Utah Divorce Legal Questions

The legal basis, or grounds, for a divorce do not control the quickness of obtaining the divorce. Depending on the actual facts of the case, and your ability to work with your counsel, it could take a couple of months to get an order for service by publication, have the notice published, and gain the final divorce. That is assuming that you husband does not respond and fight in any way. As you have financial difficulties, perhaps your family could assist. You really should find an experienced family law attorney with whom you feel comfortable. I have handled such cases, and am currently prosecuting a similar type of action where alternate service, rather than personal service, is required.... Read Answer

My simple answer is - you can sue anyone for almost anything, the real question is will you win. Alienation of affections is extremely fact sensitive. What you need to do is talk with an experienced family law attorney and go over the facts of the case. I offer an initial 1/2 hour consultation for the cost of $50, or check out other attorneys. Just make sure that they are at least aware of case law where alienation of affections has been upheld. I know that I am.... Read Answer

That all depends on what the final order says. And, the final order depends upon what you agree to (if mediated or settled), or what the judge orders. Your attorney should assist you in addressing your needs along these lines, at least that is what I view my jobs as requiring. So, talk with your attorney; if you do not have one, find one.... Read Answer

The fact of the matter is that the answer depends upon the facts -- were the funds actually comingled. There is case law on this, and how the courts review the facts and make determinations. It all depends on the facts Since you are questioning your current attorney, it shows that you are not entirely happy. In my opinion, your attorney should have taken the time to explain all of this, including providing you copies of the cases if you desired, so that you would fully understand the legal arguments and what is required. In that way, you can make a fully informed decision as to how you want to proceed.... Read Answer

You fail to specify under what circumstances, but you do have this posted under “divorce”. In a divorce, all marital property (being anything acquired during the marriage) is subject to division, without regard to whose name is on a deed or title. If you have specific questions, you need to communicate with an experienced family law attorney.... Read Answer

Well, your only real choice is for your parents to go to court; for you do not have the power to choose where you will live. If one of your parents cared enough, that person would file to modify the court orders. The Court might listen to you, and take your preferences into consideration. But, you do not get to choose.... Read Answer

The case does seem straightforward, but beware that as a divorce case develops, sometimes areas of contention emerge which were not previously apparent. Legal fees even for simple divorces vary immensely from place to place and lawyer to lawyer. In south-central Wisconsin, the court filing fee is $184.50, and experienced lawyers would expect an advance payment of around $2,000.00.... Read Answer

I'm not sure what you mean by “release”. If you want to end your representation by that counsel all you have to do is send them a writing terminating your relationship. Counsel should then send confirmation, and perhaps a withdrawal of counsel in the court file, and then send you a final bill.... Read Answer

The short answer is -- yes. In Utah, both parties are required to disclose financial information, and each can subpoena records from the other, should the party so desire. But, you say third parties, but you don't say who those third parties are. Yes, disclosure to your spouse's attorney can be required; and, if there is a financial expert appointed in your case, then to that expert. There are really no third parties in a divorce, just you and your spouse. So, I really don't understand who the third party might be.... Read Answer

The simple answer is that no, you cannot avoid court. I've written a blog on this, and the fact of the matter is that a divorce decree is a court order. So, you will have to “go to court”. But, that does not mean that you have to fight, or have any conflict. You really should find an attorney you feel comfortable working with and make sure that you have covered all your bases (please see my blog on “Uncontested Divorces”). Then, with the attorney's help you can move forward with the divorce in a peaceful, and respectful atmosphere.... Read Answer

There are statutory provisions that specify default parent-time (read that as visitation -- Utah appears to be going away from the term “visitation”) -- that is parent-time which will be ordered if the parties cannot agree. In your case, the out-of-state parent-time statute would be the default. If he is not willing to agree on things, your only choice is to push forward with the litigation process, and move to trial. True, he may attempt to drag things out even there, but you will be moving forward in the case, and not have to put up with his actions (or inactions, if you will). You need to get with an attorney. It is part of an attorney's job to be between you and the other side, to allow you emotional (and physical) room -- time to feel safe, and think retionally, rather than “putting up” with the other side.... Read Answer

Even in uncontested divorces, attorneys do not represent both parties. In the court filings, they will list their client as the petitioner and the other party as the respondent. Has the attorney already drafted the petition? Do you agree with its terms? Has it been filed with the Court? No matter the answer to those questions, you need to see an attorney as soon as possible to ensure your rights are preserved and that you don't miss any deadlines. Failure to do so can result in the court granting everything the petitioner has asked for whether you agree or not.... Read Answer

There are at least four ways this could go. Because your husband owned the car before marriage, he could argue that the car should be given back to him upon divorce, regardless of whether he added you to the title or not during the marriage. Your judge could do that, it's perfectly legal. You could also argue that since your name is on the title, in divorce the car should be awarded to you because you use it or you need it most. Your judge could do that, it's perfectly legal. The court could decide to consider the car to be a marital asset, in which case it would divide the value of the car between the two of you. The court will start with the presumption that the most equitable division is an equal division of value. Because a car cannot be practically cut in half and give half to each of the parties, the court could either order the car sold and the proceeds from sale divided equally between you, or order one of you to get the car and I wore the other person other marital property with an offsetting equal value.... Read Answer

Arizona is a community property state. This means that he would be entitled to one half of whatever pension benefits, or other retirement accounts, such as 410(K), accrued during your marriage. You can agree on offsets, for example, him keeping an asset of equal value to his portion of the pension. You should consult with an experienced family law attorney in your area to discuss the ramifications.... Read Answer