Utah Recent Legal Answers from Lawyers

I am sorry to hear about your experience. You may have a case, but it depends on against whom you wish to prosecute the case. Also, as you are separated, if you are divorcing your husband's conduct may be pertinent to your divorce action. 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

I am sorry to hear about your problems, but I glad that you found a firm to help you settle the matter. On what little proof you have provided, I am not in a position to address whether there was malpractice. I'd have to review all of the related documents (their retainer agreement, their billing statements, their records and yours concerning communications, and their termination documents). As to their lien, and their financial claims, you may have options to attempt to defeat that lien. Again, I need to review the retainer agreement, their billing statements and the like. 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

You are liable under the lease to pay rent. The fact that the house may be in foreclosure does not change that fact. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 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
drhlaw@ix.netcom.com... Read Answer

Sounds like you are in a real mess. You may have the basis for conversion on the personal property, and some other options. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office -- but do remember that Monday is a holiday.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

In general, if one works hard and gets everything together timely, one can obtain a temporary order in about 4 weeks or so. I have no understanding as to why you do not have any temporary orders in place. You need support and some sort of temporary custody orders. I certainly hope that your pleadings reflect your desire to avoid 50/50 custody as well. It is my opinion that clients are always entitled to a second opinion if they don't feel the are getting answers from their current attorney. It is also my policy to aways get back to my clients within one business day. Check out http://www.hartwig-law.com/blog/2016/11/does-your-divorce-attorney-return-you-calls-or-explain-things-be-proactive.shtml  You may also want to read http://www.hartwig-law.com/blog/2017/02/strategy-and-aggression-in-divorce.shtml These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office -- but, do remember that Monday is a holiday.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

I need to review your divorce decree to see what it says on this subject. That document will control. From there, I'd need to review your email and text communications.   These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 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
drhlaw@ix.netcom.com... Read Answer

I am not at all sure what you are seeking as you are jumping around from property to damages to a trustee. If there is a trust involved or property, I need to review the documents. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 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
drhlaw@ix.netcom.com... Read Answer

That all depends on exactly how she is accessing those payments. And, if you are separated, you probably should be moving forward for a divorce or legal separation. Doing so could help you on your issue. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 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
drhlaw@ix.netcom.com... Read Answer

Wow, you certainly are in a difficult and stressful position. I may well be able to help you. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 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
drhlaw@ix.netcom.com... Read Answer

You say your "ex", so I presume you are divorced. Doesn't the divorce decree say anything about custody? From what you say, the child and mother are in Wyoming, and have never resided in Utah. If that is correct, you need a Wyoming attorney. If I am in error on any of these presumptions, let me know.... Read Answer

Depending on the facts, such as is the agency registered in Utah, it may be legal. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 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

Depending on the exact terms of your decree, yes you have some options that include holding your ex in contempt and being awarded your attorney fees for having to bring the motion. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 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

Good question. As it pertains to Utah law, I can find no authority in the Utah Code that requires a divorced parent to provide his/her ex-spouse with his/her address or with notice any time he/she changes addresses. You may hear someone quote this section of the Utah Code or show this section: 30-3-33. Advisory guidelines.... Read Answer

At the outset, I need clarification. You mention trial, but then you complain that you have not seen your children for two years under the temporary orders. This does make a difference to you main question. Has the divorce been finalized? If so, when? The reason I am going there is to see if there might be an avenue to correct the wrongs before looking at malpractice. As to the potential malpractice, yes it sounds like you may have a case, depending on the exact facts and the damages you suffered. Those damages could include any attorney fees incurred in fixing the situation, if it can be fixed as I noted above. For general information on malpractice, please see http://www.hartwig-law.com/Legal-Malpractice.shtml These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 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

I am sorry to hear about your situation, It is difficult to deal with drinking, and raising children including an autistic child. In my opinion, you should face your problems now, make a plan as to your future, and start taking steps toward that future now. Delay may only exacerbate the situation. Filing now is an option, one that I would recommend as Utah already has jurisdiction to handle the divorce and address child custody issues and support issues. If you want more detailed information, please go to http://www.hartwig-law.com/Family-Law/Divorce-Mediation.shtml, and http://www.hartwig-law.com/Family-Law/Custody-Visitation-Parent-Time.shtml These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office, but do understand that Monday is a holiday and my office is closed.
 David R. Hartwig
801-486-1715... Read Answer

You put this under the topic of child custody, but you do not say what it pending, or what is going on. If you are correct that your prior attorney did "nothing", then you should not be billed for having received no work. You may want to have that person's billing statements reviewed for correctness.  ... Read Answer

What does the decree say about who was awarded the vehicle? Was it awarded to you? If so, have you transferred the title to your name? Also, is there a restraining order in the decree to prevent such threats and inappropriate communications? If all of that is in place, then you may be able to take your ex back to court to hold the person in contempt for violating the decree, and the court may also award you your attorney fees for the motion.  If you are interested in pursuing the matter further, I off an initial 1/2 hour consultation without charge. If you want to set an appointment for the inititial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
... Read Answer

First off, you are asking about Wyoming law. I am not licensed in Wyoming. Is there any particular reason why you want to set things up in Wyoming? Second, putting everything into one entity does not protect everything because, if the entity is sued, then everything in that entity is subject to any liability in that suit. Third, the LLC would have to be run as some sort of business, with all of the appropriate filings and meetings. If not strictly complied with, a creditor could attempt to pierce the corporate veil and go after assets. You really need to work with someone to fully review your assets and risks. Then work to figure out the best options available.... Read Answer