Utah Divorce Legal Questions

Until an order is entered regarding custody and parent time, either parent can take a child from the home state. In Utah, you can file for a divorce in any county where you have resided for at least three months. Utah would have jurisdiction over your wife and child provided that they lived in Utah during the marriage. You are also able to file for a divorce wherever your wife has established residency, though it may make more sense and be more convenient to file for divorce where you reside. If you file for a divorce in Utah before your wife files for divorce in the state where she moved, the Utah action may have have priority depending on the connection your wife and the child have with the other state. The state where your wife moved may not have personal jurisdiction over you. That is, if you never resided there during the marriage and if you were not married there, the state may lack the power to issue orders against you. If your wife moved from the state more than 6 months ago, she may have a claim that the new state is not the home state for your child, and she has probably satisfied the residency requirements to allow her to file for a divorce in the other state. If Utah takes jurisdiction, the court can require the mother and child to return to Utah, especially if there is an issue of custody, or if she only recently left and did so misrepresenting her decision to return to Utah. The court could also require your wife to pay more of the expenses to allow you to have parent time with your child. The passage of time will affect your ability to protect your rights in the state of Utah, so you should seek further legal counsel as soon as practical.... Read More

This question depends on a number of different factors. Has your wife moved to another state long enough to establish residency in the other state? At least 6 months? Is she visiting only? If she has not established residency in the other state, then she is still a resident of California and as such you could sue her in California. If she has moved out and established residency in the other state, then you will probably have to file in the other state. When you file, you still have to personally serve her with the disso documents.... Read More

You can file in either location. If you file in the location where you are still residing, you can certainly ask that the children be returned to that location on the basis that all information concerning them is located where they were residing. This is all assuming she has not been gone six months or more.... Read More

The issue is whether your spouse abducted the children so to deprive you of your parental rights. More facts are necessary before able to provide a full response. Your situation would require assistance from an attorney as this forum is not suitable for such an extensive and personal response.... Read More

You need an attorney as soon as possible. You must file here in Nebraska but a judge is extremely likely to order her to return the children to Nebraska or else custody will revert to you. Our office has handled several cases like this. You do not want to wait too long after she left or she may be able to argue you acquiesced. A local attorney can help you after gathering all the facts for this matter.... Read More

Answer: There are many factors for child custody. In South Carolina there are 13 factors for child custody. Your employment and payment of child support could be one thing the judge considers. If you have an uncontested divorce you and your spouse would need to agree on everything. It sounds like you do not agree on custody, therefore uncontested would not be the appropriate path for you. I would recommend speaking with an attorney regarding your case. Custody is very complicated and can hinge on many factors, which vary by each judge. Do not enter an agreement regarding custody especially just because your spouse is saying you should. I would recommend you speak to an attorney.... Read More

The court looks at the best interests of the children and makes a determination on whether or not the parents can work with one another to implement a joint custody arrangement. The court will also look at which parent has provided the majority of care for the children during the marriage and whether either parent has been impaired by drugs or alcohol in the past. The court can also look at the prior arrangements between the parties dealing with custody and parent time. If you are unemployed, you are actually able to spend more time with the children and therefore it might be more likely that you would be awarded joint legal custody. Ultimately, it may be more important how your parent time is defined (how much time you spend with your children) rather than what the custody arrangement is called (joint vs. sole).... Read More

This is a question best answered by gathering your original divorce action papers together and taking them to an attorney for review. It may be that your original divorce case, even if it is more than 120 days old, has not yet been dismissed by the court. If that is the case, then your divorce action is still "alive" and you can proceed to get a divorce under that case number. But figuring that out maybe more difficult for a nonlawyer than you might think. To ensure you make no mistakes waste no time and waste no money, you would best be served by scheduling a consultation with attorney for about an hour. And be prepared to pay that attorney for that time. It will be money well spent. Not attributable to Utah Family Law, LC.... Read More

It is always in your best interest to consult with an experienced family law attorney when you are contemplating the filing of a dissolution. In Arizona there is a self service center at county superior court facilities, and there you will find packets that include not only the forms needed to file a dissolution, but also the instructions for filling out and processing those forms. In Maricopa Count the self service center may also be found online... Read More