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David R. Hartwig, Esq.
Family Law & Divorce
Attorney & Counselor at Law
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Divorce is a contest

On Behalf of | Aug 25, 2017 | Divorce

You have heard the phrase contested divorce. It points out a salient fact: that in dissolving a marriage, you have to split up everything – the money you saved, the home you made together, even the children you brought into the world.

By its nature, divorce is not easy. Even when your ex remains your friend, even when you have gone to great lengths to have the divorce be amicable – there’s still that sense that you don’t want to be cheated, that you want what you want. It’s only natural.

Even uncontested divorces become tough when you realize there are assets you did not think to put on the list, or when your idea of parenting time and your soon-to-be-ex’s idea are completely different ideas.

Keeping cool through the heated battle

And so you try threading the needle – going after the things that are important to you, and applying the pressure to do that, without it erupting into divorce war. It takes knowledge of the law and of the millions of relevant precedents – and an attitude of confidence and assertiveness.

This is where lawyers earn their fees. We handle the contest part, the heated battle, while you keep your cool, thinking about the new break you are making, about the opportunities and freedom heading your way.

In short, you need a lawyer who is empathetic to your needs, and not quite so empathetic to your partner’s.

When you prepare for divorce, admit that it’s a contest. And – because your future happiness depends on it – don’t lose.

I am David R. Hartwig, Esq., a Salt Lake City attorney with extensive experience helping parents resolve simple or high-conflict custody issues reaching arrangements that work for children and parents. Child custody involves parent-time and visitation schedules, and can affect support. I help in all of these areas, providing comprehensive service clients need to achieve their custody goals.

Factors In Child Custody Decisions

As an experienced Utah child custody lawyer, I understand that custody cases may become a contentious issue even years after an order is finalized. The trend in Utah toward joint custody often creates messy, unworkable situations, which ultimately lead to enforcement issues when parents do not abide by their custody orders.

The best interests of the child must be considered, including:

• Whether joint legal or physical custody will benefit the child’s physical, psychological and emotional needs, or the child’s development

• The parents’ ability to give first priority to the child’s welfare, and reach shared decisions in the child’s best interest

• Whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent

• Whether both parents participated in raising the child before the divorce

• The distance between the parents’ homes

• The parents’ maturity and their willingness and ability to protect the child from conflict that may arise between the parents

• The parents’ ability to cooperate with each other and make decisions jointly

• Any history of, or potential for, child abuse, spouse abuse, or kidnapping

• Any other factors the court finds relevant

Despite the complicated and sensitive nature of custody matters, I have helped many clients successfully establish custody orders.

Get Help With Your Child Custody Issue

If you have a child custody issue, please contact me, David R. Hartwig, Esq. I am an experienced Salt Lake City custody lawyer dedicated to helping clients resolve complex custody issues and implement necessary custody orders. For high-conflict cases, I am also one of the few Utah child custody modification attorneys trained as a Special Master for ongoing dispute resolution.

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