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Important Property Division Vocabulary

The time has come. You and your spouse have decided that divorce is the best option for you and your family. The first step is getting the paperwork started to begin your divorce proceedings. Divorce in Utah is not taken lightly. Utah requires that you take a year of separation before the divorce is approved by the courts. The state also suggests that you confer with a mediator to avoid having to go to court. If this is your first divorce then all this is so new to you. Unlike marriage, there aren’t many movies or popular books that describe divorce proceedings. Instead, we usually skip to the happy ending or more or less the happy beginning. Entertainment doesn’t prepare us for a divorce situation.

So, let our Asset & Property Division Attorney at Emy A. Cordano, Attorney At Law, in Salt Lake City are here to help you better understand your options. We know that you have lots of questions and concerns. Our professional staff at Emy A. Cordano, Attorney At Law, are ready to sit by your side. We know how scary it may feel to separate from first love. However, we don’t want your fear to paralyze your decision-making skills. To better prepare you for the property division stage of your divorce, here are some vocabulary words to consider:

  • Equitable: Utah believes in “equitable” distribution. This does not mean equal. Instead, it means fair. Fair, however, is relative to whoever is losing the property. Even though most marriages will end with a 50/50 split, there are certain occasions and scenarios where one person may require more than the other.
  • Non-marital Property: Before you were married you may have had property. If it was not purchased during the marriage then it is not considered marital property.
  • Marital Property: While you were together you may have accrued lots of things. If you were married for a long time then the courts will try to make a 50/50 divide. If you were married for a short time then the courts will do their best to put the man where he was before the marriage as well as put the woman where she was before the marriage. Again, it is as much about fairness as it is an entitlement. However, if you are very particular about some marital property then you may have to deal with a more contentious divide.
  • Premarital Agreement: Any premarital contract that was created before the marriage becomes active during the marriage. A valid premarital agreement will be honored, however, it cannot cover child support, child care insurance, or child care expenses.

Other such concepts can be discovered and discussed when you make an appointment to meet with our Asset & Property Division Attorney at Emy A. Cordano, Attorney at Law in Salt Lake City. Call (801) 901-8159 or click here to start your journey with us today. We are ready to represent you with the best resources and experience to make sure you are getting treated fairly.

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