Utah Divorce Legal Questions

She can so report it, even if she is wrong in doing so. You say you are getting a divorce. Have you filed? Do you have any temporary orders? Do you have 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 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 my office .
Don't wait any longer, give a call and let's getting working to protect your interests.
 
David R. Hartwig 

801-486-1715... Read More

Yes, things can be very confusing, particularly if you attempt to use the court's electronice system.   The best thing you can do is give a call, I offer a free 1/4 hour consultation, or $50 for 1/2 hour. You have many issues to consider, including alimony, retirement accounts and the like, as well as your spouse moving.   The best thing to do is get with an experienced and aggressive attorney. I know what these cases are like, having handled them before, with over 30 years experience here. Give a call Monday morning   David R. Hartwig 801-486-1715... Read More

My first question is, where is your attorney in all of this? Your attorney can provide detailed answers that I can only guess at.   As to the house, there is a chance that he could be awarded some of the equity in the home. The same is true for your retirement programs.   This is where you need to have an aggressive and experienced family law attorney working for you to minimize your potential losses. You may well be able to argue the abandonment, and hence significantly lower what he can get.   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.
 Don't wait any longer, give a call and let's getting working to protect your interests.
 
David R. Hartwig

 801-486-1715... Read More

You get with an aggressive and experienced family law attorney, that's how. Arguably, one must file to recognize a relationship within one year of its termination. So you may have options for fighting there. 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 to set an appointment.
 Don't wait any longer, give a call and let's getting working to protect your rights.
 
David R. Hartwig 

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

Your mother needs to get with an experience family law attorney just as quickly as possible to preserve those assets. It is possible to obtain orders to preserve assets. 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.
 Don't wait any longer, give a call and let's getting working to protect her interests.
 
David R. Hartwig

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

It doesn't really matter, as you can address the move in the divorce now, prior to his move. But, where is your attorne in all of this? Not having an attorney is a big mistake in a custody dispute. 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 need to get with an aggressive family law attorney who has experience with divorce, custody and difficult cases. I know what these cases are like, having handled a number.   You need to get moving ... as in today, to hire an attorney and handle this matter correctly from the outset. Or, you can try doing it yourself, and bumble through. Of the two options, which choice is best for your children, and your rights with those children?   Depending on your schedule, I could probably meet with you some time this week to discuss your situation. 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, my office.
 Don't wait any longer, give a call and let's getting working to protect your child.
 
David R. Hartwig 

801-486-1715... Read More

Without knowing what has been filed in your case, such as an answer or counterclaim, one cannot actually answer. If there is not answer or the like, then there is a question as to whether a default has been entered, along with the required military information. And if that is the case, then it is only the petition who can easily move forward. The best thing to do is get with experienced counsel to review your case and files.... Read More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

Based on what you say, you don't have an attorney. That is a big mistake. Without looking at the exhibits, and knowing the case, one cannot hazard a guess as to why the exhibits were excluded. The best thing to do is get with an experienced family law attorney to review all of your facts and papers, and do so just as fast as you can.... 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

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

If the money is from a personal injury settlement and if you have kept it in separate accounts throughout, then it is your money and should be awarded to you as yours by a divorce court. As such, there is no reason to take it out, or give it to anyone. But if you want to gift it to anyone, I believe that if it is over $12,000 you have to file for taxes (check with your accountant). 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 property.
 
David R. Hartwig

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

What you are ultimately entitled to depends on any number of factors. You will need to determine custody, and along with that child support. You say he has a house, is that the home you live in? If so, you will be entitled to a portion (possibly 50%) of the equity in the home. Depending on why you quit working 7 months ago, you might be entitled to some spousal support. The vehicles will be divided with some consideration given to the values of the vehicles and the lease.  Based on what you say, you don't have an attorney. That is a big mistake in a custody dispute. 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. 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 you and your children.
 
David R. Hartwig 

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

Though you appear to have asked this on July 4, I just received the question. After a 41 year marriage you probably have no basis to seek an annulment. That leaves you with a divorce action. Your situation may involve 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

From what you say, your wife filed in Utah, your children, house, and the like are all in Utah. That means that it is a Utah divorce and you will need a Utah 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, and I can handle almost the entire matter via email or phone. Don't wait any longer, give a call and let's getting working to protect your rights to your children, your house, and the rest of your property.
 
David R. Hartwig 

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

From what you say, all of those issues existed before you were married, and you only found out about them since you married, correct? How long have you been married? When, and how, did you learn of these issues? You may have a basis for an annulment, though I'd have to explore the actual facts in more detail. So, you could file for an annulment, and possibly have it granted. One option I usually suggest is to file for an annulment, or in the alternative, a divorce. In that way you don't have to refile (with all the extra costs) for a divorce if the annulment is denied. As noted, your situation involves major factual and procedural issues. These are issues that we can discuss in detail. 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 lifestyle and your credit rating.
 
David R. Hartwig

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