Stephen J. Buhler, Attorney at Law

December 2014 Archives

The divorce of a Utah marriage and the U.S. Census

Marriage has long been touted as the cornerstone of American society, including in Utah. The equation usually goes a strong family helps make strong individuals, which helps make a strong society. Sixty or 70 years ago, when marriage rates were up and divorce rates down, the saying likely meant more than it does today. In today's society, just as many couples divorce as marriage, a ratio that may soon tip in divorce's favor. Part of the reason we know so much about divorce and marriage rates is through the U.S. Census.

Sometimes you need a Utah attorney, sometimes you don't

Couples seeking a divorce in Utah are under no obligation to hire an attorney to complete their divorce. The first sentence of Utah court's divorce page says as much. However, attorneys can offer more to their clients than hashing out disagreements or filling out forms. Thankfully, not every divorce needs an attorney or two.

Parent's rights vs judge's orders: who comes out on top?

In any custody or support case involving children there is one over-arching legal theory that is always applied. Where the case is about one parent seeking sole custody or a step-parent seeking to adopt their step-child courts will always looking to what is in the best interest of the child even when that goes against a parent's inherit right to raise their child.

Prenuptial agreements

Prenuptial agreements are often used as a legally viable way of dividing property before a couple walks down the aisle and says "I do." Utah has validated the use of prenuptial agreements by enacting the Uniform Premarital Agreement Act. Unlike most other legal contracts, a prenuptial agreement does not have to involve consideration in order to be valid and enforceable.

Change in marriage laws open doors for new foster families

Adoption, when done right, is one of the few transactions in this world that benefits everyone involved. While the process may be grueling, the end results are worth it for an overwhelming number of those who have gone through the process. There are few federal laws that govern the adoption process and even fewer that govern what happens after an adoption has been finalized. For this reason, states are the main entities that govern the adoption process. In Utah, adoption laws have recently changed after a string of court battles have played out in support of the rights of same sex couples.

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