A common question in beginning divorce proceedings is this: “How do I pick a good divorce lawyer?”

While a “good” divorce lawyer is subjective and will be different for everyone, there are a few questions that you can ask yourself in order to find the right divorce attorney for you.

The first question you should ask yourself is: “Should I be looking for divorce lawyers near me?”

The answer to this question might seem obvious, but there are a couple of caveats. You may not need your divorce attorney to have an office that is extremely close to where you work or live. Ideally, the lawyer you choose will have an office within driving distance of you. However, hiring an attorney that’s really close to where you live could be of detriment to you if you live far away from where your divorce case will actually be heard.

For example, if you live in City A, but your divorce case will be heard at the courthouse in City B and City B is 4 hours away, you may want to consider hiring an attorney in City B so that you won’t be billed for unnecessary travel costs.  Alternatively, if you hire an attorney whose office is far away from where your case will be heard, you may incur additional costs because your attorney will need to travel to you for the hearings.

A question that men might ask is, “should I be looking at divorce lawyers for men?”

Generally, you don’t need to look for attorneys that are gender specific, unless you have a preference. Whatever attorney you hire will do the best job they can in providing you with the desired outcome of your case.

Thirdly, you may have heard of a term called “collaborative divorce”.

If you’re wondering if you should hire a collaborative lawyer, it helps to know that a “collaborative divorce” is when both spouses hire their own attorneys and agree to work out the terms of their divorce without taking their issues to court. Essentially, both parties agree to work together to resolve the issues that come up in the divorce process.

Ultimately, you should do your research and hire an attorney that you feel comfortable in working with. For additional questions, you can review our common questions webpage here.

Call or text Intermountain Legal for a $75 family law consultation at 801-990-4200.

Attorney fees and expenses can quickly accumulate to overwhelming amounts in contested divorce cases. Each week, Inetermountain Legal will provide you with a tip on how to reduce the cost of your divorce.

TIP #1.      GET A HANDLE ON YOUR FINANCIAL SITUATION BEFORE FILING FOR DIVORCE.

In Utah, marital property and debts are generally distributed equally between the parties.  Resolving property issues should not be difficult.  However, sorting through financial records can be one of the mosttime-consuming steps of the divorce process.  This is particularly true where one or both parties came into the marriage with substantial premarital assets.  Accounting may also be difficult where one party has been primarily responsible for finances, leaving the other party in the dark about what assets and debts have been accrued.

To streamline your divorce and limit the time you will spend conducting discovery, you should learn as much as possible about your financial situation before filing.  Run a credit report on yourself.  Collect your most recent statements from bank accounts, retirement accounts and credit card accounts.  Open the bills and mortgage statements that are delivered to your home.  Make separate files for marital property and separate property.

If possible, minimize the number of joint debts, assets and expenses you share with your spouse.  Pay off joint credit cards.  Open your own separate checking and savings accounts.  Take half of the money from joint accounts and then stop using those joint accounts.  Take your spouse’s name off the loan for your vehicle.  If you are worried about alimony, limit the amount of money you contribute to your spouse’s expenses and debts.

The family law team at Intermountain Legal is experienced in discovering financial assets.  Our family law attorney, Hailey Black, can advise you on the issues and options that relate to your unique case and your specific set of financial circumstances.  If the financial issues in your case seem overwhelming, contact Intermountain Legal for a free divorce consultation.

When Ashton Kutcher filed for divorce from Demi Moore, he sought only an equitable division of marital property.  Moore has now responded with a request for alimony and attorney fees.

My review of the parties’ divorce papers (provided by TMZ and Radar Online) revealed virtually nothing.  California’s divorce forms require little specificity. Both parties requested a division of community property but failed to provide the court with a list of assets.  Moore’s papers include a request for alimony and attorney fees but do not include specific amounts.  Nonetheless, Moore’s request for support has garneredthe attention of Hollywood reporters and critics.

Rumor has it that Moore is seeking alimony to compensate her for the emotional harm she suffered as a result of Kutcher’s affair with a younger woman.  However, like Utah, California law does not provide for an award of alimony on grounds of adultery.   The law focuses on the financial need of the party seeking support and the ability of the other party to pay support.

It is hard to believe that Moore has a need for financial support.  Moore has enjoyed major Hollywood acting roles in movies such as “A Few Good Men,” “Ghost” and “G.I. Jane.”  She is an expensive actress.  According to IMDB.com she earned more than $12 million for her role in “Striptease.”  She was also awarded a rumored $90 million in her prior divorce from Bruce Willis.  Reports estimate Moore’s net worth at $150 million and Kutcher’s net worth at $140 million.

Notwithstanding her past success, Moore is likely to receive a generous portion of Kutcher’s estate.  The reason: Kutcher’s wealth was accumulated during the marriage, while Moore’s was not.

California is a community property state, which means that each party is entitled to half of any assets acquired during the marriage.   Moore secured most of her major acting roles in the mid-90s.  She has secured an endorsement with Ann Taylor, but most of the income Moore received during her marriage to Kutcher came from residuals for past work.  Since the majority of Moore’s wealth was acquired prior to 2005, only a small portion of her estate will be deemed community property.

Kutcher, on the other hand, earned his highest salaries during his marriage to Moore.  Kutcher’s career is at its peak.  He has secured numerous television and movie roles since 2005 and has invested his profits in technology companies.   According to Forbes, at $24 million per year, Kutcher is today’s highest paid television actor.  Since much of Kutcher’s wealth was acquired during his marriage to Moore, his estate will largely be deemed community property, subject to equal division between the parties.

Regardless of whether Moore receives alimony or is awarded half of the couple’s community property, she will likely receive a sizable settlement from Mr. Kutcher.