Wrong. First, filing for divorce or getting ready to file for divorce does not mandate that one of you move of the house immediately. And while moving out may look appealing to you for many sensible reasons, it can have many dire unforeseen consequences (as we will discuss below). Second, while it may be time... The post My Wife Wants a Divorce, We Have Little Kids, So I Might As Well Move Out of the House, Right? appeared first on Divorce Utah ..read more

Paragraph three of your financial declaration deals with your employment status and income. It requires you indicate whether you are employed, whether you are self-employed, and if you are employed by someone other than yourself, how you are compensated and how often, then to identify your employer and your employer’s contact information, your job title,... The post How to Fill Out Your Utah Financial Declaration (divorce and child custody cases): Paragraph Three. By Braxton Mounteer, Legal Assistant appeared first on Divorce Utah ..read more

I am a divorce lawyer, and in my experience and opinion, most (most, not all, but most) divorce lawyers are not honest with people about what to do in divorce; specifically, what many divorce lawyers say advise, and what they actually do when they find themselves in their own divorce cases are not the same.... The post What Many Divorce Lawyers Advise, and What They Actually Do. appeared first on Divorce Utah ..read more

How often have you and your client met with the opposing party and his/her attorney to discuss the case and try to settle it amongst yourselves? Some family law attorneys literally cannot conceive of discussing settlement in any other setting but mediation. That’s embarrassing. Some family law attorneys are unwilling to discuss settlement in any other setting but mediation. When is the last time you and opposing counsel exchanged settlement proposals (comprehensive or even just bullet points) in advance of mediation, or at least exchanged a list of issues to address at mediation in advance of ..read more

There are many resources available online that explain the difference between equitable distribution and community property, but I like this from the Mississippi Law Journal (Equitable Distribution: Implementing the Marital Partnership Theory Through the Dual Classification System, 67 Miss. L.J. 115, 130–133, Deborah H. Bell (Fall 1997): The primary difference between community property and equitable distribution is illustrated by returning to Linda and Billy Ferguson. During their marriage, Billy’s income was used to acquire and title assets in his name, while Linda’s income was used for livi ..read more

I don’t know in what country you reside, but if you can safely consult with a divorce attorney there, you need to start your research into whether a realistic path to a divorce is possible or can be open to you by consulting with a skilled, experienced divorce attorney. Tell the attorney your situation, give the attorney the information he/she needs to analyze your situation and to determine whether you have viable options and which are the most likely to succeed for you. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/I-want-to-divorce-but-I-have-a-kid-and ..read more

This question is best answered in two parts. Can a husband dictate what his wife “must do” to reconcile with him? Obviously he cannot. Reconciliation is a mutual decision. Even if a wife is willing to anything to stay married to her husband, then in a sense the husband could “set the conditions” (*i.e.*, dictate the terms) for reconciling, it’s still an agreement between the two spouses. This applies equally if the tables are turned and its the wife trying to dictate the terms of reconciliation. Can a couple reconcile (*i.e.*, get back together) even after a divorce action has been filed? Yes ..read more

Paragraph two of your financial declaration details the documents that you must attach to your financial declaration (unless they don’t exist). It is not optional; they are the documents you are required to provide with your financial declaration. – tax returns (both state and federal tax returns) for the two years before your petition was filed, – pay stubs for the 12 months before the petition was filed (so, if your petition was filed in June, your pay stubs should be from May of the year that you filed to the June of last year). – if you do not receive pay stubs to document your e ..read more

On July 11, 2024, the Utah Court of Appeals issued its decision in the case of State v. Lewis (2024 UT App 96). The appellant, Kevin Lewis (Kevin), appealed his conviction for rape, a rape he was accused of committing thirteen years earlier with his then-fiancée (and now ex-wife), Jane[1], while she slept. How Kevin was charged, and why this case went all the way up to the Utah Court of Appeals is a lessons for protective order respondents. To be clear, with my comments I’m neither defending rape nor claiming to know whether rape was committed in this particular case. You can re ..read more

“I want more time with my children.” “Our children want to spend more time with me.” “My ex-spouse does not exercise the time he/she was awarded with our children.” What do I have to do to modify the child custody and/or parent-time award? Many, many Utah parents find themselves a year or so down the road from the entry of their decree of divorce and dissatisfied with the child custody and/or parent-time award they ended up with (whether after settling the case or having gone to trial). They ask what they need to do and what they need to prove to modify the child custody and/or parent-time awa ..read more