North Salt Lake 84054 Davis Co. UT divorce lawyer questions

Divorce - How To Survive A Break-Up

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Adultery is by far the most adversarial type of divorce case. Divorce proceedings involving adultery are, as a general rule, very stressful for both spouses.

There are many reasons why people engage in adultery. Anyone can feel insecure, lonely and in need of validation at any time, even within a long and stable relationship. Individuals and relationships go through many different stages. The needs of the spouses can change over time, because of age, background, personality traits and emotional needs. In most adultery cases, the cheating spouse is not seeking a divorce. Generally, they are not thinking that he or she might end up losing close contact with their children.

Not every adultery situation ends in a divorce. But when it does and minor children are involved, then the behavior of the unfaithful spouse can have a negative effect on his or her custody and visitation rights. This is particularly true if that same parent devoted more time to his or her extramarital relationship than to his or her own children.

In a divorce, proceeding adultery can provoke very strong animosities between the two parties. The innocent partner might want to punish the cheating spouse by not allowing him or her to relate to their children. If you are granted custody of your children and your unfaithful ex-spouse was granted visitation rights, the last thing you want to do is to interfere with those rights. Keep in mind that even when engaging in adultery, a parent can still be a great parent. Not only that, but also keep in mind that the visitation order is a mandate of the court that you must observe. If you fail to comply with a court order you might be found in contempt. In some states, being found in contempt of court may mean jail time.

Therefore, no matter how much you hate your ex-spouse, do not interfere with the visitation schedule approved by the court. This can result in you losing custody of your children, having them taken away from you, and/or spending time in jail.

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North Salt Lake 84054 Davis Co. UT guardianship lawyer

My Wife Wants a Divorce But I Don't - What Do I Do?

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When homeowners are facing a divorce, one of the most difficult decisions is determining what to do with the house. Because this decision can be highly emotional, important factors can be overlooked and the final decision could be a major financial mistake for both parties.

Couples under the duress of ending a relationship need to step back and look at the true financial value of the house before making a decision. Divorce is scary, so fighting to hold onto the house may provide a level of comfort. But this may be short-lived once a newly single person is weighed down by the high cost of the house. The better choice might be to sell the house, even if you owe more than it is worth. A divorce situation opens the door to getting out from under a financially upside-down house and a potential foreclosure.

Divorcing homeowners need to realize how the tremendous decline in housing values has affected the value of their house. Even if they have owned the house for as long as seven years, they still may owe more than the house is worth. With housing values continuing to decline, it may not be worth fighting to keep a house and ending up with an asset that is worth less than you owe. A better alternative may be a short sale of the house.

Divorcing homeowners can determine if they should sell the house by:

• Checking its market value. A simple way to get a "general" idea of the market value is to check the county's appraised value. This can be done by visiting the county's Appraisal District website. A more accurate way is to have a local realtor assess the value of the house.

• Checking the principal balance of the mortgage. Most mortgage companies provide the principal balance on the monthly statement, or you can call the mortgage company and ask for the "principal balance."

If the principal balance is higher than the market value, a short sale may be the answer. Most mortgage companies recognize a divorce as a justifiable reason for a short sale.

In a short sale, the proceeds from the sale amount to less than the balance owed. The bank or lender agrees to discount a loan balance due to an economic or financial hardship caused by the divorce. This negotiation is done through communication with a bank's loss mitigation or short sale department by a professional company.

For the homeowner, advantages include getting out from under an upside-down house, avoiding a foreclosure on their credit history, and partial control of the monetary deficiency.

Other considerations for divorcing homeowners include:

• Most lenders require a licensed real estate agent to list the house and conduct the short sale. The agent should be experienced at short sales.

• You should never pay anything for a short sale. The real estate company is paid by your lender after the sale.

• Beware of fraud. Make sure any company you work with is legitimate, with a business address and website. If all you have is an individual's cell phone number, this is not a good sign. Also, the company should never ask for payment.

• When deciding if you should keep the house, determine the total costs. The mortgage payment may be the largest cost, but there are also insurance, taxes, utilities, and yard care. Maintenance is a major consideration, because some big items need to be replaced every 10 to 15 years, such as a roof, air conditioning system, water heater, and kitchen appliances.

A divorce is one of the hardest and most emotionally draining events in your life, and following it with a foreclosure will only make things worse. As difficult as it may be, this is the time to look past emotional bonds to the house and focus on the numbers.

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