Utah Recent Legal Answers from Lawyers

Yes, you just might owe her something. Without a full financial review and declaration, as required in a divorce, one cannot really answer your questions.  The best thing you can do is get with an experienced family law attorney who handles actual litigation to review your facts and documents.... Read Answer

What are you asking? Are you in a divorce or filing for one? If so, marital property is subject to division in the divorce without regard to whose name it is in. You want to change the beneficiary on what?  The best thing you can do is get with an experienced family law attorney who handles actual litigation to review your facts and documents.... Read Answer

The simple answer is no. His accounts are his accounts. You only have rights to information on accounts upon which your name appears. To challenge that situation, you can either file for a divorce or legal separation. If you go down that road,  you need to get with an aggressive family law attorney who has experience with divorce, hiding assets and difficult cases. I know what these cases are like, having handled a number. Do your online research and get moving forward. Please understand that this site does not allow us to recommend any attorney or firm.... Read Answer

In my opinion, your next step is to get with an experienced family law attorney to review the documents, identify the issues and see what your position is on those issues, make a plan, and then file an answer and possibly a counterclaim. Your situation involves  factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer 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.
 And remember, you only have 21 days to file an answer or risk loosing everything by default. 
David R. Hartwig

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

From what you say, your girlfriend is talking about filing in Pennsylvania. If that is the case then you need to direct your questions to attorneys over there. But, if you are here and she is your girlfriend, is she living here in Utah? If so, she could file here for divorce and I'd be able to advise you, and her. Let me know. David R. Hartwig drhlaw@ix.netcom.com... Read Answer

You will need to be appinted the child's guardian by the court. Be aware that the child's father may dispute this action, so you need to be properly prepared with counsel. Your situation involves factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer 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 child.
 
David R. Hartwig

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

A lot depends on exactly why you are going to court tomorrow. Hopefully it is not for actual trial. You need to appear and tell the judge that you want a continuance to find new counsel. You need to simply be bold, and be prepared to state the reasons for your conflict with your current counsel. What is important here is your case for custody, not your attorney's feelings! So, be prepared to state, in detail, the problems with your attorney if the judge wants to know. You can always ask the judge to make sure that your complaints about counsel are off the record, and that opposing counsel cannot somehow use your statements against you in the future. You will then need to get moving very quickly to hire new counsel, as the judge may not give you long to find a new attorney. Your custody case  involves major factual and procedural issues, which will need to be quickly reviewed and evaluated. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer 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, tell the judge what your problems are, get and extension of time, and give a call. Let's getting working to protect your children.
 
David R. Hartwig

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

The bottom-line question here isi whether the seller knew of the outstanding bill. Based on what you say, and if everything is in line and can be proved, the seller would most likely be responsible for the debt. Your situation involves  factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer 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

My question is, have you actually been suspended? From what you say, you have been. As such, I don't see any wrongful comment, the comment is in fact true. As such, I don't see defamation. Now, if there is something in your personnel policy about not disemminating such information, you might have a basis for invasion of privacy, public ridicule, or the like. 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 offer 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

Hey Randi, viewing child porn is a problem and you can benefit in child custody matter by brining it up in court. It is best to work with a Family Law specialist so Feel free to contact my office and speak with a case manager at 1 877-866-8665 or email help@smsattorneys.com to go over your options. Licensed in New York and New Jersey.... Read Answer

If you cannot settle this issue by simple agreement, with the appropriate filings with the county recorder, you will need to file suit to quiet title on your property.   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 offer 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

You don't say how long you have lived in Utah. If you have resided here for at least three months, yes you can file for divorce. Your situation involves major factual and procedural issues, such things as real property, and the like. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer 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

From what you say, your support order is only through the state's office of recovery services, and not through the courts where you have a court ordered support. That makes life very difficult, and ORS does not often actively pursue cases. If you open a case on Colorado, they will simply move over to Utah's case. It may not be helpful. What kind of case is it?... Read Answer

There are preferences for "joint custody" which may not be best in your case. As such, you need to prepare to vigorously assert your custody claims and concerns to do what truly is in the child's best interests. You are wise to work to prepare. Documentation that may be of value includes copies of all documents concern the 3 detox, whatever you have on the DUI and lost job. The courts say that the standard is the "best interests of the child". But that does not often work with the joint custody ideas. You will need to prepare to fight the "preference" for "joint custody". You will need to fight for sole custody, which may include a custody evaluation. It may be quite the uphill battle. 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 offer 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

I only have experience with the trust issues, not with the VA benefits. My first question is why are you putting the house into a trust? In what way are you saving taxes on the sale when compared to the expense of setting up a trust? I just don't see creating a trust to simply sell the house. Is there something else going on? You may want to review the entire project with another counsel.... Read Answer

My advice depends on what you want to do. 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 offer 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

Alimony is a factual issue, depending on finances, cost of living, etc. For details you can go to http://www.hartwig-law.com/blog/2017/08/alimony-in-divorce---actual-expenses-vs-standard-of-living.shtml All you can do is prepare for the divorce and get your finances in order. You may also want to consider a vocational evaluation of your wife to show that she is voluntarily under employed. 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 offer 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

The law in Utah is unsettled. An engagement ring is considered a conditional gift, based on marriage. The law supports the claims for potential damages arising out of the broken engagement, such as your costs of travel and the like. But, the burden of proof would be on the person pursuing the claim, which in your case is the other party. 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 offer 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

Jared, First you need to get a new attorney to help you with your custody issues. That is the most important step to take. Your situation involves major factual and procedural issues. These are issues that we can discuss. Second, as to the fees, to me that is secondary. You children are the most important issues. But, once you get a new attorney, then you can see about getting an accounting of your money, and if there are problems, we can work on those as well. If you are interested in pursuing the matter further, I offer 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

He can ask for alimony, but getting it is another thing. Alimony depends on financial facts. You both will need to file financial declarations to show income and expenses. 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 offer 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

I am sorry to hear about your problems and consternation. I may be able to help you. 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 offer 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 interest.
 
David R. Hartwig

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

Depending on the exact terms of your divorce decree, you may have many options. You might be able to go back to court and hold her in contempt, obtain additional orders, obtain some financial relied, and be awarded your attorney fees. 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 offer 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 of  all, I would need to review your decree and parenting plan. There may be provisions or restrictions contained there that could have bearing on what you may, or may not be able. Second, obviously th 50-50 would need to be changed. Your chances of gaining full custody depend on the facts of the case. 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 offer 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