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Utah Divorce Questions & Answers
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.

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. William@melton.law

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. William@melton.law

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
Q: YES I AM GETING DIVORCE HUSBAND KICKED ME OUT AND NO TRYING TO DO A NO FAULT
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).

1 Answer | Asked in Divorce for Utah on
Q: how much does it cost for a trial in a divorce case ?
Lane Wood
Lane Wood answered on Dec 16, 2019

The answer to this question is very fact dependent. The cost of trial will depend largely upon the numbers of exhibits, numbers of witnesses, and issues in your particular case. I recommend talking with attorneys well in advance of trial as you will also need to ensure that pretrial disclosures are... Read more »

1 Answer | Asked in Divorce for Utah on
Q: What exactly are the alimony requirements or laws in salt lake city Utah?
Lane Wood
Lane Wood answered on Dec 16, 2019

Alimony is not a black and white area of the law. Alimony is generally based upon the needs of the receiving spouse and the paying spouse's ability to pay. If you are fighting for or against alimony, I recommend having an attorney on your side.

1 Answer | Asked in Child Custody and Divorce for Utah on
Q: I just finalize my divorce and my ex has parent time but I have a protected oder against him with no contact at all.
Lane Wood
Lane Wood answered on Dec 16, 2019

You should contact an experienced attorney about this issue. You will want someone to review both the Decree of Divorce and the Protective Order and advise you on how those 2 orders interact. Without seeing both orders, it is impossible to tell you what you can and cannot do moving forward.

1 Answer | Asked in Divorce and Child Custody for Utah on
Q: Need to find a family law attorney asap to represent myself in divorce invil ing a child born in the marriage not by hus

Husband and I did not live together between 2006 and 2016 never reconciled and he wants custody of second child not his he ordered child support for but he never paid cuz she's not his kid and claimed her on his taxes four yrs in a row and I want this resolved. Custody returned to her natural... Read more »

Brian Craig
Brian Craig answered on Jul 8, 2019

This sounds like a complicated matter where you need an experienced family law attorney. The best interests of the child test governs child custody matters. You can find lots of family law attorneys here on Justia.

1 Answer | Asked in Child Custody, Divorce and Family Law for Utah on
Q: I need to get a separation and don’t know where to start? Worried about income differences?

My husband has anger issues, pornographery issues w/cross dressing. Is it possible for me to file for a legal separation and somehow demand that he complete therapy before having overnight visits with our kids? Also, since I make more money, do I have to pay him?

T. J. Jesky
T. J. Jesky answered on Sep 24, 2018

Generally speaking, those who choose legal separation instead of divorce is usually based on religious beliefs, a desire to keep the family together legally for the sake of children, or the need for one spouse to keep the health insurance benefits that would be lost with a divorce.

A...
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1 Answer | Asked in Immigration Law and Divorce for Utah on
Q: Can I go to my adjustment of status interview without my wife?

Hello!! I’ve really concerned about a couple things that are going on in my life right now. So, talking to a friend of mine. My concerns came up and he suggested me this place. So, I would love to ask you a couple questions and give you a little idea of what’s going on. Anyways, here is the... Read more »

Carl Shusterman
Carl Shusterman answered on Apr 28, 2018

Since your wife is sponsoring you for a green card, it is required that both of you attend the interview.

1 Answer | Asked in Divorce for Utah on
Q: If my divorce is final and it states that I take back my maiden name can I change my mind and keep my married name?

My ex husband is saying he is going to file an order to show cause if I do not cahange my name. Dose he have grounds to do so ?

William N. Sosis
William N. Sosis answered on Jan 23, 2018

That's ridiculous, unless you're abusing his name by doing something that causes him irreparable harm, orders to show cause are for emergent relief only. He may however file a motion to enforce the judgment. You should contact an attorney for a free consultation.

1 Answer | Asked in Child Custody, Child Support and Divorce for Utah on
Q: My boyfriend is finally getting a divorce from his ex does she have a right to say I can’t be around the kids? Legally.

He lives with me and so it is pretty hard for me not to be around them

Paul Waldron
Paul Waldron answered on Oct 18, 2017

Legally, it will depend on the terms of the court orders. Generally, a former spouse cannot control who the other former spouse allows to be around the children, but it depends on what your boyfriend may agree to as divorce settlement. Unless you are an ax murderer, drug abuser, child abuser,... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Utah on
Q: Which of the following am I entitled to if I file for divorce?

My husband has been unfaithful during our 5 and a half year marriage, we have one child and I am currently pregnant with number 2. His car is paid off, our 2nd car is a lease under both of our names. He has a house where he is a "co-applicant" but he is on the loan and the title of the... Read more »

Devin W. Quackenbush
Devin W. Quackenbush answered on Jul 10, 2017

You should have a good strategy for your divorce case. Finding the right lawyer for that can be daunting. Most lawyers will allow you to have a free consultation to determine whether they would be a good fit for your case. Feel free to reach out to a lawyer's office to see if they offer a free... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Utah on
Q: My ex owes me over $99,000 in back child support. He lives in Utah and inherited a lot of money. California won't help.

What can I do to get what is owed?

Louis George Fazzi
Louis George Fazzi answered on May 23, 2017

If you have a judgment for the child support in California, you can enforce it in Utah. You will need a Utah attorney to help you collect that debt.

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