Utah Divorce Legal Questions

If in California his infidelity is not relevant to the division of the community estate. If he spent money on you and your child the wife may have a reimbursement claim for one half of the money spent as not for the benefit of the community. The answer to your question could be much lengthier but this forum is not suitable for such a response. A consultation with an attorney would be beneficial for him.... Read Answer

Generally nothing to property division in Michigan since it is a no fault divorce state, only in exception circumstances should it be anything but 50-50 split. Further, if you have a child with him it has the potential to lower his child support payments. However if she does not know, its a recipe for a long bitter fight from his ex.... Read Answer

He may have to pay spousal support or more than half of the assets because of the adultery. Frankly, I would not count on him leaving his wife. I would suggest that you file an action to determine paternity, child support and custody against him now so that you at least can get child support.... Read Answer

It is both of your home until the Court divides it. However, if you have or obtain a Temporary Order for Exclusive Possession of the Marital Home, you will be able to direct who is and is not there. If your divorce is finalized and the real property/house was not awarded to someone, you are now tenants in common and she has equal say (although this would be a terrible result if you do not plan to sell the home). If you were awarded the home but have not refinanced yet, she has no input in who is there. Talk with a local attorney who can review your specific situation and any relevant documents, as it is unclear what stage of proceedings you are in.... Read Answer

The general rule in Michigan is that a spouse is entitled to 50% of the 401(k)'s increase in value that occurred during the marriage. However, there are MANY exceptions to that rule, and the fact that your marriage is short-term, and that you didn't live together for at least part of the marriage, and that he is unemployed should definitely help your position.... Read Answer

In Ohio, it is called spousal support; And yes you have to file in order to get, in the beginning temporary spousal support and child support, if your children are under 18 and still in high school; The purpose of the spousal support is to level the income between the parties so one party is not basically destitute; When you file for divorce, you need to request temporary support orders, along with a restraining order for him not to change bank accounts or sell assets; yu can also request that he be required to leave the maritial home.... Read Answer

If you and your husband have reached a settlement agreement following a mediation settlement conference, then you should likely submit your settlement agreement to the court and then prepare a decree of divorce based upon your settlement agreement. There are several other documents you'll need to prepare to complete your divorce case through the court, but it appears that your case is settled. I do not know where you heard that you may need to file a "friend of the court," but no such thing exists at the trial court level in the divorce action. Once you and your husband have reached this written settlement agreement, the next steps are to prepare findings of fact and conclusions of law based upon the settlement agreement, a decree of divorce based upon the settlement agreement, and to prepare the other documents associated with your case that would best be identified by a court clerk or buy a consultation with an attorney.... Read Answer

In Utah, Temporary Restraining Orders expire after 10 days if they are not served or if they are not extended by another Order from the court. If you have not been served with the Order, and if the temporary order has not been extended in order to obtain service, it will expire by its terms.... Read Answer

You should consult wit a local and experienced family law attorney to discuss this. In Arizona there is generally a self service center at each superior court, where forms and instructions are available. If you file a dissolution petition, and set out the same terms that you believe that your husband agreed to, you would the have the petition, and several other documents served on him. If he does not respond, or sign the consent decree, then you follow the instructions given you with the self service packet.... Read Answer