The process of divorce can be complex and come with a lot of distrust and anger, but you can be amicable during divorce and remain civil with your ex. Especially during the divorce process, staying calm will help in child custody, splitting assets, and moving forward a better experience for all. Amidst a lot of emotions, it may be hard to stay level-headed, but prioritizing amicability will help the process end on a high note. Being amicable during divorce will help all parties to heal and provide a bright future. KNK lawyers can help you understand other legal processes and mitigate frustration during proceedings.

1- Focus On Open Communication

One of the best ways to foster good relationships and stay amicable during divorce is to have open communication. Having open communication does not always mean sharing every thought that pops into your head, but rather working on your listening and speech skills to share your emotions effectively. 

Both parties should do all they can to calmly express their needs, concerns, and aspirations for what the future will look like. To have open communication, each party will need to listen with empathy and try to understand each other’s perspectives.

2- Seek Mediation

If you are struggling to solve conflict effectively during your divorce, working with a neutral mediator can help facilitate dialogue and resolutions. A mediator can encourage compromise by providing an outside perspective. Professional mediators will help spouses to identify common goals that will help them better navigate the process. Mediation still allows both parties to have control of their divorce rather than letting a judge decide because a conclusion can not be reached.

3- Set Healthy Boundaries

Not only should you set healthy boundaries with your spouse, but you may also need to set boundaries with family and friends. Setting boundaries with your spouse will help make the definition of the relationship clear while preventing unnecessary arguments. If your family or peers are bashing your spouse, pressuring you to make decisions, or pressuring your children, you will need to set clear boundaries with them as well. Being amicable during divorce is easier when there are fewer voices providing insight. 

Boundaries will protect you, your spouse, and any dependents from further trauma. Boundaries will make it easier for you and your spouse to find common ground and reach compromises without the influence of others. 

4- Focus On The Future

Often a divorce needs to occur for all parties to have a brighter future. The betterment of the spouses and the future of the children should be your focus when navigating a divorce. Instead of worrying about who to blame, focus on the changes that you can both make and what new opportunities will await you. Avoiding pointing fingers will help the divorce process go quicker while preventing division among the entire family.

5- Prioritize Your Children’s Welfare

Children often get the brunt of divorce and feel the pressure to pick a side. Being amicable during divorce will allow you to be a better parent to your children and have a great co-parenting relationship with your ex. Despite the changes in family dynamics, divorce doesn’t have to be all bad when all people work together to foster healing and growth. 

Spouses can work together to tell their children about the divorce, answer their questions, and help children to know that the divorce is not their fault. Communicating effectively with your spouse will also help your children to see your and your spouse’s strengths and learn valuable lessons. 

6- Don’t Threaten Your Spouse

Similar to avoiding blame, spouses should avoid threats of any kind during divorce. Threatening to take away the kids, threatening violence, or any other threat to harm is not going to make your divorce process any easier. Being amicable during divorce doesn’t mean you need to be best friends with your spouse, but it doesn’t mean you need to make threats or foster abuse.

Divorce Lawyers With KNK

Our Utah lawyers can help you navigate the trenches of divorce with ease. We work with all kinds of divorce and spouses of all backgrounds. Working with a credible lawyer will ensure you get the asset you deserve and the process is completed quickly. Kaufman, Nichols, and Kaufman offer family law, personal injury law, criminal law, and real estate law to clients in the Ogden, UT area. We represent you in the best way possible and help to provide a better future for you and your family.

Two legal options exist when it comes to ending a marriage or other domestic partnership, an annulment and divorce. Both of these options have similarities, but they can be used for different situations and couples. Couples wishing to end their marriage should learn more about each option to determine the best option for them. 

Kaufman, Nichols, and Kaufman offer legal advice and have specialists that can aid you through the process of an annulment or a divorce. Ending a marriage is a complicated process, so working with a skilled lawyer can help lift some of the stress from your shoulders. 

What Is An Annulment?

An annulment is a legal action that erases a marriage by declaring it null and void. The court will effectively rule that your marriage never existed based on a few factors. Some lawyers will suggest annulling the marriage to save the couple from dragging out divorce proceedings. Annulment doesn’t mean the marriage never happened, it just means that it was never legally valid. 

Some reasons an annulment can be suggested for couples include:

• Bigamy: One or both spouses were already married at the time of the marriage
• Forced consent: You or your spouse entered the union under duress
• Prohibited by law: Usually used in cases of incest
• Mental illness: One or both partners were not in the right headspace or emotionally disturbed at the time of the marriage
• Underage marriage: One or both partners were not the legal age of marriage (varies by state)
• Inability to or lack of consummation: Either spouse is unwilling or incapable of sexual relations. 

Marriage Annulment Time Frame

The biggest difference between the two legal actions is the time frame since the marriage occurred. In specific situations (cases of incest, underage marriages, etc.) the timeline may not apply. Annulments are not immediately granted if you have only been married for a short time, your relationship will have to meet one of the above conditions before annulment will be considered. However, marriages that have lasted a long time may not be candidates for annulments. 

In the state of Utah, the length of a marriage is not a legal ground for annulment. There is no time frame or time limit to file for an annulment in Utah, but other states will vary. 

Costs Of Annulling A Marriage

One myth around annulments is that they will be cheaper than a regular divorce, but both options can be costly. Depending on if both parties agree to the annulment or divorce, the legal proceedings and costs can be relatively low. Minimal disagreements will help keep the costs of ending a marriage low. 

Hiring an attorney, what state you reside in, choosing how legal proceedings will go, and splitting custody or if you have to provide spousal support will all affect the overall cost. 

What Is Divorce?

A divorce is defined as a termination, dissolving, or ending of a marriage that was legally valid. Ending the legal marriage declares the spouses as single again, but the marriage did exist and was legal in the eyes of the state/nation. 

Fault vs. No-Fault Divorce

There are factors like adultery, imprisonment, or abandonment that can change the projection of your divorce. These factors are all considered reasons for fault divorce. 

No-fault divorces are where neither spouse needs to prove wrongdoings or fault in order to get a divorce. These divorces often cite “irreconcilable differences” as the reason for ending the marriage. 

No matter what type of divorce happens, divorcing couples may still have disputes over assets, children, and other finances. Fault divorces can lead to larger settlements for the party that is without fault. 

Cost Of Divorce

There are many factors that change the cost of divorce proceedings. No divorce is the same and no lawyer’s costs are the same. Filling fees, the complexity of the case, assets obtained during the marriage, your current location, and agreeing on child custody are all reasons your cost of divorce could change. Before you hire a lawyer, make sure that you can pay them and that there aren’t any hidden fees that could trip you up in the long run. 

Children And Assets After A Divorce

Another aspect to consider when choosing between an annulment or divorce is children and your monetary assets. Children of an annulled marriage are still considered legitimate (born to married parents). Some states may have a judge establish the children’s parentage and custody during an annulment. 

Annulments also don’t include the division of property or alimony that would be considered during a divorce. Since the annulment makes the marriage non-existent in the eyes of the law, anything you share as a spouse is not guaranteed to be split during the proceedings.

Services From Kaufman, Nichols, And Kaufman

Filling for an annulment or a divorce is an emotional process. Our experienced lawyers can help you navigate the legal proceedings with ease. Kaufman, Nichols, and Kaufman focus on family law, which includes divorces and annulments in the state of Utah. We represent individuals in Ogden and Weber counties to help them find the best option for their situation. We can help you determine if an annulment is the best way to end your marriage. Contact our team to get started today.

Going to court for a child custody case will involve looking at both parent’s backgrounds, criminal records, employment histories, and other factors that could affect the child’s safety. Each case has unique variables and factors that will affect the custody agreement the judge and plaintiffs agree on. In Utah, the court system will generally do its best to keep both parents as a part of the child’s life, even if one has primary custody and the other has shared. If any parent is deemed unfit by criminal record or living conditions, they may find themselves with limited rights to their child. 

Are All Crimes Viewed The Same In Child Custody?

Each child custody case is unique. However, smaller crimes like non-violent crimes or white-collar crimes are less likely to significantly affect your custody rights. Abuse, drug charges, or other violent offenses are all seen as a sign of danger to the child. These criminal charges, even if you have served your time, will play a part in how the court views your ability to care for children. 

Each crime and the person who committed the crime will be scrutinized by a judge before determining a custody agreement. During custody battles, a judge wants to find a home and environment that is loving and safe for a child. Whether you have a felony or a misdemeanor, the courts will consider them.

Time Since The Crime Has Occurred

Crimes that occurred decades ago may be less likely to affect your child custody. Each judge will look over every crime with a fine tooth comb and observe the parent’s current behavior. If your crime affects your ability to parent effectively, this can change a judge’s decision. 

The time you served and the time since your sentence ended up in the custody case will all be considered in a custody case. If you served your prison time without issues, this can be a good sign for a judge. Time served or time since the crime can be a gray area. Time without repeat offenses can also be another positive step towards more rights for a child. 

Repeating Offenses

Parents who have had multiple criminal offenses could signal to a judge that they are a danger to the child’s well-being. Multiple charges that relate to the same event can also affect your custody case, especially if they are violent or unstable action crimes. Even if repeated offenses are unrelated, this can be a negative mark on your road to child custody. 

How Does A New Partner’s Criminal Record Come Into Effect?

After divorce, partners may move on to other partners or love interests. Although many may think that the child’s biological parents are the only people who affect a child custody case, this is not true. New partners of the bio parents will also play a part in the child custody case. New partners who have criminal records and who will be involved in the child’s life will be looked at before awarding the bio-parent custody or visitation. If a judge or past partner finds evidence of violence, it will be difficult to obtain custody. 

Working With A Divorce And Child Custody Lawyers

Kaufman, Nichols & Kaufman specializes in many areas of family law. Our Utah lawyers help partners navigate divorce proceedings and child custody that often comes with divorce. Our team is focused on protecting your rights and helping you navigate a vulnerable time in your life. Our lawyers are here to help those in the Ogden area navigate a divorce and child custody case safely. Contact our team to find a lawyer that fits your needs.