QUESTION
Does my son need to file for divorce in Utah before his Wife from Taiwaan leaves him and returns to Taiwaan?
Asked on Jun 07th, 2016 on Divorce - Utah
More details to this question:
My son is 22 and got married in Utah on Feb. 4, 2016 to a girl from Taiwaan (who came over in January on a visitors visa). She got pregnant shortly after they married. She has decided she doesn't like living here and has severe emotional issues and has purchased a ticket to return to Taiwwan on June 20, 2016. Does he need to and can he get divorced in Utah before she leaves? What about the baby due in December? Is he financially responsible if she leaves now and he never even sees the baby?
1 ANSWER
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David R. Hartwig, Esq.
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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
Answered on Jun 07th, 2016 at 12:47 PM