During a divorce, there will be proceedings focused solely on dividing your assets. In a digital world, there may be “property” that is not physical, but still needs to be divided. Intellectual property (IP) has become important during divorce cases because it can hold significant value. If you are in the throughs of divorce you need to understand if your Intellectual Property is at risk. Our divorce lawyers are here to help you have a fair division and navigate the emotional turmoil of divorce. 

What Is Considered Intellectual Property?

Intellectual property refers to creations and inventions. Any things that is creative will fall under intellectual property rights and could be split with your ex-spouse. Things that could be considered intellectual property include:

• Manuscripts
• Artwork
• Logos
• Inventions
• Books
• Software
• Brand names
• Slogans
• Confidential business information
• Formulas
• Royalties of all types of creative works

When IP Is Considered Marital Property

Multiple factors can impact when intellectual property may be considered marital property. Intellectual property that was created during your marriage will be considered marital property. If you developed a business, or logo, or wrote a book during your marriage, this will need to be split during a divorce. The proceeds from any creative work will be discussed by your lawyers to help determine what a “fair” split would look like. While the division may not end up being 50/50 it will need to be offered to each partner. 

Courts will also consider who the creator of the creative work was and how much each spouse contributed to the creation. Lawyers and judges will look at direct contributions and indirect contributions and take those into consideration. 

Some states may have additional laws that impact intellectual property. Some states will follow community property laws or have equitable distribution principles in the divorce proceedings. 

• Community property refers to property that is acquired during marriage like income and debt. In a community property state, your property will be divided equally. 
• Equitable distribution principles look at more personal factors like income, length of the marriage, or other contributions to the marriage. The court will look at what each spouse can provide and determine what is equitable for their specific situation. 

The Value Of Intellectual Property

The value of your creative works or developed business secrets will be assessed against several methods, including market value, income approach, and cost approach. This will look at the current value or useability of the IP as well as how it will change in the future. Evaluating the expense it took to create and develop the intellectual property will also play into its current value. The value of IP will help determine what you get during a divorce when your spouse has rights or time in the creation. 

Dividing Intellectual Property During A Divorce

The best way to have a positive split of intellectual property is to discuss and negotiate. Determining a fair split will be much easier when you involve lawyers and mediators to help keep the facts straight. Mediators will help keep emotion out of the situation and work hard to reach an agreement that is acceptable to both parties. 

When dividing IP is not feasible, royalty-sharing agreements or buyouts are an option. Royalty-sharing will require the holder of the IP rights to share an agreed-upon portion of the income. Your ex-spouse may not want half but may want to have some of that passive income going into the single life. 

Buyouts are used when complicated divorce proceedings make it difficult to split things equitably. One partner can buy out the other’s shares in the creative work. While this will have a higher financial cost upfront, it could save you from regret later on, if the popularity of the IP continues to grow. Buying out your ex-spouse will limit your contact with them in the future.

How To Protect Your Intellectual Property

Even if you aren’t worried about an impending divorce, there are ways you can protect yourself for the future. To protect your intellectual property you can:

• File a prenuptial or postnuptial agreement
• Have a clearly defined contract of who is the owner of the IP
• Maintain detailed records throughout the creation process
• Consult legal experts about how to ensure your rights are protected

Divorce Help From Kaufman, Nichols, And Kaufman

Our lawyers love to help with family cases and divorce cases in Utah. KNK has over 100 years of collective experience that will help you approach divorce with confidence. We know that divorce is vigorous and emotional, so we are here to support you and help you get what you deserve according to the law. No matter what matters you are struggling with, our team can help you navigate child custody, personal injury, criminal charges, and estate planning. Reach out to us to learn more about our affordable options that can help you approach the future with hope. Contact KNK through our consultation form to start today!

Those who are going through a divorce may find it hard to stay in the same home as their soon-to-be ex-spouse. A common question that divorce lawyers get is should you leave the marital home before the divorce is final? Many factors can affect the answer to this question, especially if your partner has been abusive. Depending on the reason for your divorce, children, and financial situation, leaving the marital home may not be possible until after the final proceedings. 

If you or someone you know is experiencing domestic violence, help is available. Reach out to the National Domestic Violence Hotline at 800-799-7233 or text BEGIN to 88788. 

Impact On Custody

If you and your spouse have children who live in the marital home, leaving before the divorce is final could damage your custody battle. Most often the parent who stays in the marital home with the children will end up being awarded the home in the divorce. It is unlikely that the courts will remove your partner who stayed in the home and reinstate you. If it is safe to do so, staying in the home to help with your children until the divorce is final will yield better results. 

Abandonment Claims

For no-fault divorces, abandonment claims are less of an issue, but for fault divorce filings, leaving the home could hurt your case. Issues could be brought up in court and be used against you during the divorce proceedings. Your partner could claim that you have abandoned your shared responsibilities or financial obligations now that you don’t live in the marital home.

Personal Peace

Sometimes the reason for divorce is frequent conflict or fear of retaliation. Leaving the home you have shared with this partner could bring you some peace and lower your stress level. Depending on your situation, the cons of leaving the home may not outweigh the peace you could recieve. Those who have been abused, manipulated, or emotionally tested could find peace in finding a temporary living situation outside the marital home.

Paying For Two Residences

The marital home is often the largest asset that a divorcing couple has. If one partner moves out of the home, this could impact the division of property during the divorce. Leaving the home, even if you are on the deed for the home, could cause the courts to award the home to your partner during the divorce.

Moving out prematurely could cause other financial repercussions as well. Leaving a home you have spent so much time in can cause your life to feel uprooted. Paying a mortgage on two places or looking for a place to rent on top of your mortgage can cause financial stress. Finances will already be tight during a divorce, so moving out prematurely could leave you deep in debt. 

Consult Your Attorney

Before you make any major decision while going through a divorce, consult your attorney for advice. Moving, job changes, leaving the home, dating, and more could impact how your divorce plays out. Speaking with your attorney and asking them for advice will help you proceed with caution. 

When Leaving Is Necessary

Abusive partners, those threatening harm, or ones who are stealing from you are often reasons you should leave the marital home before the divorce proceedings are final. Depending on the specifics of your situation, you may be able to live with family or in a safe house until the legal proceedings have commenced. When staying the home puts you or your children at risk, you should prioritize safety above all else. Local resources can make the transition to a new space easier and protect the safety of all family members.

Divorce Help From KNK Lawyers

Kaufman, Nichols, and Kaufman are the top divorce lawyers in the state of Utah. We help those who are going through a divorce, looking to adopt, seeking guardianship, or need estate planning. Legal problems over family disputes can become confusing. Whether you need legal counsel or an aggressive lawyer during a trial, we are ready to help. Our legal team at KNK will help you navigate these matters with ease and ensure that you get the best outcome possible. Reach out to our law office in Ogden, UT today to learn more about our legal team.

The complexity of divorce can be emotionally and mentally taxing. Parenting your children from a distance with your ex-spouse can be a difficult thing to process. Developing healthy co-parenting dynamics is important, but it can be difficult to do from afar. While we never want to be away from our children for long, we can still maintain a connection with children during long-distance parenting. 

1- Embrace Technology

One of the best ways that our technological advancement has helped society is by being able to foster connections from a distance. FaceTime, Skype, social media, messaging apps, texting, and phone calls are all ways to connect with your children after a divorce. Scheduling consistent phone calls or video chats will help you maintain regular communication during long-distance parenting.

When you are not physically there, your children may feel sad about not being able to share about their day or what they are feeling. Using technology can help a child feel closer to their absent parent until they can physically see them again. 

2- Plan Meaningful In-Person Visits

Whether a parent moves away or is separated for another reason, planning in-person visits if possible will foster healthy relationships. When physical meet-ups are possible, you should make time to do special activities and ensure quality time with your children. 

Meaningful visits don’t need to be expensive, but they should be something memorable. Going to a movie, cooking a meal together, reading books to your children, or doing school projects together are great activities for in-person visits. 

3- Manage Emotional Challenges

Long-distance parenting and the divorce process will be emotionally challenging for parents and children alike. Reassuring your child that you are not emotionally abandoning them will be essential to maintaining a healthy relationship. Both you and the child could benefit from therapy (together or separately) and talking openly about your feelings with each other. 

Children will learn better emotional regulation and won’t feel shame about sharing their struggles with you. If you are open about your struggles and complex emotions you are feeling, children will feel less lonely. 

4- Communicate With Your Co-Parent

Maintaining communication with your ex-spouse can be difficult, but in order for co-parenting to work you will need to have quality communication. Collaborate on a plan that will ensure the child maintains a routine and is best for the routine. Flexibility is key when long-distance parenting. 

Sharing information about your child’s schedule and happenings with the other co-parent will help them feel involved and the child feels cared for. Working together with your co-parent and professionals will ensure that a child feels seen and understood. 

5- Respect Everyone’s Privacy

Being long-distance from your child means that you won’t know what they are doing every minute of the day. It is normal for long-distance parents to feel left out of the loop, but parents will need to respect the time and privacy of their children. Regular communication is key, but privacy is also important as your child grows. Maintaining boundaries as a long-distance parent will help strengthen your relationship.

6- Surprise Your Kids In Fun Ways

Even if you can’t fly or drive to surprise your child, there are other ways to show them that you are paying attention. Moving away or missing milestones can be heartbreaking for all parties. Here are some ways to surprise your child while long-distance parenting.

• Write down important dates and talk to your child about them before and after they occur. 
• Send handwritten letters
• Send small meaningful gifts
• Connect on social media or send your child funny videos
• Send them a daily joke
• Create long-distance traditions for holidays
• Don’t shy away from co-completing activities over video call

7- Provide Unconditional Emotional Safety

The key to parenting after divorce is to stay true to your word. A big change can cause complex emotions for a child, which they may need help working through from an adult. Both of you being vulnerable with each other will help a child feel safe with you, even from a long distance. 

Even if you haven’t been emotionally available for your children before, building new parenting habits after a divorce can help strengthen your relationship with your children. They may worry that they won’t be as close to you as they were before, so developing a stronger connection through any means possible will help avoid this feeling. 

Divorce Help From Kaufman, Nichols, and Kaufman

With decades of combined legal experience, KNK attorneys know how to handle complex divorce and other legal proceedings. Our legal team will show interest in each client’s situation so that we can provide the best guidance possible. KNK has passionate attorneys who want to help you settle your debates out of court if possible. Schedule your consultation today!