Utah Family Legal Questions

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75 legal questions have been posted about family law by real users in Utah. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include adoptions, child custody, and child support. All topics and other states can be accessed in the dropdowns below.
Utah Family Questions & Legal Answers
Do you have any Utah Family questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 75 previously answered Utah Family questions.

Recent Legal Answers

Wasn't served court papers

Answered 6 years and 2 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
In general, if you are not served then the court cannot proceed. But, how do you know there is a date set? You need to get with an aggressive family law attorney who has experience with custody and difficult cases. I know what these cases are like, having handled a number. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office. David R. Hartwig 801-486-1715... Read More
In general, if you are not served then the court cannot proceed. But, how do you know there is a date set? You need to get with an aggressive family... Read More

my dads boss is firing him for no real reason and i want to beat the sh*t out of him. i am 15 and hes 36 will i go to jail for that".

Answered 6 years and 2 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
That is your father's problem and he needs to address this problem.
That is your father's problem and he needs to address this problem.

Can she get more child support because of this and what are my odds of getting 50/50?

Answered 7 years and 7 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
First, I need to review your decree and parenting plan to figure out exactly what was ordered, and what the incomes were at the time. Second, if she is refusing work, then that is not a basis for her to attempt to increase child support. Third, changing to 50/50 is a fact issue. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office. Don't wait any longer, give a call and let's getting working to protect your children.โ€จ โ€จDavid R. Hartwigโ€จโ€จ 801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
First, I need to review your decree and parenting plan to figure out exactly what was ordered, and what the incomes were at the time. Second, if she... Read More

What do I need to do to be granted an annulment in the state of Utah?

Answered 7 years and 9 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
For an annulment you essentially have to show that there was some wrong-doing, or fraud, associated with you and he getting married. Simply being married for a short period is not a reason for an annulment. We'd have to talk to see if there is anything that could satisfy the "fraud" requirement. You might have sufficient facts. In the alternative, you can always file for divorce (in fact you could file for both, in the alternative and therefore save time and money.) You need to get with an aggressive family law attorney who has experience with annulments, divorce, custody and difficult cases. I know what these cases are like, having handled a number. Do your online research and get moving forward. Please understand that this site does not allow us to recommend any attorney or firm.  You need to get moving ... as in today, to hire an attorney and handle this matter correctly from the outset. Or, you can try doing it yourself, and bumble through. Of the two options, which choice is best for your children, and your rights with those children? Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.โ€จ Don't wait any longer, give a call and let's getting working to protect your children.โ€จ โ€จDavid R. Hartwigโ€จโ€จ 801-486-1715โ€จdrhlaw@ix.netcom.com  ... Read More
For an annulment you essentially have to show that there was some wrong-doing, or fraud, associated with you and he getting married. Simply being... Read More

What can I do about my husband hiding his income and spendings

Answered 7 years and 10 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
The simple answer is no. His accounts are his accounts. You only have rights to information on accounts upon which your name appears. To challenge that situation, you can either file for a divorce or legal separation. If you go down that road,  you need to get with an aggressive family law attorney who has experience with divorce, hiding assets and difficult cases. I know what these cases are like, having handled a number. Do your online research and get moving forward. Please understand that this site does not allow us to recommend any attorney or firm.... Read More
The simple answer is no. His accounts are his accounts. You only have rights to information on accounts upon which your name appears. To challenge... Read More

My rights

Answered 8 years and a month ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
My advice depends on what you want to do. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.โ€จโ€จDavid R. Hartwigโ€จโ€จ 801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
My advice depends on what you want to do. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you... Read More

What are the laws in a broken off engagement in Utah?

Answered 8 years and 2 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
The law in Utah is unsettled. An engagement ring is considered a conditional gift, based on marriage. The law supports the claims for potential damages arising out of the broken engagement, such as your costs of travel and the like. But, the burden of proof would be on the person pursuing the claim, which in your case is the other party. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.โ€จโ€จโ€จDavid R. Hartwigโ€จโ€จ 801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
The law in Utah is unsettled. An engagement ring is considered a conditional gift, based on marriage. The law supports the claims for potential... Read More

Child support and polygamy

Answered 8 years and 4 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If you review the statute on calculating income, it could be more complex that what you are stating. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.โ€จโ€จDavid R. Hartwigโ€จโ€จ 801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
If you review the statute on calculating income, it could be more complex that what you are stating. Your situation involves major factual and... Read More

How can we get my mother in law out of our house if she doesnโ€™t want to leave the house on her own ?

Answered 8 years and 5 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You fail to say who owns the house, and what, if any, arrangements you have been living under. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.โ€จ โ€จDavid R. Hartwig โ€จโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
You fail to say who owns the house, and what, if any, arrangements you have been living under. Your situation involves major factual and procedural... Read More

common law marriage

Answered 8 years and 6 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You will need to go to court to file to legally change your name.
You will need to go to court to file to legally change your name.

Can my ex-wife refuse to pay health insurance for our children?

Answered 8 years and 6 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Does your decree not specify which of you is to carry it if you both have it available? Does it not address how to handle such a situation depending on cost and coverage? Your decree needs to be reviewed. If it does not contain those provisions, then you may need to modify the decree. And yes, in general, if one can obtain equal or better coverage at less cost then that could become the primary with yours being a secondary insurance, and the contributions paid by each of you appropriately set off.  Based on what you say, you don't have an attorney. That is a big mistake. You really need to get with an experienced family law attorney just as quickly as you can to review the facts of your case and set out a plan to assert your position. Please understand that this site does not allow us to recommend any particular attorney or firm, but I do know what a mess these cases can be having handled many disputed matters. Do your on-line research and look for attorneys experienced in these types of matters. ... Read More
Does your decree not specify which of you is to carry it if you both have it available? Does it not address how to handle such a situation depending... Read More

I need to change my name back to my maiden name in Utah, what are the steps to do this? What county and address do I send it?

Answered 8 years and 8 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You will need to file a petition with the district court where you live.  If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.โ€จโ€จDavid R. Hartwigโ€จโ€จ 801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
You will need to file a petition with the district court where you live.  If you are interested in pursuing the matter further, I off an... Read More
You say you have pending cases, and some kind of a hearing on July 6. You had best get with an experienced attorney to assist you. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.โ€จ Don't wait any longer, give a call and let's getting working to protect your children.โ€จ โ€จDavid R. Hartwig โ€จโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
You say you have pending cases, and some kind of a hearing on July 6. You had best get with an experienced attorney to assist you. Your situation... Read More

CAN A JUDGE ORDER US TO TURN OUR SON OVER TO DCFS IF HE IS THE JUDGE ON A SEPERATE CASE

Answered 8 years and 9 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
From what you are saying, there are at least two matters pending, or 2 cases. Without knowing what the cases are about, or why one judge is involved in a different case, I cannot even guess what is going on. I'm going to need a lot more detail. If there was a protective order, or some such injunction, the signing judge might be able to do something like that. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.โ€จ Don't wait any longer, give a call and let's getting working to protect your children.โ€จ โ€จDavid R. Hartwigโ€จโ€จ 801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
From what you are saying, there are at least two matters pending, or 2 cases. Without knowing what the cases are about, or why one judge is involved... Read More

Paternity check.

Answered 8 years and 9 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
To the limits of my knowledge, it is possible to perform a paternity test while you are pregnant, but it is dangerous and, at least as far as I know, you are not far enough along -- but do check with your doctor. Plus, absent some real medical problem, I don't think he can force a paternity test until the child is born. I am dubious about his obtaining any court orders so far, as paternity issues are not usually handled by the courts until the child is born. Do you have a copy of that order? I'd love to see it. And, when did he serve you with any papers to obtain any court order? What did you respond as to those papers? It appears that he is causing you stress. Is the stress affecting you and the pregnancy. If it is you might want to see about obtaining a restraining order to limit the amount, and content, of his communications with you. If needed, I may be able to help. If you feel bullied, you need to stand firm and not give in. Again, if you feel that you need help in this, I may be able to help. David R. Hartwig 801-486-1715... Read More
To the limits of my knowledge, it is possible to perform a paternity test while you are pregnant, but it is dangerous and, at least as far as I know,... Read More

I have been married for three months. Someone stole my husbands money. Doesn't take his prescribed medications. He's now abusive. Please help

Answered 8 years and 10 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
First, if he is now abusive, you need to protect yourself by going to court to obtain a protective order. There are provisions at court to assist you to file and possibly obtain the initial order for free. Take this step today. Second, it appears that you need to file for a divorce and remove yourself from this person. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.โ€จDon't wait any longer, give a call and let's getting working to protect your children.โ€จ โ€จDavid R. Hartwig โ€จโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
First, if he is now abusive, you need to protect yourself by going to court to obtain a protective order. There are provisions at court to assist you... Read More

i need a form

Answered 8 years and 10 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Sorry, there is no such "form". Your options for protection depend on the type of information shared, the basis for that sharing, and how or why you shared the information. Depending on what it is, you might be about to file suit to prevent further publication, or if, as you say, you are being blackmailed you might be able to file both civil and criminal charges. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จDavid R. Hartwigโ€จ801-486-1715โ€จ... Read More
Sorry, there is no such "form". Your options for protection depend on the type of information shared, the basis for that sharing, and how or why you... Read More

I have a questions on the marriage registration

Answered 8 years and 11 months ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
What is your question?
What is your question?

Can my boyfriend whom jive with wake up one and say get out

Answered 9 years ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
In fact, he can. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จDavid R. Hartwigโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
In fact, he can. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour... Read More
These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จ David R. Hartwigโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without... Read More
Already answered this
Already answered this

I am a pregnant minor, what can I do?

Answered 9 years ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
A lot to any answer depends on your age, and your abilities.
A lot to any answer depends on your age, and your abilities.

Can I file a fault divorce because of a form of adultery and receive alimony if he has already filed.

Answered 9 years ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You are in a real mess, and I am sorry to hear that. You need to get moving very quickly, including fighting the eviction notice. As to the fault issue, you can proceed that way but overall it will not affect any alimony or property settlement. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จ David R. Hartwigโ€จ801-486-1715โ€จdrhlaw@ix.netcom.com... Read More
You are in a real mess, and I am sorry to hear that. You need to get moving very quickly, including fighting the eviction notice. As to the fault... Read More
This appears to be one of three questions relating to the same issue event. First of all, a probate estate needs to be set up and a personal representative appointed. Then that person can pursue any such claims on behalf of the estate. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จ David R. Hartwigโ€จ801-486-1715... Read More
This appears to be one of three questions relating to the same issue event. First of all, a probate estate needs to be set up and a personal... Read More

What do I do, help!???

Answered 9 years and a month ago by Mr. David R Hartwig (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
From what you say, I have doubts that your brother is entitled to everything that he has taken. Has there been a probate case opened to handle your father's estate? Was there a Will? Or, is your brother just grabbing everything without any rights? While I am sorry to hear about your loss, I also don't like seeing people just grabbing things upon the death of a loved one. You need to get this matter reviewed, and assert your rights. And, assuming that what you say is true about the bank account, then that money should be yours. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.โ€จDavid R. Hartwigโ€จ801-486-1715โ€จ... Read More
From what you say, I have doubts that your brother is entitled to everything that he has taken. Has there been a probate case opened to handle your... Read More