Utah Recent Legal Answers from Lawyers

Regardless of whether you are represented by counsel or not, you will need to appear in court - you are the only person with personal knowledge of the facts giving rise to your claim, and so will have to testify to prove it.  BTW, you didn't ask this, but I wonder what your claim is, as I don't see how you've suffered any damages.... Read More

At least talk to a public defender they frequently are very good lawyers and give you the best advice about how a particular judge handles a particular type of case. In general, you will usually be referred to juvenile court, because you are not yet an adult. I juvenile court, you are likely to get community service hours, and some type of drug evaluation and a class on the danger of using drugs, even marijuana, before your brain is fully developed.... Read More

A lot depends on whether your son has filed any sort of paternity, has he file an acknowledgement of paternity? You might be able to petition for custody, but it would be difficult. You would need to start by getting certified as a potential foster parent.   You are in a mess, and you need an attorney. 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 all of this by phone.
 
David R. Hartwig

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

If your wife does not want to move, the courts will not force her. As to the other problems and concerns you raise, your situation involves major factual and procedural issues. Those 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 More

Does your decree not specify which of you is to carry it if you both have it available? Does it not address how to handle such a situation depending on cost and coverage? Your decree needs to be reviewed. If it does not contain those provisions, then you may need to modify the decree. And yes, in general, if one can obtain equal or better coverage at less cost then that could become the primary with yours being a secondary insurance, and the contributions paid by each of you appropriately set off.  Based on what you say, you don't have an attorney. That is a big mistake. You really need to get with an experienced family law attorney just as quickly as you can to review the facts of your case and set out a plan to assert your position. Please understand that this site does not allow us to recommend any particular attorney or firm, but I do know what a mess these cases can be having handled many disputed matters. Do your on-line research and look for attorneys experienced in these types of matters. ... Read More

Your son needs to get with an experienced attorney to assist him just as quickly as possible. He has 21 days from the date he was served to file his answer to the petition, and possibly file a counterclaim. Alimony is a fact issue, and depends on earning abilities and cost of living. Pensions may be divided, for amounts accrued during the marriage. You really need to get with an experienced family law attorney just as quickly as you can to review the facts of your case and set out a plan to assert your position. Please understand that this site does not allow us to recommend any particular attorney or firm, but I do know what a mess divorce cases can be having handled many disputed matters. Do your on-line research and look for attorneys experienced in high-conflict matters. ... Read More

I am sorry to hear about your situation. I may be able to help you.I offer an initial 1/2 hour consultation, an opportunity to meet and discuss your case, your situation, your goals, and then offer ideas on how to help you; it is also an opportunity to see if we are comfortable working with each other. I do charge $50 for that initial consultation.Should you desire to have a consultation, please telephone my office to set an appointment.David R. Hartwig801-486-1715... Read More

You certainly do have a number of issues. I offer an initial 1/2 hour consultation, an opportunity to meet and discuss your case, your situation, your goals, and then offer ideas on how to help you; it is also an opportunity to see if we are comfortable working with each other. I do charge $50 for that initial consultation.Call, and set an appointment and let's get moving on resolving your problems. David R. Hartwig 801-486-1715... Read More

Under the intestacy statutes in Utah, when there is a second marriage,, the surviving spouse gets the first $75,000.00 of the estate. The balance si divided equally between the surviving spouse, who gets 1/2, and the children from the first marriage, who divide up the other 1/2. Realistically, if the estate is not large enough, you could all be disinherited.... Read More

I would need to review your real estate contracts to be able to see what was supposed to happen. 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 More

You will need to file a claim against his estate. 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 More