Utah Divorce Legal Questions

If she is still married to you, she might not need the poa. We are a community property state. However, if it was recorded, you can rescind it at the Auditor's office. You can inform her is voided. If she is using it to manage separate property, tear it up and any copies that have been made. If it was used to get her name added to accounts that are separate funds, you can tell the banks to remove her name. No one can do anything if you have not granted or have rescinded any power given. But you have to force full. These places do not necessarily want to change their computers and such.... Read More

In Arizona the grounds for a dissolution are that the marriage is irretrievably broken, with no prospect of reconciliation. What you do is file your petition for dissolution and have it served upon him. He can argue about "stuff", but he can only delay the entry of a decree of dissolution.... Read More

Check your parenting order and see if you have a dispute resolution process. Follow it. You may not file for contempt until you have used the dispute process to resolve your concerns. But you need to give her notice you expect the order to be followed. If she refuses, you must then seek a contempt finding by the court. If she is found in contempt twice in a reasonable period of time (usually one year or it could be say in 18 months,) you would then have grounds to seek a change of residential placement (custody.)... Read More

The mother of the child in a dissolution action can ask that he be restricted from allowing the child to be around any person she does not know or feels can be a danger or confusing to the child. In other words, she cannot restrict you from seeing the child, but can restrict him from allowing to you see the child. This happens when parties separate, begin to form new lives, but have not resolved the earlier situation yet. The mother can think and convince the court that the reason for the dissolution is that you have taken him from her and the child. Therefore, you are an unknown factor in the child's life. Will you make it hard for the father to care for the child and such. Until you are vetted, something he can do through a guardian ad litem, it is best to let this happen without complaint. Eventually if you are going to be this man's new partner, the mother will have to get used to the fact that the child is going to see you, probably call you mom and other things that happen with children. But your question is can there be a restriction, and the answer is yes.... Read More

You present two separate issues. You have not obligation for step children in a dissolution. I presume the child belongs to your other spouse. If you contracted to support someone else child, well that is different. The obligation is not from the marriage but from the contract.? The child can enforce the contract through a guardian (the other person in your marriage.) If the promise was for government purposes, again what is the relationship to the child.? Ending the marriage if the child is your spouse's ends the obligation.... Read More

In Arizona the grounds would be that your marriage is irretrievably broken, with no prospect of reconciliation. Be aware that even when you both agree, the process can take about 120 days. You would be well advised to at least consult with an experienced family law attorney in your area to discuss the procedures.... Read More

This is a very common question, so thank you for asking. "Separation" has come to have many meanings. Obviously, if a husband and wife physically separate and have separate residences in preparation for a divorce, they are separated as a matter of fact. Husband and wife can also obtain an order from a court that allows them to live apart but be treated as if they were divorced but for the fact that there marriage has yet to be dissolved. This is known as a legal separation. Couples who are legally separated are not divorced in the hope that they may reconcile later. Then there are those like you, who may still reside with their spouses, but have boyfriends or girlfriends with whom they may or may not be having sexual relations. Some people would call this an "emotional" separation, but an emotional separation is usually not considered to be a separation for divorce purposes. Carrying on a sexual relationship with someone other than your spouse while you are still married is not called separation, it's called adultery, and in some jurisdictions adultery can cause you trouble in the areas of child custody and alimony.... Read More