DivorceMag: Utah FAQs

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Frequently Asked Questions About Divorce

"I supported my wife through medical school, and now she is a successful plastic surgeon. Am I entitled to a share of her practice?"

Divorce lawyer David Shebby answers: "Depending upon the specific circumstances of your marriage and what happens to the practice in the interval between separation and trial, the medical practice might be valued on the date of trial, the date of separation, or in a hybrid manner that the court believes is equitable. Unfortunately, if this is a new practice and your wife has not yet had the opportunity to develop professional goodwill, the value of her medical practice may not be substantial. We will most likely retain the services of a forensic accountant to assist the court in properly valuing the practice..."

"What are your tips for finding the best divorce lawyer?"

Divorce attorney Stacy Phillips answers: "Finding the best divorce lawyer is a two-pronged answer. First, you want to find a divorce attorney with whom you have a good rapport. The old adage, "Different strokes for different folks", certainly applies here. For instance, do you want an attorney who takes complete control of your circumstances and case, one that makes decisions for you? Or do you want a lawyer that forms more of a partnership with you? Answering this question is very important before you begin to inquire about the reputation of the divorce attorney whom you are about to hire. Once you get a sense of what type of approach you want your lawyer to take, seek the counsel of your trusted advisors, such as your CPA, your business attorney, or your therapist..."

"My lawyer tells me I'm eligible for spousal support, but I feel so guilty about my affair that I'm not sure I want to take money from my husband. What should I do?"

Divorce attorney-mediator Mari Frank answers: "Guilt is an emotion that you must learn to release, since it can't change the past. It is self-anger and will manifest in blame and more pain. Any guilt you feel is normal under the circumstances, but you must separate that issue from your financial issues in divorce. Learning to forgive yourself and genuinely apologizing to those you hurt will help you to grow in the process.

First, to help you see more clearly, realize that if you had an affair, your needs were not getting met in the marriage and the affair was a symptom, not the cause of the challenges. That is not to say that it wasn't hurtful to your spouse, your family, or yourself, but you need to understand the affair. If all was well at home, you would not have likely gotten involved with someone else..."

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