Divorce & Custody Law

Divorce is a difficult decision as the process can be complex, stressful, and even scary. The divorce law attorneys at Jason White & Associates in Provo, Utah are experts in dealing with all aspects of divorce. Our team of lawyers work on your case together from our initial consultation to the final resolution. At Jason White & Associates our team is known for our ability to help our clients through this difficult time in their lives and to reach the best outcome for each family, individual, or couple.

What is Divorce?

Divorce is the termination of a legal marriage. Divorce can be more complex than many anticipate due to complicated financial situations, child custody, drug abuse, domestic violence, and other factors that make having an experienced legal team on your side essential to a lasting resolution. Our team at Jason White & Associates is experienced and ready to guide you through this difficult process no matter the circumstances of your individual case. Our attorneys are skilled negotiators and advocates capable of both working out an agreement for divorce or taking your case to trial.

How are Property and Assets Divided?

Marital property is usually divided equitably. Marital property includes all property, cash, retirement or pensions, real property, investments, businesses, or other valuable assets that are acquired during the marriage. Marital debts are also divided equitably in divorce. Marital debts include most capital and financial responsibilities (debts) that were acquired during the marriage. It usually will not matter whether the asset or financial responsibility is under the name of one spouse or both.

Marital property does not include gifts, inheritance, or premarital property that has not been commingled with marital property. Once non-marital property has been mixed with marital property it is often difficult to separate the property, and it ends up being treated as marital property.

What is a Prenuptial Agreement?

A prenuptial agreement (prenup) is a standard, modern legal step taken before getting married. It establishes the property and financial rights of both spouses in the event of a divorce. Prenups are used to defend assets, businesses, avoid taking on the other party’s debt, bring forth financial accountabilities, regulate how the property will be passed upon death and evade long, costly divorce disputes. Whether you want to protect your property or your children, a prenup can be useful in establishing some aspects of a possible divorce proceeding in the future. Our lawyers are experienced and able to help you draft a prenuptial agreement or to review one that your significant other has requested you to sign prior to marriage.

What is Alimony?

Alimony is a monthly spousal assistance payment made by one spouse to another in accordance with a payment or court arrangement. Alimony is given to correct any unfair economic circumstances caused to one spouse by a divorce. Such circumstances include where one spouse was a non-wage-earning or lower-wage-earning during the marriage. Alimony is decided by the financial circumstances of each spouse, the standard of living during the marriage, the length of the marriage, and the capability of the supporting spouse to support him or herself while paying alimony. In Utah, Alimony can be ordered for up to the length of a marriage. Alimony terminates upon the remarriage or cohabitation of the recipient, or upon the death of either party.

What about Custody and Parent Time?

Divorce often involves minor children. Every divorce with minor children will address legal custody and physical custody. Legal custody generally refers to a parent’s right to make choices concerning a child’s education, elective healthcare and religion. Physical custody is determined by the number of overnights the minor children spend with each parent every year. Each parent’s time with the minor children is referred to as parent time. Parent time impacts the calculation for child support. Joint physical custody does not necessarily mean 50/50 but includes variety of parent-time schedules with a varying number of overnights each year.

How is Child Support Determined?

Child support is a predetermined sum of money that is typically paid by one parent to the other for the support and care of their child(ren). Child support is decided based on each parent’s gross monthly income, the number of children involved, and the number of overnights each parent has with the child(ren). The court uses a formula, based upon Utah Child Support Guidelines, to calculate and allocate child support. Child support is nonnegotiable and determined based on the Utah Child Support Guidelines regardless of any agreement made by the parents.

Contact Jason White & Associates today at 801-477-1546 to discuss the details of your divorce.