Utah Divorce Legal Questions

The answer depends on the fact and what is going on. If the settlement is solely for the wife's injuries probably not. That doesn't mean you are totally out of luck. Part of the settlement might be for property damage, and was the property marital? Is part of the settlement lost wages, which might be considered marital property? So, there are some areas of grey to be illuminated. 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 potential financial issues.
 
David R. Hartwig

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

If you have lived here for at least three months, then you can file here. But there are other questions: are there children and where do they live and for how long; is there a house or other real property 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 forward with your divorce.
 
David R. Hartwig

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

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

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 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

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

Yes, that could be a basis for an annulment. What you do to get moving forward is to get with an experienced family law attorney who has handled annulments.  I have done so. 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
drhlaw@ix.netcom.com... Read Answer

In Utah, there is a presumption for shared custody. The amount of time that she may have with the children depends entirely on the facts of the case (the extent of her illness, for example) and how committed you are to actively protecting your children. It is sometimes possible to be awarded sole custody, if that is what you are interested in; but, she will have some amount of parent-time, again depending on all of the appropriate facts. 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
drhlaw@ix.netcom.com... Read Answer

The answer is: it's not exactly knowable. Unlike statutory guidelines that base child support upon an algebraic equation involving the parents' respective gross incomes, number of children, and how many overnights each child spends with each parent, alimony is far more subject to the discretion and judgment of the judge assigned to your case. Here, for example, is the statutory formula followed to calculate child support: [image: Inline image 3] [image: Inline image 7] Here is the code section that determines the duration of child support generally: Utah Code Section 78B-12-219 (Adjustment when child becomes emancipated) (1) When a child becomes 18 years of age or graduates from high school during the child's normal and expected year of graduation, whichever occurs later, or if the child dies, marries, becomes a member of the armed forces of the United States, or is emancipated in accordance with Title 78A, Chapter 6, Part 8, Emancipation, the base child support award is automatically adjusted to the base combined child support obligation for the remaining number of children due child support, shown in the table that was used to establish the most recent order, using the incomes of the parties as specified in that order or the worksheets, unless otherwise provided in the child support order. But here is the sum total of the statutory elements for determining alimony (as you will see as you read it, there is no precise formula or even one single kind of formula for determining the amount or duration of alimony): Utah Code Section 30-3-35(8 through 10): (8) (a) The court shall consider at least the following factors in determining alimony: (i) the financial condition and needs of the recipient spouse; (ii) the recipient's earning capacity or ability to produce income; (iii) the ability of the payor spouse to provide support; (iv) the length of the marriage; (v) whether the recipient spouse has custody of minor children requiring support; (vi) whether the recipient spouse worked in a business owned or operated by the payor spouse; and (vii) whether the recipient spouse directly contributed to any increase in the payor spouse's skill by paying for education received by the payor spouse or enabling the payor spouse to attend school during the marriage. (b) The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. (c) "Fault" means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: (i) engaging in sexual relations with a person other than the party's spouse; (ii) knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children; (iii) knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or (iv) substantially undermining the financial stability of the other party or the minor children. (d) The court may, when fault is at issue, close the proceedings and seal the court records. (e) As a general rule, the court should look to the standard of living, existing at the time of separation, in determining alimony in accordance with Subsection (8)(a). However, the court shall consider all relevant facts and equitable principles and may, in its discretion, base alimony on the standard of living that existed at the time of trial. In marriages of short duration, when no children have been conceived or born during the marriage, the court may consider the standard of living that existed at the time of the marriage. (f) The court may, under appropriate circumstances, attempt to equalize the parties' respective standards of living. (g) When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, that change shall be considered in dividing the marital property and in determining the amount of alimony. If... Read Answer

That all depends on the type of account, and whether there were any contributions made during the marriage. If you are talking a out social security accounts, then you would get another different 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. 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

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

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

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

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

The residency requirement in Utah is only three months. I don't know what it is for California, as you have moved. Generally you can file either where you reside or where the other spouse resides. Are there any chidren? If so, where are they residing? That would have a bearing on which state has jurisdiction to determine custody. 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 not charge 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 Answer

Kcrystal, I am sorry to hear about your situation. A divorce with a young child can be difficult and emotionally draining; as well as having to put up with the change of custody. 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. The is no charge 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 Answer

Patricia,   From what I am reading, being married you cannot accomplish your goal. If, as you say, you are ready for a divorce, then you have many options, including the potential for alimony. There is also the issue of the marital assets, which may well include any he has. I have some questions about the business in which you invested your funds. You provide no details, and depending on the facts, there may be some options there. What we should do is meet to discuss your situation, and review a number of additional facts that are currently not provided. If you want some additional information, please review http://www.hartwig-law.com/Family-Law/Property-Division.shtml and http://www.hartwig-law.com/Family-Law/Retirement-Investment-Accounts.shtml. With this being a holiday weekend, my office is closed tomorrow, Friday. It will be open this coming Monday. 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 not charge for that initial consultation.Should you desire to have a consultation, please telephone my my office this next Monday to set an appointment.David R. Hartwig801-486-1715... Read Answer

The person who petitions the court for a divorce is a "Petitioner". You infer that you are waiting for the court to finalize the papers. Understand that the court does not prepare paperwork. The petitioner has to do that. If you have further questions, or need help, please feel free to contact me directly. David R. Hartwig 801-486-1715... Read Answer

If you are challenging the additional replacement funds, what are those funds for? What were the covered losses? Were you required, by the decree, to carry the insurance? Without seeing the actual decree itself, or having answers to my questions, my guess would be yes, she is entitled to the insurance proceeds resulting from the loss of the vehicle. If you want, I may be able to assist by reviewing your documents, and the claim settlement.  ... Read Answer

Without more detail, I am not sure whether the documents you signed were actually used; they could have been. What I'd need to do is review your case, and see if orders based on those documents were signed by the court. I also have a question on the time line, when you signed the non-disparage document and when you filed for the protective order (including when the events occurred). You are correct that your husband's attorney could use the document in the protective order and criminal case hearings. Additionally, if the document was used as the basis of an order, before the protective order, your husband might use the same to attempt to hold you in contempt for violating that order. You really should sit down with an experienced family law attorney, review your divorce case, and determine what the time line actually was. You also should get with that attorney to assist you at the hearing on the protective order, and to prepare for the criminal case. I may be able to assist you, if you wish.... Read Answer

Unless there are some special circumstances, there is no real reason for the judge to schedule a hearing. Without more information, such as when you served the other side, if you defaulted the other side, or if there was a mediation with a settlement, I really can't help you further. If you want, I offer an initial 1/2 hour consultation for free. Then I might learn more, and be able to assist.... Read Answer