The Salt Lake City divorce attorneys at Henriksen & Henriksen pride themselves on staying up to date on developments in Utah case law. Some recent cases from the Utah Court of Appeals concerning divorce cases show the importance of having a good attorney on your family law case.
In the case of Redden v. Redden, 2020 UT App 22, a trial court was held to have exceeded its discretion when failing to adequately consider the responsibility for student and vehicle loans and the impact that responsibility would have on an alimony ruling in the case. In Utah, a court must consider several factors when determining alimony in light of the standard of living present in the marriage, including; the financial condition, needs, and earning capacity of the spouse receiving alimony and the ability of the spouse paying alimony to provide that support. It is very important in alimony cases to provide a trial court the basis and evidence necessary to appropriately determine your financial abilities and needs.
Avoid Costly Mistakes
In the case of Peck v. Peck, 2020 UT App 14, an attorney made a mistake when approving, instead of objecting, to the entry of a Qualified Domestic Relations Order (QDRO) which had the length of the marriage allegedly listed incorrectly in that document. Rule 60 of the Utah Rules of Civil Procedure covers mistakes made in Court orders but has identified reasons and timing requirements to ask for relief from an order. Attention to detail in court orders is vitally important to ensure the accuracy of the order and avoid more litigation if something is wrong.
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