kaufman family law lawyers ogden ut

Kaufman, Nichols, & Kaufman, PLLC

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Should You Leave The Marital Home Before The Divorce Is Final?

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getting a divorce pros and cons

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

leaving marital home before divorce is final

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

Contested Divorce in Ogden Utah The Cost Of Divorce

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.

Filed Under: Family Law Attorney

telling your kids getting a divorce

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. 

long-distance parenting

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. 

Adoption Lawyers in Ogden Utah

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!

Filed Under: Family Law Attorney

Confidentiality agreement for divorce

Keeping the details of your divorce confidential is an important part of navigating divorce with ease. Confidentiality Agreements or Non-disclosure Agreements (NDA) are often included in a divorce to help prevent discussion of the divorce with others or the public. 

Since most divorces are emotionally charged, keeping some of your personal information out of everyone else mind will make the process go much smoother. This blog will share more about what a confidentiality agreement contains and how it is used during legal proceedings. 

How An NDA Works

Confidentiality agreements are legally binding documents that establish terms and conditions surrounding a certain topic. In divorce proceedings, an NDA will outline what information needs to be kept private, who can know about the divorce, using social media, etc. 

NDAs will also outline the penalties for violating the terms. Violating an NDA often comes with financial consequences or further legal action. Both parties need to read and agree to all the terms before they sign the NDA. Reading all the terms will ensure that parties understand what they are agreeing to and limits the likelihood of breaking the contract. 

Provisions In Confidentiality Agreements

Wondering what specifics are included in a confidentiality agreement? Here are some of the terms that could be implemented in your divorce NDA.

  • Documents that need to be kept confidential (court documents, financial records, settlement terms, and communications)
  • How long do the agreement conditions last
  • Exceptions to the disclosure
  • Legal Requirements 
  • Penalties for breaching the agreement
  • Legal remedies

Benefits Of A Confidentiality Agreement

Pre Nuptial and Post Nuptial Agreements Ogden Utah

Having a confidentiality agreement set before your divorce proceedings can help protect your emotional well-being and your existing reputation. Working with a divorce lawyer/attorney will help you reap all the benefits of an NDA. We know that divorces are messy and complex, so working to set some boundaries can help both parties limit stress. 

  • Privacy Protection: The biggest benefit of an NDA is protecting each person’s privacy. These help keep personal information, financial records, documents, and emotions from the public eye. Establishing clear guidelines around what cannot be discussed with others will help the divorce from getting muddied with differing opinions. 
  • Open Communication: An agreement is the best way to encourage honest and open communication between parties. Creating an agreement that benefits both party’s privacy will help it all to remain confidential. A smoother resolution of issues is attainable when either party is not working to spread false information about the other. 
  • Reducing Stress: Wondering if your personal information or habits will be leaked can bring added stress to your divorce. A confidentiality agreement will allow you to focus on the legal proceedings and other more important matters. 
  • Protection Of Reputation: Protecting the reputation of both parties will prevent damaging information from getting into the hands of others. Especially if either spouse owns a business or is working towards gaining child custody, reputation is key. Public exposure can have lots of negative consequences that will be avoided by signing an NDA. 

Considerations For Creating A NDA

There are some considerations to consider before signing an NDA. Since these documents are legally binding, having a lawyer look at the agreement before you sign is a safe practice. Whether it is your divorce lawyer or another attorney, having a second pair of eyes go over the details will ensure you don’t miss an important piece. Reviewing the contract will ensure that it benefits you and your spouse equally. 

If the agreement isn’t up to your standards, you will need to negotiate the terms. If you aren’t wanting to communicate the changes on your own, you and your ex-spouse’s lawyer can negotiate your changes. Working to have a mutually acceptable agreement will help your divorce meet your specific needs.

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Help From The Lawyers At KNK

Our family lawyers at Kaufman Nichols and Kaufman can help you with many different legal proceedings. KNK focuses largely on family issues like divorce, adoption, estate planning, spousal support, and guardianship. We are one of Ogden’s most experienced legal teams with a combined experience of over 100 years. Family issues can cause high emotional stress and make divorce proceedings drag on forever. If you want help in the complex legal world, reach out to the experts at KNK.

Filed Under: Family Law Attorney

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Kaufman, Nichols, & Kaufman, PLLC

205 26th St #34
Ogden, UT 84401
801-752-0499
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