisions of a court order; then, they can “make a motion” or file an “order to show cause” for a contempt ruling.

How to Get a Contempt Ruling

In Utah, it goes to 2 hearings:

First, there is a hearing before the court commissioner. This is just where attorney’s make argument. The court commissioner will certify the issue for contempt. If certified for contempt, then the court will allow an evidentiary hearing to take place on the order to show cause.

Second, there is an evidentiary hearing. This is set before the district court judge in your case. This is like a mini-trial because you will have to take the witness stand and testify and your ex will take the stand and testify and any other witnesses will also need to be there.

Technically, a contempt action is appropriate anytime you or your ex goes against any kind of provision of the court order or decree. Most of the time, however, the violation or infraction needs to be considerable.

To find a party in contempt of court requires there to be a “willful intent” to violate the order. The court can not just conclude that the party did not act based on the decree. The court has to rule on the evidence that the accused purposely did so and did so without a good reason.

Consequences of a Contempt Ruling

Remember that a contempt charge is civil in nature and not a crime. This means that usually you’re not looking at jail time.

Still, I have seen courts put a non-compliant person behind bars for failing to pay child support of alimony on purpose.

I hope this has been helpful.

Let me know your thoughts.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5507

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Divorce Lawyers Near Me

divorce lawyer near me

Do I need to hire a divorce lawyer near me or near the court where I’ll be filing for divorce?

The answer may surprise you – but the answer is maybe.

In divorce cases, our main location is in West Jordan, Utah – so of course we go to the Matheson courthouse and we go to the West Jordan Courthouse for divorce cases, but we’ve also been all over the state of Utah. We’ve been to Manti, Ogden, Provo, and all across the state.

Yes, the majority of our cases are in Salt Lake County, Utah County, Weber and Davis Counties – this is true. So, it really depends on what type of case that you have and what it is you are trying to accomplish. Are you modifying your divorce decree? Is your case contested or uncontested? Will it take years or will you be done in 90-120 days?

All of these questions play a role as to where you want your lawyer to be located. Ever if your lawyer is right next to the courthouse like us (we are a 2 minute drive to the West Jordan Courthouse) that doesn’t necessarily mean that you’ve got the best lawyer for the job.

You wouldn’t hire a plumber to do your dental work would you? Then you shouldn’t hire just anyone to do your divorce or family law case.

You should at least get a free legal case review with our office just to go over things and make sure your case is on the right track. Oftentimes, we’ve been able to help our clients avoid years of litigation and tons of frustration.

You can do the same. Call us when you are ready.

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5507

SEO by Jeremy Eveland

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Divorce Lawyer Provo Utah

Divorce Lawyer Provo Utah

Are you a divorce lawyer in Provo, Utah?

Well yes, we regularly do divorced in Provo. We have appeared before all of the judges and court commissioners in Provo. Commissioner Patton and Commissioner Faulkner are both respected and detail oriented.

In this video we explain that we practice family law in Provo, Utah.

What is family law?

Family law is the area of law that pertains to families and family relationships. So we do divorces, separations, pre-nups, custody cases, adoption cases, juvenile cases, DCFS cases, and any other type of case that has to do with the family.

One of the staff here at our office has adopted 3 children! One of the former attorneys has been through a divorce. We are all part of a family in one way or another and sometimes those relationships get strained or have to change. We help people deal with those changes.

If you need a family law attorney in Provo, Utah, you should give our office a call.

Divorce Lawyer Provo Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5507

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How Do I Find Out When My Divorce Is Final?

How Do I Find Out When My Divorce Is Final?

Yesterday I received this question: How Do I Find Out When My Divorce Is Final?

Good question, I responded: When did you file for divorce?

The response came: Well, I think my ex filed a few years ago.

“Alright” I replied, “Do you know your case number?”

No.

Let’s search by name then – … we searched by name and we couldn’t find her case. We tried dates of birth and we tried her ex’s name. Nothing came up. I asked her if she had ever seen divorce papers. She said she thought she had, but her ex told her he was taking care of it. I had her contact her ex, get a case number and call me back.

Long story shorter – he had never filed for divorce!

Can you believe it!

Yup, it’s true. She thought they had been divorced for at least 2 years, but nothing was ever filed with the court.

Now, if you are sure that a divorce case was filed and you have a case number, an attorney can easily look up your case and find out what the status of the case is. We simply log into the court’s system here in Utah and we search by the case number and we can pull up the court docket and we can tell you what has happened in the case.

If you want to know when your case was finalized, we could look up that too, but we can’t get you certified copies of court papers and, unless we represent you, we can’t even look at the court papers because they are private records.

If you retain us as your lawyers, we can pull up all of the paperwork on your case and get you copies of your divorce decree, modifications, temporary orders or whatever the case maybe.

I share this story because I want you to know that if your spouse moves out and tells you they are filing for divorce, you ought not believe it until you receive divorce papers.

If you do receive divorce papers, you should contact our office to discuss how to move forward in your divorce case so that you can do exceptionally well.

So whether you have a contested case or an uncontested case, we are happy to assist you.

Call us when you need help or have questions.

Family Law Attorney Salt Lake City Utah

Family Law Attorney Salt Lake City Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 876-5875

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Do I have to take the divorce education and orientation class?

Do I have to take the divorce education and orientation class?

This is a great question.

Why do you have to attend a divorce education class when filing for divorce in Utah?

Well, the courts have determined after reviewing several studies that parents need to understand how to navagate the divorce process with children around.

Oftentimes, the children of a divorced couple can suffer negative unintended consequences from a divorce. For example, when I was a kid, I had a good friend whose parents got divorced. It was devastating to him. He literally thought that the divorce was his fault.

Think about that for a minute. My friend thought that his parents were getting divorced because of him. Because he thought he was such a horrible kid that his parents were divorcing. How wrong is that?

The divorce orientation and education class in Utah is important. You need to know how to set boundaries and educate your children in such a way that they will be alright. They need to be able to cope and love both their mom and their dad. Children shouldn’t be required to choose one parent over another — even if one parent is to blame and the other isn’t.

The best thing for you to do is love your kids and don’t involve them in the divorce process.

Take the divorce education class.

The link is here –

https://www.utcourts.gov/specproj/dived/

Now that you’ve got the link – check out the calendar on the official court website and go take the class. It’s required so you’ve got to do it if you have minor children.

Once it’s done, make sure you tell your attorney so that they are aware — they need you to do that if you want to receive any affirmative relief from the court, like filing a motion for temporary orders or something like that.

I hope this post has been helpful.

If you need more information on divorce in Utah, give us a call – we’d be honored to assist you with your case.

Until next time –

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5507

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Can You Date While You’re In The Middle of a Divorce?

can you date while you’re in the middle of a divorce

Can You Date While You’re In The Middle of a Divorce?

This was the question I received yesterday.

I understand why someone would bring this up. I mean, if you have already mentally checked out of your marriage and you have no intention of reconciliation, then you are probably looking for someone to be your new companion. All of us, have a built-in instinct (at least I believe we all do), that makes us want to have a companion or someone to share our lives with. We want to be with someone who loves and cares for us, who makes us happy.

Is during divorce the right time to do it?

That is up to you.

So, there is no law that I am aware of that prohibits you from talking to a member of the opposite sex (or the same sex) while your in divorce. In fact, I know many of our clients have dated during their divorce. It is always best to be up front with these people and to tell them the truth so that they are aware of your situation. You surely don’t want to deceive another.

At the same time, I wouldn’t advise you to go live with a girlfriend or boyfriend until the divorce has been finalized. Remember, if you are being sued for divorce on the grounds of adultery, then this could be used as evidence against you in court. After all, you are married until the judge signs your decree of divorce.

Remember, every case is different. If your soon to be ex-spouse finds out, will he or she contact their lawyer and make a huge deal about it, causing you additional stress and financial costs with more acrimony and fighting in court? If so, be careful he or she does not find out. I would also advise you to do this AFTER you have physically separated and are living apart.

It’s not illegal.

Every situation is different.

If you still have questions, please give us a call.

I hope to help you in your divorce case.

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 876-5875

Jeremy Eveland


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Should We Get Divorced Before Or After We File For Bankruptcy?

First let me remind you readers that each case is different. Although I try to set forth good information here, you really should call us for a free consultation because each situation is different.

As you probably know by now if you’ve been reading our blog, divorce is financially devastating. Even if you “get along” in your divorce.

bankruptcy and divorce in utah

I usually hear from potential clients about 2 years after their divorce is finalized to file for bankruptcy.

I always say the same thing, “You should’ve done this bankruptcy as part of your divorce.”

The reason why is simple: you only pay for bankruptcy once instead of twice.

Once the divorce is finalized, you have to file 2 bankruptcies instead of one!

That being said, if you are planning on getting divorced and also need to file bankruptcy, you probably want to file a chapter 7 (if you qualify) together BEFORE your divorce is finalized.

You can both file for bankruptcy while you are in the middle of your divorce case.

I understand that doesn’t always happen.

I understand you might not be able to stand your spouse and that’s why you’re getting divorced. So sometimes this doesn’t work.

Let’s discuss the 2 main types of bankruptcies that we do for clients while they are in divorce.

Chapter 7 Bankruptcy:

Low Income– If your joint income is low enough to qualify for a chapter 7 together, then file it before your divorce is finalized. Your joint bankruptcy will only result in paying attorney’s fees once and paying the court filing fee once.

High income– If your joint income disqualifies you for a joint chapter 7, then wait until you are divorced, or at least physically separated and on the road to divorce. If your separate incomes are each low enough to qualify for separate chapter 7 bankrutpcies, then file individual or separate cases. You’re paying twice the attorney’s fees and twice the filing fees, but it’s still cheaper than a chapter 13.

Chapter 13 Bankruptcy:

If you file a joint chapter 13 and then file for divorce; then, odds are pretty good that your attorney will have to withdraw as counsel, and then you will have to either file 2 new chapter 13 cases or bifurcate your case and each pay separate chapter 13 plans.

Your attorney will probably have to withdraw because you have created a nearly impermissible conflict of interest for him, and he can not represent both of you fairly.

Sometimes, your attorney may still be able to represent both of you in the bankruptcy case, but it’s really fact specific. You should call us to discuss your specific circumstances so we can decide what is the best course of action for you.

Our office has filed hundreds and hundreds of bankruptcies over the years and hundreds of divorce cases – so we know about these areas of law really well.

You want to make sure that your attorney knows what they are doing and have gone through both types of cases before, or you could be ill-advised.

Hope that helps.

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 876-5875

SEO by Jeremy Eveland


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How Long After A Divorce In Utah Can You Get Remarried?

how long after a divorce in utah can you get remarried

how long after a divorce in utah can you get remarried

How Long After A Divorce In Utah Can You Get Remarried?

Believe it or not, this is a question that we often get. I think the reason we get this question a lot is because divorce in Utah takes time. It is a minimum of 90 days, but if there is fighting, it can take a lot longer.

The short answer to this question is immediately.

I personally recommend that you wait at least a day after your divorce decree is signed before you remarry. It makes it a little easier to prove that you didn’t get married while you were still married to someone else.

There is no waiting period for remarriage after divorce.

The way the court’s sign divorce decrees in Utah now, in 2017, is the court puts a digital seal and signature on the top of the first page of the decree with the date and time that the judge signed the decree. The moment after the judge signs the decree, you and get married again.

I hope this is clear.

If you have any other questions about divorce in Utah, please give us a call. We love family law cases and would love to answer your questions.

Thanks for visiting.

Divorce in Utah

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 876-5875

SEO by Jeremy Eveland


Source: http://divorcelawyersaltlakecityutah.tumblr.com/post/155950135495

Family Law

family law

family law

So yesterday I was working on a case and I received a call. The caller said that they knew I was a divorce lawyer and that I practiced divorce law, but they wanted to know if I was a family law attorney and if I practiced family law.

Watch this video I just made about this topic:

I almost laughed because I thought it was clear to the entire world that divorce lawyers practiced family law. Then it hit me – it’s not obvious.

In fact, I know some lawyers that only do some types of divorce work. They are scared to do contested divorces because they know that they are no good in court, so they only do uncontested cases.

I know other lawyer who do some adoptions but won’t do guardianship cases.

So, let me put it out here plain and simple.

We do family law in our office. We do divorces, modifications of divorce decrees, adoptions, child custody cases, child support cases, surrogacy cases, guardianship cases, mediation, and all other types of family law. We love going to court and fighting for our clients and at the same time, we love doing the uncontested cases as well. We aren’t scared of court and we are passionate about fighting for our client’s rights. We care about our clients and I believe that it shows.

Now, with that said, we also don’t take ever case that comes in our office. We offer free consultations; however, if its not a good fit, or if we find out our clients lie to us, we will not represent them. We want to feel good about the work we do each day, just like you want to feel good about the work that you do.

So, do we practice Family Law?

yes. We do.

So, if you have a family law question or concerns, please give us a call 801-676-5507 – I look forward to helping you!

Divorce in Utah

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506
Fax:(801) 676-5508

SEO by Jeremy Eveland


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What is the Quickest Way to Get Divorced in Utah?

utah divorce lawyer 2017

utah divorce lawyer 2017

What is the Quickest Way to get Divorced in Utah?

You know we get some great questions about divorce, child custody, grandparent’s rights, adoptions, and all areas of family law, but one that get more than you’d think is this one – how do I get a quick divorce?

As I’ve outlined in other posts, here, here, and here, there is a 90 day waiting period in Utah before a divorce case can be finalized.

However, there is something you can do to speed it up. You can file a motion to waive the 90 day waiting period. Now, it used to be a few years ago that you could file the motion and have no reason at all, other than you want to get it done quickly, and the court would grant the motion and the judge would sign off on it. But that’s not the case anymore.

What happened is the court of appeals stepped in and said that all had to stop. Since then, the district courts in Utah only

Now, in 2017, the judges will only sign a waiver of the 90 days with good cause shown. This could mean something like (1) you are getting married to another person and so you need the process sped up; (2) you’ve already been separated for years, so there is no reason to have the 90 day waiting period in your case; or (3) there is some other really good reason to expedite the process.

So, can it be done? Yes.

Will it work? Maybe.

You’ve got to have a really good reason. If your reason is: I really, really, really want a fast divorce, that probably won’t be good enough.

Watch this video I’ve done that explains how long divorces take in Utah and what the quickest method is:

Look – every situation is different. Every marriage is unique and every divorce can take different turns. Just because you want a fast divorce doesn’t mean your soon to be ex won’t fight you for everything. You just don’t know what will happen. Because of this, it’s always a good idea to speak with a great divorce lawyer. You should call me because I am one. You’d don’t even need to believe me. Just give me a call and you’ll find out for yourself.

I hope that this information has been useful to you.

If you’d like to discuss your divorce case, please give us a call, we’re happy to give you a free initial consultation.

Call now 801-676-5506

Best –

Divorce in Utah

Divorce in Utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506
Fax:(801) 676-5508

SEO by Jeremy Eveland


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