Elmer McDuffy: Effects of Divorce on Children

I know that divorce is emotionally devastating for all parties involved because I’m a divorce lawyer. But things can be especially children. However, you can minimize the pain divorce causes your family by doing the following:

Cooperate for the sake of your children. Your partnership as a married couple may have ended, but your partnership as parents who love your children must remain. Show your children they are your top priority by putting past resentments aside and cooperating with your ex-spouse.
Never let money interfere with parenting. Never take your frustration over financial issues with your ex-spouse out on your children.
Never badmouth your ex-spouse in front of your children. Your issues with your ex-spouse should be yours alone. You should let your children learn to love each parent equally. If you badmouth your ex-spouse, you force your children to choose sides and this can make them feel uncomfortable and conflicted.
Respect the privacy of your ex-spouse. You should never use your children as spies to obtain information on what your ex-spouse is doing.
Seek family counseling. You should look into divorce and family counseling programs. Sometimes children appear to fine when really they are deeply upset and need help opening up.
Visitation from the noncustodial parent. Children should always receive constant love and support from both parents. If you are the noncustodial parent, work with your ex-spouse to create a visitation schedule that allows you to spend time with your children.

A knowledgeable attorney like one at Ascent Law can guide you throughout the divorce process and protect your best interests.

Is There Common Law Divorce in Utah?

Common law marriage is the concept of a couple living together for a certain amount of time and thereby automatically gaining status as a married couple. While some states recognize common law marriages, Utah is not one of them. In Utah, a couple must take measures to legally wed in a civil proceeding or church ceremony in order to achieve married status.

As couples may not simply live together for a period of time and attain a marriage in Utah, a married couple also may not simply live apart for a period of time in order to attain a divorce. While some states do allow this, in Utah a couple must first enter into a valid separation agreement. In fact, for a long time, divorcing after one year of legal separation was the only path Utah couples could take to achieve a no-fault divorce. Since 2010, however, the state has granted divorces on no-fault grounds. Today, the following grounds for divorce in Utah are accepted:

Irretrievable breakdown — This is the relatively new no-fault basis for divorce. The couple must allege that for at least six months prior to filing, their marriage has broken down irretrievably. They do not have to live apart for that time period.
Cruel or inhuman treatment — A fault-based ground that alleges physical, emotional or verbal abuse by one spouse.
Abandonment — A fault-based ground alleging abandonment for at least one year
Incarceration — A fault-based ground that is valid if one spouse is in jail or prison for three or more consecutive years
Adultery — A fault-based ground alleging infidelity by one spouse. Adultery can be difficult to prove in court, and requires testimony from a third party or evidence to support the allegation.
Divorce following legal separation — While this is closest to the concept of common law divorce, couples in Long Island and throughout Utah must first obtain a legal separation agreement.

Divorce Attorney Free Consultation

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.