Navigating a Gray Divorce

Our law firm represents people going through divorce on their way to a new future. Some have been married four years or less, and some forty years or more. In the United States, while the average divorce rate is leveling off, the divorce rate for couples over 50 doubled between 1990 and 2009.

Consider these facts from a National Center for Family and Marriage Research study focused on divorce at midlife:

• In 2009, one in four divorces involved persons 50 years of age or older.
• Marital biography affects the divorce rate. Remarriages are more likely to end in divorce.
• Increased life expectancy may fuel a desire for greater satisfaction in intimate and personal relationships.

While issues of divorce are similar for all couples, the impact of divorce at 55 is different than it is at 25. If you are over age 50, it is critical that your divorce lawyer achieves financial results that enable you to maintain your quality of life through retirement.

Here are tips for navigating later-life divorce:

• Retaining wealth is key. Our skilled mediation lawyers help you and your spouse make equitable agreements that will help you keep money in your pockets. Alternatively, when we represent you individually, we have the resources and tenacity to discover, and properly value, complicated or hidden assets, in order to ensure your fair share.
• Later in life, children are older, and child custody and child support disputes may be over — but different child-related issues arise. We craft fair and clear prenuptial agreements, to ensure the proper transfer of property or possessions to your children, in the case of remarriage.

Important Things to Know About Residency Requirements for Divorce

When you begin the divorce process, you must understand the rules about where you can file your papers and which court has jurisdiction over your case. These are known as residency requirements.

Before you can file, you must satisfy the basic legal requirement that either you or your spouse have a residence or domicile in that state. The concept of “residence” is simple — it just means that either you or your spouse have been present in the state for a certain amount of time.

“Domicile” is slightly more complicated. More than just being present in the state for a certain period, either you or your spouse must have a permanent, single home in the filing state. To establish domicile, courts consider factors such as where an individual works, votes, banks, has a registered vehicle and where his or her children attend school (if applicable)

Even if you are not able to establish domicile, there is a good chance you will still be able to file for divorce if you meet the residency requirements of the state.

Filing Divorce Paperwork

When you are ready to file, you will submit the required paperwork in the state where either one or both of you can establish residency or domicile. If you can establish residency or domicile in multiple states, then you have the option to file for divorce in any of them. In this scenario, it is important to consult with a divorce lawyer about where you are most likely to get a favorable outcome.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Michael Anderson

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.

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