Common law marriage in Utah

When a man and a woman live together as man and wife, but never go through a marriage ceremony, it is not unusual when they break up for one of the parties to claim that there has been a common law marriage. Although Utah recognizes common law marriage, in Utah, the phrase “common-law marriage” is [...]

By |2018-05-13T19:52:51+00:00April 29th, 2018|Family Law|0 Comments

What grounds should I list for my divorce?

In Utah, you can choose from a number of grounds for the divorce.  The grounds are listed in Utah Code Ann §30-3-1, and they are: (a) impotency of the respondent at the time of marriage; (b) adultery committed by the respondent subsequent to marriage; (c) willful desertion of the petitioner by the respondent for more than [...]

By |2018-05-13T21:30:02+00:00April 29th, 2018|Family Law|0 Comments

What is an annulment?

An annulment is a declaration that your marriage is invalid because of some problem that existed at the time of your marriage.  Once the court enters an annulment decree, you are treated as though you were never married.  Only two types of marriage can be annulled: void marriages and voidable marriages. Void marriages A marriage [...]

By |2018-05-13T21:30:10+00:00April 29th, 2018|Family Law|0 Comments

Child custody and parent time

Custody of children and parent time (which used to be called visitation) is probably the most litigated issues in divorce cases. The Utah Legislature has divided custody into two parts: legal custody and physical custody.  Legal custody determines who has a voice in important decisions about the children, such as religious upbringing, elective medical procedures [...]

By |2018-05-13T21:30:41+00:00April 29th, 2018|Family Law|0 Comments

13 frequently asked questions about divorce in Utah

1. What is no-fault divorce and is it available in Utah? Answer: A no-fault divorce means that the court grants the divorce without making any inquiry or findings into whose fault it is that the marriage is dissolving. Utah recognizes and grants no-fault divorces.  In order to have a no-fault divorce, the party who is filing [...]

By |2018-05-13T20:21:28+00:00April 29th, 2018|Family Law|0 Comments

Utah child custody evaluation process

A custody evaluation takes at least two to three months to complete, and each evaluator conducts his or her evaluations differently. All evaluators will make at least one visit to the home of each parent to evaluate the suitability of the living arrangements.  Most evaluators will have the parents make several appointments with the evaluator [...]

By |2018-05-13T21:31:36+00:00April 22nd, 2018|Family Law|0 Comments

Child custody evaluation process in Utah

If the spouses are unable to reach an agreement on custody and parent time, the judge will probably order them to have a custody evaluation performed.  This involves hiring a psychologist or social worker to evaluate both parents and the children and make a recommendation to the judge on custody and parent time. The evaluator makes his or [...]

By |2018-05-13T21:31:59+00:00April 22nd, 2018|Family Law|0 Comments

Getting Married Again? Calm Your Children with a Prenuptial Agreement

Patty is happy, but her three children are upset because she and Sam are planning a wedding. “Mom, he’s so unlike dad. Are you sure?” Patty’s sure. Patty has been lonely since Jim died. Sam is very unlike her first husband, who was always calm, logical and frugal. Sam Islands, with two more exotic trips next [...]

By |2018-10-11T20:27:35+00:00November 2nd, 2008|Estate Planning, Family Law|0 Comments