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Utah Divorce Questions & Answers
1 Answer | Asked in Divorce for Utah on
Q: I have been verbally, emotionally, and physically abused by my spouse. In looking at a divorce, do i have to pay alimony

I have been verbally, emotionally, and physically abused by my spouse. In looking at a divorce I am wondering if I have to pay him alimony since I make a lot more than him and he is going to school. Also, would we have to split the house or could I get the house in the divorce? My pay pays for 90%... Read more »

Brian K Jackson
Brian K Jackson answered on Oct 28, 2016

You are both entitled to half the equity, but there is more than one way to settle a divorce depending on the assets. There are ways you can prove that he wouldn't be entitled to alimony or less alimony such as what you have described above.

1 Answer | Asked in Divorce for Utah on
Q: Can I stop my ex-husband's girlfriend from visiting my child in his classroom?

We have been divorced for about 3 years. His girlfriend recently moved in with him. She has developed an unhealthy relationship with my 14 year old daughter - encourages her to lie to me and do things she isn't allowed to do, etc. She moved her kids to the same school my younger kids go to.... Read more »

Brian K Jackson
Brian K Jackson answered on Oct 28, 2016

You're the legal guardian so if you are concerned for their safety and well-being then you can make decisions on their part to protect them within the bounds of the law. The first step would be to talk to her or your ex and explain the situation or the teacher of the class and explain to them... Read more »

1 Answer | Asked in Divorce for Utah on
Q: My wife moved out, we will get a divorce soon. What are her obligations and options for paying her share of rent?
Brian K Jackson
Brian K Jackson answered on Jan 29, 2016

You can ask for it in the temporary orders that she pay for the rent for the months she was living there.

1 Answer | Asked in Divorce for Utah on
Q: ors child support has me paying a certain amount can my wife put a higher amout on divorce papers to get more from me

my month income is 2,600 she put that i make 3,300

Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

Your question is a bit unclear. You may need to ask the court or ORS to modify child support. It will help if you produce your proofs of income when the court makes its decision.

1 Answer | Asked in Divorce for Utah on
Q: If it's not my dads weekend do I have to go
Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

That is up to your parents. If they don't agree, the controlling court order decides what your parents should be doing.

1 Answer | Asked in Divorce for Utah on
Q: Custody, support, interstate issues with a VERY broad decree.

Divorced in Minnesota, 50/50 physical, joint legal. I moved to Utah. Kids stayed with dad. They are now 8 and 9. My son moved here a year ago and daughter a month ago. They were not stable in Minnesota as their dad is having issues. He agreed to me having them solely but will not pay child support.... Read more »

Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

I think Minnesota might retain jurisdiction so long as somebody from the original divorce decree still lives there. In some cases, it may be possible to change that to Utah, but it could become complicated. It sounds like the only way to get him to pay support is to officially change custody and... Read more »

1 Answer | Asked in Divorce and Family Law for Utah on
Q: Need help understanding Utah Section 30-3-35.

My ex-wife and I have agreed to follow Section 30-3-35 in regards to parent visitation. Now she is throwing a fit because I told her that first part of Christmas break includes all of Christmas Eve and Christmas Day. I have told her that exchange should take place on the day half way through... Read more »

Clinton R. Brimhall
Clinton R. Brimhall answered on Jan 5, 2016

It appears that (2)(f)(viii) says 1 PM on the day that is halfway into the break and explicitly contemplates that parent having Christmas Eve and Christmas Day.

1 Answer | Asked in Divorce for Utah on
Q: My ex husband and I have been separated since 2007. He signed the divorce papers back then, he moved to Kentucky in a ne

New relationship. I would like to marry again. What do I do to finish this divorce up? He was very abusive I'm scared of him. I do not wanna make him sign again. We were only married 3 years no kids. Please help.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 21, 2015

You say that "he signed the divorce papers"? Were these papers filed with the court?

One would need further information. I suggest that you ask the clerk of court what still needs to be done to finalize the divorce case.

1 Answer | Asked in Divorce for Utah on
Q: My ex and I were never married but we have a house together. Who gets the house now that we have split?

We have been together 7 years and have two kids together. I have tried to be civil with him but he keeps acting like a child. If I move out he will lose the house, but if he moves out I would be fine. He refuses to leave and I don't want to keep living with him.

Brian K Jackson
Brian K Jackson answered on Sep 7, 2015

It would be good to talk to an attorney about your situation. A lot can do with the language in the deed and who is in it, but there are also different legal aspects involved since you were never married to look at to see who gets what and how much.

1 Answer | Asked in Divorce and Family Law for Utah on
Q: Can you change your child support amount if you have children more often that stated in divorce decree?

My husbands divorce decree states he has his two boys 4 nights a month and that's what his child support is based on. For the past 5 yrs we have had them 13-15 nights per month. Can we get the child support changed to reflect having them about half the time?

Brian K Jackson
Brian K Jackson answered on Sep 7, 2015

It's good to get an attorney on board for a situation like this. If there is a change in circumstance the child support can be changed, but you would need to consult with an attorney to talk about the specific facts of your case and your options. There are a lot of moving parts changing... Read more »

1 Answer | Asked in Divorce and Family Law for Utah on
Q: My wife took my child out of state, filed for divorce. Could the court make her live in Utah so I can see my child?

The child is 2 months old and I would like to be able to hold her and feed her and those sorts of things.

Robert Jason De Groot
Robert Jason De Groot answered on Sep 4, 2015

Probably yes, but you need to get an attorney on your side.

1 Answer | Asked in Divorce and Family Law for Utah on
Q: My estranged husband just got engaged

I filed for legal seperation, it hasn't been signed yet. We have been apart for a year. He just got engaged to another woman and is trying to have another baby. We made a marital agreement 10 yrs ago when our last born child was boen, NOT to have anymore children, with his permission to my... Read more »

Jefferson S Cannon
Jefferson S Cannon answered on Sep 1, 2015

I assume you are asking if there is a way to stop him from having another child but you may be asking something else. First off my condolences on your situation and the passing of your daughter. Second, it would be almost an impossible legal battle to force your estranged husband to not have... Read more »

1 Answer | Asked in Divorce for Utah on
Q: I have taken care of my husband he has just been released to go back to work he has over come cancer and now he wants

to be single I have not worked in 6 years and I lost a home and car due to marrying him and now this am I entitled to anything?

Craig L. Pankratz
Craig L. Pankratz answered on Mar 4, 2015

Whether you are entitled to anything depends on the circumstances surrounding your marriage. Generally, property is split as equally as is possible. Alimony is available in Utah depending on your standard of living during marriage, your ability to earn enough to live at that same standard of... Read more »

1 Answer | Asked in Divorce for Utah on
Q: Can my spouse divorce me from Mexico while I am in Utah
Spencer Richard McMullen
Spencer Richard McMullen answered on Jul 30, 2014

Yes the spouse can start the process in Mexico but to serve you properly will be a bit of a hassle and expensive due to needing a letter rogatory and having to translate the papers and follow the guidelines of the Hague Service Convention

1 Answer | Asked in Divorce for Utah on
Q: When do the details of the divorce petition become binding? is it at time of filing or once the Judge has signed it?
Cory Hundley
Cory Hundley answered on Dec 25, 2013

This is a tricky questions that depends on the specific circumstances of your divorce. Generally, the decree of divorce is binding when it is signed and entered by a judge. However, in many cases, a judge will back date the effective date of the order to the date the petition was filed, or in the... Read more »

2 Answers | Asked in Divorce for Utah on
Q: My divorce was final in September 2012. My ex-husband is now breaking our verbal agreement. What can I do?
Jason F. Barnes
Jason F. Barnes answered on Jan 14, 2013

It depends entirely upon the facts and circumstances. You are welcome to call my office to discuss the matter in further detail assuming we do not have any conflicts with the parties.

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1 Answer | Asked in Divorce for Utah on
Q: Is my former spouse required to help with school registration fees in addition to child support?

We've been divorced for 18 months and I didn't think of this originally so it's not in the divorce decree. He does pay the court ordered child support but refuses to help with the annual registration fees in public school. I have 2 kids in high school and 2 kids in elementary. The HS... Read more »

Michael B. Ipson
Michael B. Ipson answered on Mar 19, 2012

The divorce decree is what is controlling in these situations. If it is not included in the decree then you would need to petition to modify in order to get it added. If it is included you would need to file an order to show cause. There very well may be some language in the decree stating that... Read more »

1 Answer | Asked in Divorce for Utah on
Q: Can I find out if divorce papers are being filed on me
Jason F. Barnes
Jason F. Barnes answered on Jan 11, 2012

Yes. Call the District Court where you reside and your spouse resides as well if in a different district. The Assist. Court Clerk will be able to tell you whether a case has been filed against you.

1 Answer | Asked in Divorce for Utah on
Q: Are divorce cases on the district court docket in Utah
Jason F. Barnes
Jason F. Barnes answered on Jan 11, 2012

I am not sure that I understand your question entirely, but without much more information here you go... In Utah we have two different types of District Courts, State and Federal District Courts. State District Courts have exclusive jurisdiction for divorce cases and so yes, divorce cases are on... Read more »

1 Answer | Asked in Divorce for Utah on
Q: Can i be forced to bifurcate my divorce in utah?
Jason F. Barnes
Jason F. Barnes answered on Jan 11, 2012

The Court can do this if they want, so yes you can be forced by the Court to have your case bifurcated, but that does not mean that you will not be able to weight in on the issue before the Court makes its decision. You are welcome to call my office to discuss the matter in further detail. However,... Read more »

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