Utah Recent Legal Answers from Lawyers

The answer depends initially on whether there are any children or not. If there are children, then a divorce can be more complicated and requires more documents to be filed with the court. With or without children, the quickest way is to have one of you work with an attorney (either to represent you or act as a legal counselor or "coach" to assist you in getting everything done correctly) and file the petition, have the other party execute and acceptance of service, appearance, consent and waiver, wait out the waiting period (which might be waived if you want to file the motion and attendant work) and then get all of the final documents filed with the court for the judge' signature. I do offer both types of service (full representation or legal counselor) If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to move your divorce forward. 

David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

You have a number of options. The most direct would be to file with the court asking for a judgment for the amounts he owes (so you can garnish his paycheck), to compel him to pay timely, and to hold him in contempt and award you your attorney fees and costs incurred in filing the motion. Your situation involves factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, call now and let's getting working to protect your interests.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

You appear to be reading 30-3-35 correctly, assuming that there is not anything else in the custody orders or parenting plan that would contradict. But, do review both the orders and parenting plan to see how issues like this are resolved -- who is the tie-breaker. It might be a nice gesture to allow her some other evening if she actually does routinely work Wednesdays (though not necessarily the Friday), just to attempt to keep the peace and show that you are the "good guy" if any future dispute arises. And, make sure you document it via email. If this is just one of many other problems, you might want to look into having a special master appointed.... Read Answer

To the limits of my knowledge, it is possible to perform a paternity test while you are pregnant, but it is dangerous and, at least as far as I know, you are not far enough along -- but do check with your doctor. Plus, absent some real medical problem, I don't think he can force a paternity test until the child is born. I am dubious about his obtaining any court orders so far, as paternity issues are not usually handled by the courts until the child is born. Do you have a copy of that order? I'd love to see it. And, when did he serve you with any papers to obtain any court order? What did you respond as to those papers? It appears that he is causing you stress. Is the stress affecting you and the pregnancy. If it is you might want to see about obtaining a restraining order to limit the amount, and content, of his communications with you. If needed, I may be able to help. If you feel bullied, you need to stand firm and not give in. Again, if you feel that you need help in this, I may be able to help. David R. Hartwig 801-486-1715... Read Answer

Your actual office visits are private, between you and your physcian. You physician should also help you understand that fact. But, do understand that the father may be simply interested or concerned (or controlling). If there are already problems at this early stage, you will need to start looking out for yourself, and not let him get on your nerves and upset you, and hence the baby. Looks like you are going to be facing conflict with the father and if so, you should probably start your plans as to how to handle the birth, and life after birth with the father. It may be best to start know with an attorney to work for you directly, or at least as a legal family law counselor, so that you can understand your rights, and how to protect yourself. Look at http://www.hartwig-law.com/blog/2017/05/divorce-or-custody-issues-is-a-legal-coach-counselor-for-you.shtml. If I can be of any further help, please feel free to contact me directly. David R. Hartwig 801-486-1715... Read Answer

I don't see this as being any sort of a defamation action, rather a contract issue. Your company policies and procedures manual would need to be reviewed, as well as any documents pertaining to your "uplines" to look at that relationship. I'd also need to learn what your position in the company is, and who is making any such decisions. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your interests. 

David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

First, if he is now abusive, you need to protect yourself by going to court to obtain a protective order. There are provisions at court to assist you to file and possibly obtain the initial order for free. Take this step today. Second, it appears that you need to file for a divorce and remove yourself from this person. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

Okay, a child is born to you and the other parent, but the parents were not married. From what you say, there has been no court orders concerning custody. If that is the case, then the father has apparently not declared his parternity and until he does he has no real legal rights concerning the child. Only when a child is born during a marriage is there a presumption concerning who the father is. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig

801-486-1715
drhlaw@ix.netcom.com... Read Answer

You would need to file with the court for custody. I would need to review your guardianship papers, and discuss with you your reasons for seeking custody. Seeking custody might be more involved than simply keeping the guardianship. On the other hand, you might have some very good reasons for seeking custody. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 As you are outside of the Salt Lake area, we can handle the initial, and almost all of the case work, by telephone. Don't wait any longer, give a call and let's getting working to protect your grandchild.
 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

If your father put your step-mother's name on the deeds to any real estate, the will is not controlling anyway. The will controls any property which must go through probate. If your father and step-mother owned the real estate as joint tenants, which is most common for married couples, the real estate is not part of the probate estate, and the will does not govern it anyway. If the titling was not as joint tenants, then probate would be necessary and the will be useful. However, if there is no will, step-mom gets only the first $75000, plus one-half of what's left. The other half wold go to you and any siblings.... Read Answer

That depends on what damages you can prove. If you are in a divorce and receiving such texts you should be getting into court for restraining orders to stop those threats. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 
David R. Hartwig

801-486-1715
drhlaw@ix.netcom.com... Read Answer

A lot depends on what proof you have of your facts, and how long it has been since the original order was entered. You may be able to file to modify the orders, and seek joint custody, but your ex could fight. But whether he might fight or not should not be any reason for you to NOT seek your full custodial rights. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your children.
 
David R. Hartwig

801-486-1715
drhlaw@ix.netcom.com... Read Answer

Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. I f you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working. 

David R. Hartwig

801-486-1715
drhlaw@ix.netcom.com... Read Answer

I am sincerely sorry to hear of your predicament. But before I can even provide any ideas as to how to proceed I'd need to review your file and all of the orders. What you really need to do is get with an assertive family law attorney and make a long-range plan for success; a plan that may include an order to show cause in re contempt and a petition to modify. For background on such severe custodial interference you can review my websitehttp://www.hartwig-law.com/Family-Law/Custody-Visitation-Parent-Time.shtml, my blogs http://www.hartwig-law.com/blog/, and my recent State Bar Journal article, https://www.utahbar.org/wp-content/uploads/2017/05/May_Jun_2017_FINAL.pdf, starting at page 18. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect your children. David R. Hartwig
801-486-1715... Read Answer

Sorry, there is no such "form". Your options for protection depend on the type of information shared, the basis for that sharing, and how or why you shared the information. Depending on what it is, you might be about to file suit to prevent further publication, or if, as you say, you are being blackmailed you might be able to file both civil and criminal charges. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
David R. Hartwig
801-486-1715
... Read Answer

A divorce would be extremely simple in this case, assuming he doesn't fight you. It doesn't matter where you were married, but where you currently reside. If you have lived in Utah for at least the past three months, you can get a Utah divorce. As to an annulment, the lack of "consumation" of the marriage is not one of the grounds listed in statute. Basically what you would need to show is that there was some fraud in entering, or inducing to enter, the marriage. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 If you are ready to get right of that marriage, the let's get moving on the divorce. David R. Hartwig
801-486-1715
... Read Answer

The odds don't matter! What matters is the facts of the case, what he can prove and any defenses you may have. You admit that the two of you are not getting along, which means that joint legal and physical custody is contraindicated -- joint parenting requires cooperation and respect for, and with, the other parent. You have two choices: see about having a special master appointed, or go back to court to review the custody arrangements and see what you can do. For your additional information, I have a number of blogs on high-conflict matters that you can find at http://www.hartwig-law.com/blog/high-conflict/. I also have numerous posts on Facebook and Google about these kinds of matters. As to the special master, I have blogs and posts on my website, http://www.hartwig-law.com/blog/special-master/, as well as Facebook and Google. I have also published an article in the Utah State Bar Journal, Co-parenting with a Non-cooperative Parent; Potential Alternatives to Reduce Conflict, which you can find at https://www.utahbar.org/wp-content/uploads/2017/05/May_Jun_2017_FINAL.pdf, beginning at page 18. So, you do have options available to you. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 Be proactive, start prepaing now. David R. Hartwig
801-486-1715
  ... Read Answer

First, a lot depends on how the petition was delivered to you. Was it sent certified mail, return receipt requested, or regular post? When was it mail. What exactly was contained in the envelope with the petition. What I am looking at here is to see if that act constitutes formal service of the petition. Second, if you were in fact served, you have 30 days in which to file your answer with the court -- if you miss that date, then your husband can win by default. But, before you do, you should consult with an experienced attorney to review the petition and determine your rights in the divorce. How you handle it can be quite easy, you hire an attorney. I have handled a number of divorce, and related cases, for clients who live outside of the United States. As between you and I, we have email to handle documents, and we have telephone to discuss issues and answer questions. Handling such cases is almost as easy as if you lived here. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50 US. As you are outside the US, the initial consultation can be handled by telephone. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
... Read Answer

You do appear to be in a mess. You are married, but I guess not living together, at least that is what I presume based on a claim for child support. There are a lot of facts that you did not provide, such as why you have a child support order against you, the circumstances concerning who is caring for the child and the like. These are factual issues that we need to discuss. I'd also need to review all of the paperwork you have received concerning the child support. We can also discuss your situation in the divorce action; youu did not provide any details on that. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
... Read Answer

These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

This will ultimately be a factual issue. You will need to review your property description from when you purchased the property, and you may need to jointly hire an independent surveyor.   If a contest continues, you will then need to file an action to quiet title. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
... Read Answer