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Utah Divorce Questions & Answers
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.

1 Answer | Asked in Divorce for Utah on
Q: Who is the petitioner and which case does the courts look at?

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?

Devin W. Quackenbush
Devin W. Quackenbush answered on May 3, 2017

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.

1 Answer | Asked in Divorce for Utah on
Q: I'm sure my wife is cheating on me with a past boyfriend. Do I gather more evidence or just begin divorce

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

Brian K Jackson
Brian K Jackson answered on May 1, 2017

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 »

1 Answer | Asked in Divorce for Utah on
Q: What information do I need to provide the court to discontinue alimony now that I suspect my ex is cohabitating?

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.

Paul Waldron
Paul Waldron answered on Mar 5, 2017

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.

1 Answer | Asked in Divorce and Child Custody for Utah on
Q: Do I have to always give my ex first pick to watch the kids? And can he record our conversations?
Paul Waldron
Paul Waldron answered on Mar 5, 2017

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 »

1 Answer | Asked in Divorce for Utah on
Q: I am going to file for divorce. My husband didn't work at all this year does he get half of the tax return?
Paul Waldron
Paul Waldron answered on Mar 5, 2017

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 Answers | Asked in Divorce for Utah on
Q: Divorcing after 23 years. Wife makes $4100 gross I make $7400 gross. What to expect for alimony?

2 children will be paying $1200 child support. Wife is keeping home.

Christopher J. Salcido
Christopher J. Salcido answered on Feb 16, 2017

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.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Utah on
Q: Does she have legal recourse if I don't pay?

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 »

Christopher J. Salcido
Christopher J. Salcido answered on Feb 1, 2017

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 »

1 Answer | Asked in Divorce and Child Custody for Utah on
Q: Utah father's rights suspended didn't complete required classes. He wants a visit am I liable for anything if I let him?

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 »

Brian K Jackson
Brian K Jackson answered on Dec 10, 2016

It is a court order so if you go against it you could be found in contempt.

1 Answer | Asked in Divorce, Family Law, Juvenile Law and Adoption for Utah on
Q: I legally adopted a child & the ex has since reintroduced my daughter to her biological dad. Is this illegal?

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 »

Paul Waldron
Paul Waldron answered on Nov 2, 2016

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 »

1 Answer | Asked in Animal / Dog Law, Contracts and Divorce for Utah on
Q: Is a breeder contract my ex-wife signed during our marriage valid if I was awarded the dog in the divorce?

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.

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

It depends. There are probably good arguments on both sides and what the language specifically says in the contract could determine the outcome.

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.

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