Having handled thousands of divorce, paternity actions and other such cases I have come to realize just how important legally binding the other party with no open ended loopholes. For example: parties agree that "the marital home has to be sold and divide the equity" and that is the language. It leaves to us attorneys every imaginable loophole for arguing: nobody said when it was sold by or what happens next, who picks the price, who picks the realtor, if doesn't sell then who adjusts the price, what if one party improved home during this period should they be reimbursed the fix up costs, and on and on.
Imagine the damage a decent attorney could do if that was the extent of the language when dealing with custody, parent-time and other such issues. If you can't stand to stay together that is a good indicator that you have different ideas that, if not present now, will be when each gets a new spouse or significant other. Whether it is setting up a system for discussing medical bills or health care concerns to how to decide who gets to claim Junior for taxes. This is the perfect storm when it comes to assuming; you truly will make an a_ _ out of you and me by doing this. Like my father always said when I worked with him: "ANTICIPATE." Yet one more reason to have the best evidence for communication in your Decree of Divorce be ordered through www.utahcustody.com so these issues get cleared up and the TimeSwap feature can contractually bind you to any little add ons you agree to as times and circumstances change. Good luck.
Monday, February 25, 2008
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