Property Division and Child Custody in a Utah Divorce
Equitable distribution of property occurs when a married couple files for a divorce in Utah. If the two parties are not able to agree on the how the assets of the marriage are going to be divided, the court will decide how the property is divided between the couple. As far as child custody, both parents need to work on a visitation and custody arrangement that is in the best interest of the children.
What Equitable Distribution Means
While in some states marital property is divided in half, Utah divides marital property equitably. This means that the court can use discretion when dividing up marital property so that it is fair to both parties in the divorce. For example, if one party makes far less money, the court may decide that more of the property should belong to them in order for the divorce to have a similar financial impact on both parties.
How Child Custody is Decided
When you share children with another party, the children need to come first. If both parents are able and willing to care for the children, custody should be shared equally. Shared physical and legal custody with a parenting schedule of equal time is generally in the best interest of the children. When two parties can't agree on custody, this will leave custody decisions up to the court.
If one party is not able to care for the children or agrees to modest visitation only, custody can still be shared. It is important to remember that any custody arrangements made at the beginning of a divorce are hard to change once the divorce is final.
When you are not satisfied with the property or child custody arrangement your former spouse is offering, it's time to work with an attorney who can help you get what you deserve.