FREQUENTLY ASKED QUESTIONS
At Bean Family Law, we provide trusted legal support in divorce, custody, adoption, and more. Let us help you move forward with confidence.
How can I plan for divorce before it happens?
Pre-divorce planning can help protect your assets and ensure that your rights are respected. It involves understanding your financial situation, protecting marital assets, and preparing for potential custody issues. Seeking legal counsel before starting the divorce process allows you to strategize and make informed decisions about your future.
What is mediation, and how does it work?
Mediation is a process where both parties work with a neutral third-party mediator to resolve disputes without going to court. The mediator facilitates discussions and helps both parties explore solutions. Unlike a judge, the mediator doesn’t make decisions but guides the parties toward an agreement that works for both sides.
What is the process for modifying child custody or support?
Child custody and support arrangements can be modified if there’s a significant change in circumstances, such as a change in income, relocation, or the child’s needs. To initiate a modification, you must file a petition with the court, and it will be decided based on the best interests of the child.
How is alimony or child support determined?
Alimony (also known as spousal support) is determined by weighing several factors, including the length of the marriage, the standard of living established during the marriage, and each spouse’s financial circumstances—such as income, earning capacity, and need. Courts may also consider each party’s contributions to the marriage and whether one spouse sacrificed career opportunities to support the other or raise children.
Child support is typically calculated using a statutory formula that considers both parents’ incomes, the number of children, and the physical custody arrangement. This ensures that children receive adequate financial support from both parents after separation.
When it comes to child custody and parent-time, the court’s primary consideration is always the best interests of the child. In Utah, this general principle is supported by a detailed list of statutory factors that judges must consider when making custody or parent-time determinations. These include the child’s emotional, physical, and psychological needs, the ability of each parent to meet those needs, and each parent’s involvement in the child’s life, among others. These factors are outlined in the Utah Code §§ 81-9-201 through 81-9-206.
At Bean Family Law, we’re here to help you understand your rights and navigate these important decisions with clarity and care.
What is a prenuptial or postnuptial agreement?
A prenuptial agreement is a contract made before marriage that outlines how assets will be divided in case of divorce. A postnuptial agreement is similar but is signed after marriage. Both can help protect assets and clarify financial responsibilities during the marriage and in the event of separation.
How do we value and divide marital assets?
Marital assets are generally divided equitably (not necessarily equally) based on factors such as the length of the marriage, the financial contributions of each spouse, and the needs of both parties. Common assets include real estate, bank accounts, retirement funds, and business interests. A lawyer can help ensure that your assets are accurately valued and fairly divided.
What is the process for establishing paternity?
Paternity can be established through a legal DNA test or by mutual acknowledgment of the father. In cases where paternity is disputed, a court order may be required. Once paternity is established, the father has legal rights and responsibilities regarding child custody and support.
What should I know about adoption?
Adoption is a legal process that establishes a permanent parent-child relationship between individuals not biologically related. It requires court approval and may involve home studies, background checks, and consent from biological parents. Once finalized, adoptive parents have full legal rights and responsibilities for the child. The process and requirements vary based on the type of adoption such as agency, private, stepparent, or international. Consulting a family law attorney ensures the process is handled properly and in the child’s best interest.
What is a guardian ad litem?
A guardian ad litem (GAL) is a court-appointed individual—often an attorney or trained advocate who represents the best interests of a child in legal proceedings, such as custody, abuse, or neglect cases. The GAL investigates the case, interviews parties involved, and provides a recommendation to the court regarding what arrangement would best serve the child’s well-being. They do not represent either parent but focus solely on protecting the child’s rights and welfare.
What is a special master?
A special master is a neutral third party appointed by a judge to assist the court in complex or specialized matters, such as resolving disputes, managing evidence, or overseeing compliance with court orders. In family law cases, a special master may help with issues like parenting time, discovery disputes, or enforcement of custody arrangements. Their role is to make recommendations or decisions subject to court review, helping streamline proceedings and reduce court backlog.
What should I gather before filing my divorce action with the court?
To ensure a complete and accurate financial declaration, please gather and provide the following documents. These records will help verify income, assets, debts, and overall financial status. Be sure to include all relevant statements for the specified time periods.
| Documents for Financial Declaration | |||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Income Documents | |||||||||||
| 1 | W-2 Forms (2 years) | ||||||||||
| 2 | State and Federal Tax Returns (2 years) | ||||||||||
| 3 | Paycheck stubs (1 year) | ||||||||||
| Income Documents | |||||||||||
| 4 | Bank statements for all bank accounts including checking, savings, 401k, IRA, money market, and investments accounts (3 months) | ||||||||||
| 5 | Digital app statements (i.e. Venmo, PayPal, Zelle, Square Cash)(3 months) | ||||||||||
| 6 | Credit Card Statements (3 months) | ||||||||||
| 7 | Any and all loan applications (1 year) | ||||||||||
| 8 | Retirement plan summary and recent statement | ||||||||||
| Debts | |||||||||||
| 9 | Living expense documents (utilities, rent/mortgage statements, etc) 1 month | ||||||||||
| 10 | Statements for any and all debts owed (1 month) | ||||||||||
| 11 | Trust deeds, notes, and mortgages for any and all real estate owned in whole or in part | ||||||||||
| 12 | Real property appraisals, tax valuations, etc. | ||||||||||
What areas of family law do you specialize in?
We specialize in various areas of family law, including divorce, child custody, child support, spousal support, property division, prenuptial and postnuptial agreements, and domestic violence cases.
How long does the divorce process take?
The length of the divorce process can vary depending on the complexity of the case and how quickly both parties can come to an agreement. In Utah, there is a mandatory 30-day waiting period from the time the petition for divorce is filed before the court can finalize the divorce.
How is child custody decided?
Child custody in Utah is determined based on the best interests of the child, which is the guiding principle in all custody and parent-time decisions. In addition to this general rule, Utah law outlines specific statutory factors that courts must consider when making custody and parent-time rulings. These factors include the child’s emotional and physical needs, the parents’ ability to meet those needs, and other relevant considerations.
The full list of factors can be found in Utah Code Ann. 81-9-201 through 81-9-206.
You can view the statutes here: Utah Code – Custody and Parent-Time
How much does it cost to hire a family law attorney?
We offer an initial consultations at a reasonable rate to discuss your situation and provide an estimate of fees and expenses.
Still have questions? Contact Bean Family Law at lstevenson@beanfamilylaw.com