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Utah Divorce Questions & Answers
0 Answers | Asked in Divorce for Utah on
Q: Is it possible to get my half of my ex-husbands pension (accrued while married) even though the time lapsed? long ago

I was suppose to request the half of my ex-husbands retirement within 30 days of our divorce (5 years ago), but I was so mentally drained, (and my lawyer at the time didn't point that out either or follow up on it) I failed to remember to do that. A few months later I realized my mistake,... View More

1 Answer | Asked in Divorce and Family Law for Utah on
Q: Do I have any claim to the proceeds of the sale of my (soon to be ex) husband's house, where I am listed on the title?

He sold the house 6 months ago, and is holding on to all of the proceeds. We are about to go through a divorce. He is claiming that I have no right to that money. Is he right? My name was on the deed and title.

T. Augustus Claus
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answered on Dec 20, 2023

In Utah, if your name is listed on the title and deed of your soon-to-be ex-husband's house, you likely have a legal claim to a share of the proceeds from its sale, even if the sale occurred before the divorce proceedings. The fact that your name is on the title indicates ownership interest in... View More

1 Answer | Asked in Divorce, Estate Planning, Family Law and Arbitration / Mediation Law for Utah on
Q: I want to protect my assets before a divorce by creating a trust. Should I have a trust before or after the divorce?

Is creating a trust the best option to protect my assets before a divorce in Utah? If yes, should I have my trust before or after the divorce? What options I have to minimize the loss of my assets in Utah?

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 17, 2023

If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you... View More

1 Answer | Asked in Business Law, Divorce and Family Law for Utah on
Q: If my wife helped me with my business and we get divorced am I obligated to keep paying her if she no longer helps?

The business license is in my name. She is considered an employee on taxes. I can do everything without her help. She can't operate the business without me. Its a strictly labor based business. Small home based business. Just us 2 working the business.

Wesley Winsor
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Wesley Winsor
answered on Nov 6, 2023

Is she an owner of the business or just an employee? If she is an owner than every time you take an owner's draw she needs an equal amount distributed to her. I would have thought that the divorce decree would have addressed this issue. If it hasn't addressed this issue, then here are... View More

1 Answer | Asked in Divorce and Family Law for Utah on
Q: Do we need to make a financial disclosure to get a divorce in Utah? We have no children, no property.

A basic divorce, you go your way and I go mine.

Jeremy R Miller
Jeremy R Miller
answered on Feb 27, 2023

No. You can file a petition, pay the fee, wait 30 days (or apply to waive the waiting period), then file the agreement (called a stipulation) and final documents with the court. This website can help you prepare your documents, or you can hire an attorney to draft them.... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Utah on
Q: Ex filed for reduced child support. He was making 88k a year, was fired twice, now makes 44k. Is his potential 88k/yr?

My ex husband just filed for a modification to his child support payment. He will pay nothing after this modification. He has been fired from multiple jobs in the last year. He originally made 88k when we divorced. Can I argue that his potential income is 88k, but that he is trying to earn less to... View More

Mike Branum
Mike Branum
answered on Jan 26, 2023

You can and you should argue that he is "willfully underemployed." He will need to explain the reasons for being separated from those jobs. If the Court determines he has the capacity to earn the 88k, they should leave the child support intact.

If you have not retained competent...
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1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Utah on
Q: Can dating someone with traffic misdemeanors effect child custody?

Im going through a divorce its been 9 months waiting. I fell in love with someone who has misdemeanors for dumb traffic things. He had some stuff in his teens. Hes changed and wanting to be a fireman or go into marines to be a combat medic. Im worried that my Ex husband who is not a good guy might... View More

Aric M. Cramer
Aric M. Cramer
answered on Sep 30, 2022

This is not a criminal law question. You need a family law specialist.

1 Answer | Asked in Criminal Law and Divorce for Utah on
Q: In Utah: Dvrce pndng in MT, X tells my son has a Court Order to take a truck owned b4 we were married - criminal?

RECORDED claiming she has a Court Order (ridiculously false) to take a truck originally titled to my dad, changed to me b4 marriage, she knows I've put $thousands in it, just painted it and am I'm selling it - and makes this claim. Attempted theft by deception?? What about claiming a... View More

William Melton
William Melton
answered on Sep 16, 2022

You should report it to law enforcement. I suspect they will tell you it's a civil matter(it's not, but that's how they get out of dealing with it), but I would still make the police report.

1 Answer | Asked in Divorce for Utah on
Q: Am I entitled to a portion of my wife's house even though it's in her and her mom's name

It was purchased while we were together but not married yet

Paul Waldron
Paul Waldron
answered on Jun 28, 2022

As always, it depends. What was the arrangement between your wife and her mother in the purchase of the home, did your wife use premarital money to make payments towards the home (taxes, maintenance, mortgage, etc.) during the marriage, or did you have a premarital or postmarital agreement... View More

1 Answer | Asked in Divorce for Utah on
Q: In the state of Utah do you get alimony for 15 yr marriage ? When spouse makes over 100,000 dollars
Chase Van Oostendorp
Chase Van Oostendorp
answered on Feb 23, 2022

Alimony is dependent on:

1. The paying spouse's ability to pay;

2. The receiving spouse's need for alimony;

3. The marital standard of living; and

4. Length of the marriage.

Alimony is very much a case by case analysis. I suggest you talk with a...
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1 Answer | Asked in Tax Law, Divorce and Family Law for Utah on
Q: How should my children be claimed each year on tax forms with my ex.

I have 2 children under 18 and one adult completely disabled child (21) for whom I provide the majority of support. My ex thinks we should be taking turns each year claiming either the disabled child or both minor children. It is my contention that we should be splitting the two minor children and... View More

Mike Branum
Mike Branum
answered on Feb 10, 2022

There is no "law" on this issue. It is a matter of what the parties agreed to at the time of divorce. Your decree should indicate how the children would be claimed on taxes. If there is no provision for child support for the adult child, then you would be entitled to claim the adult child... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Foreclosure for Utah on
Q: Getting back money from soon to be ex husband he took her checks and put it in a bank account without her name on it

She works a full time job and he took 30000 that she was paid from her job and a settlement and put it in an account with only his name on it, and she is only asking for half but he is telling her he is keeping it all. He won't give her a penny of it. He also cheated for 13 years.

Aric M. Cramer
Aric M. Cramer
answered on Nov 22, 2021

Contact a family law attorney for help.

2 Answers | Asked in Divorce, Family Law, Immigration Law and Adoption for Utah on
Q: Is there a US citizen requirement for adopting a stepchild?

I am a non-US citizen. My partner is an American biological father. His daughter is 6. Can I adopt his daughter after marrying him?

Jason F. Barnes
Jason F. Barnes
answered on Sep 21, 2021

Great question. We have some answers. Give us a call 801-546-3874 and ask to speak with Attorney Jason Barnes.

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Utah on
Q: My ex wife accessed my Facebook account tonight without permission. Will cops do anything?

Will this affect our custody agreement at all? Is she likely to be changed with anything?

Mike Branum
Mike Branum
answered on Aug 17, 2021

Law enforcement is highly unlikely to be interested in taking your case to the prosecutor and, even if they did, the prosecutor is even less likely to be willing to press charges.

There is even less likelihood that the Court responsible for your family law matter would consider this grounds...
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1 Answer | Asked in Divorce for Utah on
Q: After 43y married husband (66yr) and I (63)yr are divorcing. How many years of support can I expect realistically?

My husband recently told me he can retire anytime he likes and he is not required to pay me anything except 1/2 of his military retirement and also a portion of his social security. He then informed me that he intends to keep working, perhaps starting his own business or consulting but I would... View More

Lane Wood
Lane Wood
answered on Feb 19, 2021

The answer to your question really depends on the specific facts of your case. By law, the Court can award support up to the length of the marriage. In your case, that is very unlikely. Where he is around retirement age, Alimony can become difficult if someone does retire. However, if he does open... View More

1 Answer | Asked in Divorce for Utah on
Q: I am seeking a divorce. My "husband" owes me $1000.00, my name is on his car title and I need to get off his title

He is upside down on the car and has ruined my credit due to his late payments. In spite of that, he recently bought himself a new truck. What can I do to get my name off of the car?

Lane Wood
Lane Wood
answered on Aug 21, 2020

With there being a loan on the vehicle, the only way that you can remove your name is through a refinance. Within the divorce decree, you will want to make sure that he is required to refinance the car to remove you from it.

Having said that, if you are going through a contentious divorce,...
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1 Answer | Asked in Divorce and Animal / Dog Law for Utah on
Q: What is needed to prove ownership of a dog in Utah?

I am going through a break up. We bought a dog together. Luna is licensed under my name in the state of Utah, and all Of her vet/medical/microchip stuff is all under my name as well. Does this make her legally my dog? Or is there more to it than that?

I want to add that we purchased the... View More

Lane Wood
Lane Wood
answered on Aug 19, 2020

Since you posted this question in the divorce section, I am going to assume that you are married and going through a divorce. If that assumption is incorrect, the answer may be different. In Utah, dogs are considered personal property under the law. The presumption is that all property (including... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Utah on
Q: My ex husband is taking my daughters to Florida next week. With Covid cases spiking there, is there any way to stop him?

My girls are 14 and 16. They are flying and staying in Florida for a week. I object to this, but is there any legal way for me to stop him from putting them, and my family here at risk?

Mike Branum
Mike Branum
answered on Jul 10, 2020

No. Even if you could get a hearing scheduled, which is unlikely, I cannot imagine a court enjoining your husband from travel with the children which is otherwise allowed by the existing agreement.

Side note: there have been virtually zero deaths in patients under 21. Unless your family in...
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1 Answer | Asked in Divorce for Utah on
Q: I filed for divorce and paid the fees and just received the receipt in the mail with his signature stating he received

The papers. What is my next step?

Brian Craig
Brian Craig
answered on Jul 8, 2020

After the respondent is served, the respondent then files an answer. Next, the parties will be required to submit disclosures under Rule 26.1, including the financial declaration. The parties can then try to reach a settlement agreement, or stipulation on all issues. If there are children, the... View More

1 Answer | Asked in Divorce and Family Law for Utah on
Q: married in CA for 8 months, Legally separated now for over 10 years, need to complete divorce, both in agreement.

Both looking for easiest and cheapest option to complete this, No children or assets, just need to get done.

Mike Branum
Mike Branum
answered on Jun 23, 2020

If one of you has lived in Utah for at least 90 days and you both are in agreement with no assets or children, you should be able to go to https://www.utcourts.gov/howto/divorce/ and obtain everything you need to get it done.

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