Utah Divorce Legal Questions

Your husband needs to stop being so nice, and actually take care of you and the children. Yes, he might be able to go back to get child support, particularly with the loss of income. On the RV, I doubt you can do what you ask, but I'd have to see the decree itself. There might be a number of solutions, depending on exactly what the decree of divorce says. I'd have to look it over and then we could discuss options and plans. If you and your husband are serious about taking steps to handle these issues, I could assist you if you want. I offer an initial 1/2 consultation without charge. David R. Hartwig... Read Answer

I am certainly sorry to hear about your situation. It is indeed problematic having your spouse move out with the children. I can 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. There is no charge for that initial consultation.Should you desire to have a consultation, please telephone to set an appointment.David R. Hartwig801-486-1715... Read Answer

This is a question of fact, exactly how far things went with the lawyer. But, based on what you say, you refused the attorney's offer and never retained the lawyer. I'm guessing that no attorney-client relationship was formed between you and the lawyer. In that light, yes, your ex-husband can do that. Which means, you need to hire your own attorney, an experienced family law attorney to assist you in presenting your claims and defenses. And, your own attorney can review the actual facts of your question, and if appropriate, file to have that other attorney removed from the case.  ... Read Answer

The simple answer is that you simply need to proceed with the process in the courts. You did not say where the divorce is at -- Utah or Philippines. If it is in Utah, your friend needs to retain Utah counsel and simply push the matter through the courts. I am in a position to assist your friend, if she is interested. Her being in Manila is not a major problem as almost everything can be handled electronically -- email, phone, and the like. David R. Hartwig 801-486-1715... Read Answer

The simple answer about needing to file now is no -- but it would be much simpler for him to file right now and obtain service of the petition on her before she leaves. Otherwise, you would need to find a way to serve her in Taiwan, assuming you could find her there. So, yes, get started now! He does not have to finish the divorce before she leaves, he just needs to get it started and get her served with the required documents. As to your second question, the baby. Absent someone adopting the baby, your son could be financially liable for support. It does not matter whether he sees the child or not -- child support and parent-time (visitation) are completely independent of each other. I presently have some openings available, and can assist your son, should you want. If so, please telephone for an appointment. David R. Hartwig 801-486-1715... Read Answer

Great question. You can serve a complaint for divorce and the summons upon your spouse by mail. Here?s what the rules require: See Utah Rules of Civil Procedure, Rule 5 and the Appendix of Forms Service of the summons and complaint by mail requires: The summons and complaint may be served upon an individual other than a person under 14 years of age or an person judicially declared to be of unsound mind or incapable of conducting the person's own affairs by mail or commercial courier service in any state or judicial district of the United States provided that your spouse's attorney or agent authorized by appointment or by law to receive service of process signs a document indicating receipt. Service by mail or commercial courier service is complete on the date the receipt is signed, so long as the receipt is signed by the your spouse, your spouse?s attorney, or agent authorized by appointment or by law to receive service of process, and so long as proof of service is filed with the court, usually in the form of an affidavit. You can also see if your spouse will waive form service of the summons. If your spouse refuses a request for waiver of service submitted in accordance with this rule, the court shall impose upon your spouse the costs subsequently incurred in effecting service. If you mail or otherwise deliver the request for waiver of service and a copy of the complaint to the person upon whom service is authorized, include in your request that you shall allow your spouse at least 21 days from the date on which the request is sent to return the waiver, or 30 days if addressed to a defendant outside of the United States, and include notice 1) that a lawsuit has been commenced against the person, 2) that a copy of the complaint and an extra copy of the waiver form, is attached to your request and notice; 3) that the complaint has been filed in the District Court for the County in the State of Utah where you filed it; 4) what the case number assigned to the case is; 5) what the courthouse address is where the answer to the complaint needs to be file; 6) that the request is not a formal summons or a notification from the court, but rather a request that the person sign and return the enclosed waiver of service in order to save the cost of serving a judicial summons and an additional copy of the complaint; 7) that the cost of service will be avoided if a signed copy of the waiver is received within 20 days after the date your Notice and Request is sent; 8) that you provided with your notice and request a stamped and addressed envelope (or other means of cost-free return) for your spouse?s or spouse?s attorney?s or agent's use; 9) that if your spouse or attorney or agent complies with your request and returns the signed waiver, it will be filed with the court and no summons will be served; 10) that your spouse must answer the complaint within 45 days from the date you sent the notice and request; 11) that the signed waiver is not returned within the time indicated, you will take appropriate steps to effect formal service in a manner authorized by the Utah Rules of Civil Procedure and will then, to the extent authorized by those Rules, ask the court to require your spouse to pay the full costs of such service; and 12) a statement concerning the duty of parties to waive the service of the summons.... Read Answer

Your wife's attorney cannot deny you seeing your daughter; however, absent some kind of orders for parent-time, your wife can. Her attorney is probably simply informing you of your wife's instructions. You obviously do not have an attorney on your side. You had best hire one, and now, to assist you in preserving your rights, and minimizing your obligations. If you care for your daughter, hire an attorney now and fight to see your daughter. I can assist you, if you want. David R. Hartwig 801-486-1715... Read Answer

Yes, you can get an attorney to assist you in making the change. There are a couple of different ways of making the change. Using an attorney may be a wise move, as the child support schedules, and child support obligations, may change depending on how the custody changes. I am in a position to assist you, should you want. David R. Hartwig 801-486-1715... Read Answer

If the court never issued a decree of divorce or ordered your marriage dissolved in your divorce action, then yes, you are still married. A marriage cannot end by the couple wanting to be divorced, filing for divorce, and then separating for a long time. Without the court order dissolving the marriage, you are still married.... Read Answer

Depending on the terms of your divorce, you may have a civil cause of action under the divorce to determine what other such events have occurred, and to prevent any future such actions. You may also have a cause of action for fraud, invasion of privacy, and the like. I do not practice in criminal law, so I do not know if there is a potential for criminal violations. You may want to contact the police to make a report.... Read Answer

That all really depends on the facts of the case. It all depends on whether you are “cohabiting” or merely just dating. Your girlfriend really needs to get an experienced family law attorney who is familiar with cohabitation law in the family area to work with her and protect her interests. Then she could obtain appropriate advice and figure out how to proceed. If you girlfried desires, I could help. David R. Hartwig 801-486-1715... Read Answer

Between the two of you, you decide who will be the moving party, the Petitioner. That person would meet with an attorney to review everything thing to ensure you didn't miss anything. Once that is done the petition is drafted and filed, with the other party being served. Assuming there are no problems or changes, the other party does not have to do anything, and you let the waiting period run; prepare the findings of fact, conclusions at law and decree of divorce, along with an affidavit on jurisdiction and grounds, submit it all to the judge and wait for the decree to be signed. For me the price is based on the amount of work involved, as I bill at $225 per hour. David R. Hartwig... Read Answer

The short answer is - maybe. It all depends on the facts of the case, and the facts surrounding the house, finances, children, and the like. You really should hire an experienced family law attorney to assist you, answer your questions (after reviewing all the facts), and implement the best strategies to protect your interests. I can assist you, if you so desire. David R. Hartwig 801-486-1715... Read Answer

This is a fact sensitive issue, meaning that a lot could depend on all of the underlying facts, agreements, and potential of comingling of assets. In general, assuming none of the above applies, the student loan debt will follow the student. But, that is “in general”. You really need to discuss this issue with your divorce attorney. If you do not have one, you should find an experienced family law attorney to assist you. I may be able to help.... Read Answer

If your husband has filed for divorce, the fact that he received citizenship recently is not relevant. You need to deal with the filing and address all of the issues he raised in his filing. While you may feel used, that has no bearing on the filing, or the fact that there will probably be a divorce. I am sorry to hear that this has happened. Should you want, I can assist you in handling your divorce. David R. Hartwig 801-486-1715... Read Answer

I'm not sure what you are asking. On purchasing the house, if it was an inheritence the will, or probate would control, and I'd have to see those documents. On selling the house, you list your question under divorce. If you are divorced the decree will control who owns the house. I'd have to see the decree. You need to provide a lot more information, and let me know exactly what you are seeking.... Read Answer

I am sorry to hear about your situation, it sounds as if you have been through quite a bit. You bring up a number of issues, which need to be explored and discussed. I may be able to assist you.  I offer an initial one-half (1/2) hour consultation, for the cost of $50.  This is an opportunity to meet, discuss your situation, lay out some preliminary ideas, and see if we can work together.Should you desire such a consultation, please feel free to telephone my assistant between the hours of 9:00 and 1:00 MT, to set an appointment.David R. Hartwig, Esq.801-486-1715... Read Answer

Presuming that you have been in Utah, you can proceed for a divorce in Utah. However, there are some additional issues, such as whether there are children, or a house, and the like, which could influence doing so. You should consult with an experienced family law attorney to review these issues. I can assist you, should you wish.... Read Answer

You will need to file for an all new decree; the prior decree is essentially voided by the remarriage. As you are looking for different results this time, may I suggest that you work with an experienced family law attorney who takes the time and energy to actually work with you, and explain things as you go. I offer such services.... Read Answer

To begin with, your best bet is to get with an experienced family law attorney to really determine your risks, and your rights. The answer on the house depends on detailed facts on timing, values of the house, and the like. But, there are other considerations that might be pertinent, such as the issue of your health, and the potential of some spousal support; allocation of other personal property; allocation of retirement benefits; and other such considerations, which might be used to offset any claims she raises against the house. So, instead of sitting there looking for free advice, get moving to defend your rights and be proactive in moving your case forward, rather than waiting for her to do something.... Read Answer