Stephen J. Buhler, Attorney at Law

Are you being treated fairly in your divorce?

One of the fundamental principles of the legal system is fairness. This is especially true when Salt Lake City residents are going through a divorce, as Utah's laws seek to divide property equitably between the spouses.

Recently, this blog discussed how the principle of fairness applies on both sides of the same coin. Namely, while the couple's property will be divided equitably in the divorce, so too will the couple's debt that has accumulated during the marriage.

Disputes can arise in the process of property division and debt division, for any number of reasons. For example, one individual may claim that certain property was owned by himself or herself before the marriage, or that it was acquired separately by that person. Likewise, an individual may assert that he or she should not be responsible for the other side's debt.

These issues are not always easy to resolve. Property might have been purchased separately, for instance, but then shared between the spouses at a later point. In other cases, one spouse may have taken out debt in his or her name, but the debt could then be used for the benefit of both spouses. Accordingly, the answer of how the court will divide the property and debt will depend on the facts and circumstances of each case.

Our firm has substantial experience in helping our clients through the process of property and debt division. We have investigated the facts and circumstances of how property and debt was treated by the parties both before and during the marriage in many cases. By understanding our client's needs and what is provided for under Utah law, we have put in place strategies to help our clients obtain equity in their divorces. For more information on property division, please visit our divorce webpage.

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