Protecting What Matters: A Guide to Custody and Property Rights During a Divorce
Divorce is an emotional and often overwhelming process, especially when it comes to deciding who gets what—and who gets the kids. In Utah, like many other states, divorce isn’t just the end of a marriage. It’s the beginning of a new chapter in your life, one that often requires navigating complicated decisions about custody and property rights.
Whether you’re considering divorce or already in the process, understanding your rights is key to protecting what matters most—your children, your assets, and your future.
Understanding Custody in Utah: What Are My Rights?
Custody decisions are usually the most challenging part of any divorce, and Utah law prioritizes the best interests of the children involved. It’s important to know that there are two types of custody: legal custody and physical custody.
- Legal Custody: This refers to the right to make important decisions about your child’s upbringing, including education, health care, and religious practices. Utah courts often award joint legal custody, meaning both parents share decision-making responsibilities, unless there is a compelling reason not to.
- Physical Custody: This refers to where the child lives and the day-to-day care they receive. Physical custody can be awarded to one parent (sole custody) or shared between both parents (joint custody).
When determining custody arrangements, Utah courts will consider factors like each parent’s ability to care for the child, the child’s relationship with each parent, and sometimes even the child’s preference, depending on their age and maturity.
Myth: “Mothers Always Get Custody in Utah.”
While it’s true that historically mothers were more likely to be awarded custody, this is no longer the case. Utah courts do not automatically favor mothers over fathers. Instead, the focus is on what is best for the child. If both parents are fit and willing, joint custody is often encouraged to ensure the child maintains a meaningful relationship with both parents.
Example: One of our clients, a father in a joint custody arrangement, initially feared he would lose significant parenting time with his children. With proper legal guidance, we demonstrated his active involvement in his children’s lives, resulting in an equitable custody arrangement that worked for everyone.
Protecting Your Property Rights in a Utah Divorce
Dividing property during a divorce can be complicated, especially if both spouses have contributed to the accumulation of assets. Utah is an equitable distribution state, which means that marital property is divided fairly but not necessarily equally. The court considers various factors to determine what is fair, such as the length of the marriage, each spouse’s financial situation, and contributions to the marriage, including as a homemaker.
It’s important to understand the difference between marital property and separate property:
- Marital Property: Generally, any property acquired during the marriage, regardless of whose name is on the title, is considered marital property and subject to division.
- Separate Property: Property that was owned by one spouse before the marriage or acquired by gift or inheritance during the marriage is typically considered separate property and not subject to division—unless it was commingled with marital property.
Myth: “I’ll Lose Everything in the Divorce.”
One of the biggest fears people have when going through a divorce is losing everything—especially if they weren’t the primary breadwinner. The good news is that Utah law strives for fairness, not punishment. You are entitled to your fair share of the marital assets, and a lawyer can help ensure that your contributions, financial or otherwise, are recognized.
Example: We had a client who was a stay-at-home parent for over a decade. Despite not having a traditional income, we were able to ensure that her contributions to the household and family were fully acknowledged, resulting in a fair division of both assets and debt.
Steps to Protect Your Custody and Property Rights
Here’s a guide on what you can do to protect your rights during a divorce:
1. Keep Track of Important Documents
For both custody and property division, documentation is crucial. Keep detailed records of your involvement with your children, including school activities, medical appointments, and daily care. For property division, gather financial records, including bank statements, mortgage documents, and any other assets acquired during the marriage.
2. Be Proactive About Communication
When it comes to custody, Utah courts want to see that both parents are willing to cooperate for the best interest of the child. Keep communication respectful, and show that you are open to working together with your spouse. This can make a big difference in custody decisions.
3. Avoid Financial Pitfalls
During a divorce, it’s tempting to hide assets or transfer funds to avoid them being divided. Don’t do it! Courts can penalize this behavior, and it can end up costing you more in the long run. Be transparent about your finances and let your attorney guide you through the proper steps.
4. Get Legal Representation Early
One of the best ways to protect your rights is to hire an experienced divorce attorney as early as possible in the process. An attorney can help you negotiate favorable custody terms, ensure a fair division of assets, and provide peace of mind during what can be a very stressful time.
Conclusion: Protect What Matters Most
Divorce is never easy, but understanding your rights can help you protect what matters most—your children and your financial future. Whether you’re fighting for custody or trying to ensure you receive your fair share of the marital assets, having the right legal representation can make all the difference.
At Schriever Law Firm, we understand how emotional and complex divorce can be. We’re here to help you navigate the process, protect your rights, and ensure the best possible outcome for you and your family. Contact us today for a consultation, and let’s discuss how we can support you through this difficult time.