Person files for divorce and serves them, spouse after has a lawyer serves him divorce papers under a different case that show filing after. Both cases show different petitioners. Who is the petitioner and who is the defendant as well as which case will the court or judge look at?
In this situation, the two cases should be consolidated with the court and the party to file first should be the petitioner. A motion to consolidate the cases should be filed in both cases. If you feel like you require additional help with this, you should contact an attorney to help you.
I think she has been paying for an apartment for him out of her paycheck as well. He has a criminal record for drugs and I'm worried about her doing drugs with him possibly around our young kids
Now days, if you want a divorce, you can get one granted for about anything. If you feel like it isn't working out, you can get one on the grounds of irreconcilable differences. If you are looking to prove she cheated on you, then that would be an at-fault divorce if you want to prove that... Read more »
My ex wife's boyfriend is there everyday and receives mail at her address. Our divorce stipulation states that if she remarries or cohabitates then alimony discontinues. She denies to my daughter that he is living there despite him being there every day and night and moving out of his apartment.
Under current Utah law regarding alimony and cohabitation, you likely have to prove that she is cohabiting "in a marriage-like relationship." If it is a Utah case, you should consult with a Utah lawyer and discuss the additional particular facts of your case.
Whether or not you have to give your ex first pick to watch the kids depends on the custody and parent-time orders in your case. You need to read that order and any statutes referenced by the order to determine this issue. A quick appointment with an attorney with those documents should answer... Read more »
The legal answer is always, "It depends". Generally any income earned during the marriage is marital property, which would include any overpaid taxes that would result in a tax return refund. Consult with an attorney to discuss the particulars of your case.
2 children will be paying $1200 child support. Wife is keeping home.
The primary factors for alimony are as follows: length of marriage, your ability to pay, your spouse's need. Feel free to contact me to discuss details.
My kids mom is attending school and asked my wife and I for help with childcare last year and we rearranged our work schedules at a cost to us, to accommodate her classes. This year she added some classes/ days and has again asked that we help. We agreed to help but asked that she pay $5/wk for... Read more »
The answer is likely yes but we would need to review the terms of your decree to be sure of what your responsibilities are here. You may want to take the issue to the judge since it sounds like your decree favors personal child care over surrogate and it seems absurd she would choose day care at... Read more »
Are there any legal ramifications if I let him see his son when the court has suspended his parental rights for not completing his required parenting classes? He will make my life difficult if I say no and claim he did the classes which he hasn't. But if there will be liability or trouble with... Read more »
It is a court order so if you go against it you could be found in contempt.
I have (2) children with her, divorced in '14. The ex has refused to let me see my children and makes it a nightmare when I have called. So this was in Utah and I had since moved to Arizona. I legally adopted one and had one natural with her. She has since reintroduced my adopted daughter to... Read more »
This is illegal. Unless or until there is a court order prohibiting the mother from reintroducing your daughter to the biological father, the mother (your ex-wife) can continue to do so. Your legal option is to file a court action to request the judge to prohibit the contact, but you will have to... Read more »
Seller is trying to take the dog back from me stating the contract says if the breeder can not care for the dog the seller has the right to reclaim.
It depends. There are probably good arguments on both sides and what the language specifically says in the contract could determine the outcome.
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 »
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.
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 »
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 »
You can ask for it in the temporary orders that she pay for the rent for the months she was living there.
my month income is 2,600 she put that i make 3,300
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.
That is up to your parents. If they don't agree, the controlling court order decides what your parents should be doing.
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 »
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 »
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 »
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.
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.
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.
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.
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.
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?
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 »
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