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Utah Divorce Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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 and obtain everything you need to get it done.

1 Answer | Asked in Divorce and Family Law for Utah on
Q: I just received a judgment from the State of Utah on my ex husband. Is there a way to obtain this without an attorney?
William Melton
William Melton answered on Jun 10, 2020

Are you just looking for a copy of a judgment? Send me an email so we can talk.

1 Answer | Asked in Divorce, Civil Litigation, Civil Rights and Domestic Violence for Utah on
Q: I need a lawyer criminal divorce and 2civil case, I'm disabled and need one that will work with me on the fees

St. George ut.

William Melton
William Melton answered on Jun 10, 2020

Send me an email and I would be happy to talk to you about your case.

2 Answers | Asked in Estate Planning, Divorce, Real Estate Law and Arbitration / Mediation Law for Utah on
Q: How to protect home in the event of future disputes. As always, things are well between us. But thinking forward.

I am purchasing a home and have the mortgage, and purchase contract under only my name. I have been in a relationship for 11 years with the same women - she is contributing 5% towards our 15% down-payment.10% coming from me. All mortgage payments made will come from a bank account solely under my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 2, 2020

This calls for a tenancy in common agreement. A good real estate attorney can help you with this.

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1 Answer | Asked in Car Accidents and Divorce for Utah on
Q: I was in a car accident Saturday but I need some answers for questions regarding the car which was in my divorce
Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

you didn't state your question. If you caused the wreck and the car is going to your wife, you need to speak with your lawyer if you do not have comprehensive coverage that will pay for the damage to the vehicle.Talk to your divorce lawyer about that end of it.

1 Answer | Asked in Divorce for Utah on
Q: Can a ex spouse get equity on a house that they both owned and have been divorced since 2008.

The divorce decree states that she had 90 days from april 30 2008 to get a appraisal and he has 30 days and neither of them have done this. She she was the equity in the house that wehave been paying for for 12 years.

Lane Wood
Lane Wood answered on Mar 20, 2020

Your question is going to be fact intensive. I don't think I have enough information here to fully answer your question. The terms of your decree will likely govern. However, there may have to be some adjustments based upon a 12 year delay. I would recommend taking a copy of your divorce... Read more »

1 Answer | Asked in Divorce and Family Law for Utah on
Q: I was mailed an order from my ex husband that does not have a judge’s stamp or signature. Is this even valid?

This is for an order on order to show cause. My incorrectly spelled maiden name is also on it (and everything was filed with my married name). The certificate of service also does not have an address on it or my ex’s signature. This is in Utah.

Lane Wood
Lane Wood answered on Mar 5, 2020

Generally a court order will have an electronic signature stamp at the top right corner. If you have a question about whether or not it is valid, your best bet would be to call the Court to confirm. You could also do a consultation with an attorney who could check the docket online to give you... Read more »

3 Answers | Asked in Divorce, Family Law, Adoption and Child Custody for Utah on
Q: Can my ex's sister, temporary guardian of our 16 month old daughter, legally restrict my visitation?

She has had our daughter temporarily for 7 months while we have fallen on hard times. We signed over temporary guardianship. He and I broke up and he's now at ODYSSEY house trying to get into the parent program with our daughter. Once she is there, the program will determine visitation. In the... Read more »

Lane Wood
Lane Wood answered on Feb 16, 2020

I’m sorry that you are going through these problems with your daughter. Any time you are dealing with custody issues, I suggest having an attorney. The initial decision is crucial and you want to make sure it is done right. It is always harder to change down the road.

Generally speaking,...
Read more »

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1 Answer | Asked in Divorce for Utah on
Q: Hello, Can I get a clarification or what 30-3-35 (2) (E) (I) means exactly?

I am the noncustodial parent. Im wondering if this applies to the current school vacation my daughter is on for Christmas and new years. My daughter's last day of school before the vaca was Dec 20th and she goes back to school on Jan 6th. That's a total of 17 days. I'm not... Read more »

Lane Wood
Lane Wood answered on Dec 27, 2019

The holiday schedule for Christmas and that statute will not overlap. The Christmas parent-time schedule includes the entire time the kids are off school. The statute you cite would apply to days without school that fall outside the designated holiday parent-time but are connected to it.... Read more »

1 Answer | Asked in Divorce for Utah on
Lane Wood
Lane Wood answered on Dec 16, 2019

In Utah a divorce can be granted on the grounds or irreconcilable differences (no fault) or various fault based grounds. The statute for the "no fault" divorce is Utah Code section 30-3-1(3)(h).

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