Question

Time limit for divorce stipulation? I drew up the papers for our divorce stipulation and emailed my spouse a copy, two weeks ago. He said he still hasn’t looked them over. Is there a feasible time allotment to getting an answer back? How long should I wait? What is the next step after this?

Answer

There are time limits for parties to respond to a divorce petition. However, there is no obligation for your husband to respond to an informal email from you. In order to enforce deadlines, you need to open a new case with the court and serve him with your Petition for Divorce in the way described in Rule 4 of the Utah Rules of Civil Procedure. Once you do that he will have 21 days to respond. If he does not respond, you can ask the court to sign a divorce decree without him response. This is called a default divorce decree. It is better for you to file the petition sooner rather than later because the court cannot, without special permission, sign your divorce decree until at least 90 days after you open the court case. After you file the petition, you have 120 days to serve your husband formally. If you reach an agreement, you may want to click on my blog below called “Enforceable Agreements” for tips on creating a proper order. If you do not agree, you may want to consider mediation and click on my blog link below called “Mediation Tips”.

• Enforceable Agreements
• Mediation Tips

Question:

After signing over parental rights can a visitation order still be instated? Hi, I am divorced from my ex-wife and she has since re-married and has had 3 additional kids to this man. I currently have visitation rights to my daughter and see her every weekend and on school events. My ex-wife is asking me to sign over my rights so that my daughter has the same surname as her brother and sister’s. She is using the ploy that she will stop all support and the back I owe. I have no problem paying the support so the ploy is not a big winner for me. She says an attorney told her that I could sign over my rights, but still have visitation. She claims the visitation can be a court order as it currently is. I believe this is very incorrect and yet another ploy. I love my daughter greatly and do not want to loose my time with her. Can you please tell me if my belief is correct

Answer:

Do not sign over your rights. I would not agree to give up constitutional rights you have to parent your daughter. These are rights you can enforce in court. If you give up your rights voluntarily, you will lose the court’s power to enforce your right to see your daughter. Having the same surname of the half siblings seems like a very technical point, mostly to benefit your ex-wife. I highly doubt your daughter is negatively affected by having a different last name. Anything that keeps her close to her father is most likely to be in her best interest. Your daughter should be able to make the decision of her name when she is an adult. She may want to keep your name. Always consult with an attorney before agreeing to give up some of your rights.

Question:

How do I file for divorce if I do not know all of my spouses information? And, my spouse is uncooperative. We have been separated for years. And now that I am trying to file online I do not know all of his information. I need it in order to fill out the paperwork. I have tried asking my spouse for the information and he will not reply but I am not sure how to file without having the paperwork complete.

Answer:

Generally, the court will allow you to file for divorce even if the information requested for the other party is not provided. I would put “unknown” or give an estimate (on such things as education) as to your spouse’s information or leave it blank. The most important information for your spouse will be the address for work or home so that you can serve the Divorce Petition.

If you do not have an address and he will not provide it, you can file a motion for permission to serve him electronically, as a text image or an email attachment. Once you get into the case, the court will likely order you to mediate. If you cannot afford an attorney, it would be worth your time to pay for an hour of advice. During this hour you can ask questions you have about your rights. You can also click on my blog link below “Mediation Tips” for information when you get to that point.

• Mediation Tips

Question:

What can I do if the opposing party in divorce files fraudulent temp orders from mediation? the orders they have filed have several variations from the agreement we signed in mediation. what can I do? Also, the date they claim we signed it happened long before we met. They told me I must sign them before leaving. The order they filed with the court states that they were entered into freely and voluntarily. What can I file to let the judge know of these things? or should I just take him a letter? (I’ve done this in the past, but then I realized it was put on file).

Answer:

If you agreed to the terms of the stipulation, then it was entered into voluntarily. If you felt pressured to agree to something, it may still be voluntary if you agreed to do it in exchange for another benefit and if you had the advice of counsel. To set aside an agreement, you would have to show duress, which I don’t think you have. You can file an objection to the form of the order within 14 days of the date it was signed by the court. If the order adds something you did not agree to, you should consult with an attorney about this as soon as possible. The court is there to resolve disputes. If you decide to object and if custody is an issue, you should also click on the link below: “Custody Orders”.

• Custody Order

Question

I have a question about a divorce decree Salt Lake City. Can a simple agreement modify a divorce decree / parenting plan if both parents agree in writing? Can a simple email exchange modify a divorce decree / parenting plan or do I need a paper written up with signatures from both parties to modify?

Answer

Parties can modify an agreement orally, by their actions or by a written exchange. If you want to enforce an agreement that was created in one of these ways, you should have good success. However, all of these kinds of agreements leave much open to interpretation. If there are specific items you want to enforce, you should set those out in a written agreement so that there is no ambiguity. If you want a guide for a proposed custody order click on my blog “Custody Order” below.

• Custody Order

Question:

How do I file for Guardian ad Litem in a divorce case? If I apply for a court fee’s waiver and am granted will I have to pay for the GAL? What is the process and how long does it take?

Answer:

Before you ask for a Guardian ad Litem, you should consult with an attorney. Typically, the court appoints state Guardian ad Litems only in cases where there are allegations of abuse. If you have these allegations, the state usually covers these fees. However, aggressive Guardian ad Litems may request fees if the parties are well off. Even if the Guardian ad Litem is paid by the state, there are several considerations you should make.

First, the Guardian ad Litem may add additional cost and complication to the case. Having another attorney involved tends to complicate the issues. Second, the Guardian ad Litem will make recommendations to the court that will carry great weight. You need to consider that the Guardian ad Litem may not make a recommendation in your favor. That will make your case more difficult. Third, Guardian ad Litems do not represent the children’s wishes.

Rather, he or she may make a determination of what he or she subjectively thinks is best for the child. This may be different that what either parent wants for their own child. For example, he may think that the child needs to be in therapy. The court tends to accept such recommendations even if it adds hassle and expense to the parties and even if neither parent nor the child wants to involve a psychologist. Please click on the link below, “Custody Order” for more considerations in your custody order.

• Custody Order

Question

I have a question about disability during divorce. What would happen if I got divorced or separated even though I have a disability? What are my rights? I am a disabled mom of one, and a wife. My stroke happened back in 2007 and now I make up for what I couldn’t do back then now I can take care of my daughter who is now 7 years old.

My Situation

I do have a shortness of breathing and I use a walker and I have a power chair and I have a fear of crossing the street that’s from the stroke but when I use my chair I can cross with no problem. My daughter and I get SSI and if I was to get a divorce or separate I wouldn’t have the money to get a lawyer to help me. I am a strong person and I just want to talk to someone I need help I don’t know what to do I don’t want to lose my daughter because of being a disabled. What I’m afraid of is that my husband will talk about the past about my condition and not the present!

Answer

The court needs to make a determination about your current ability to care for your daughter. The important factors include whether you can take care of her. Do you have a stable home for her? Do you have a close bond with her? Your condition at the time of the stroke may not be relevant to that determination. It could just explain why you are now using a walker. You can expect a court to be very careful to treat you fairly since a parties physical disabilities are not a basis under Utah law to deny you custody. You should ask an attorney to represent you and ask for attorneys fees for your case. If you have questions about what to put in your custody order click on my blog “Custody Order” below.

• Custody Order

Question

Would it be a bad thing for me to have an ORS case opened and how do I obtain custody? I am currently receiving benefits from the state. For me to continue my financial I should cooperate with ORS and open a case on the father of my baby. But workforce does have a good cause where if a person qualifies they can be excused from opening a case with ORS if there is domestic violence involved or anything of the sort. They haven’t established paternity if I open the case.

The paternity hasn’t been established if I open the case with ORS it will be. And recently I’ve had my ex(who is a possibly) threatening me and my baby and saying he is gonna come take her and go to Washington. Where their laws are different and I would have to fight for custody and there is nothing I can do. How long till I have to let them get a paternity. I’m afraid he will try and take her. Should I get custody of her and how do I do that?

Answer:

Definitely, ask the court for a custody order. Until you file with the courts, you do not have custodial rights that you can enforce if he takes the baby. You should also file for a temporary custody order as soon as you file a custody complaint with the court. The court can usually give you a custody order within 30 days. This will fix the jurisdiction in Utah as long as you live here. It will also give you a legal basis to enforce custody. If he is threatening to take the child out of state you may want to ask for travel restrictions. If you click on the link “Custody Order” below, you will have tips on what to ask the court for.

• Custody Order

Question About How Divorce Filing Works:

I have a question about Divorce Filing In Utah. How can I find an attorney? I have two kids and I can’t not see them on weekends. I started sending them 50 dollars a week now.

Answer:

Sending support money without a court order is a show of good faith. It is a good idea to continue sending money for your kids. When you file for divorce, you will likely be ordered to pay back support, so it is good to start now. The sooner you can hire an attorney and file for divorce the better. The court can enter immediate, enforceable parent time orders for you. To get this, you should file a motion for temporary orders when you file for divorce. The court should set a hearing for the end of March. If you have other questions, contact us or click on my blog link “Custody Orders” below. This has a suggested list of request to the court in your divorce action.

• Custody Order

Question About Temporary Order

How long is a temporary order wait in Davis County?

Answer

Temporary orders in Davis County must be heard first by Commissioner Dillon. The first step is to file a Petition for Custody/Divorce. Then you must file a motion for temporary orders and set that on the Commissioner’s calendar. There are several things that can slow you down, but generally, you can have the next available date which is about 4 weeks from filing. Obstacle one: you must serve the petition on the other party at least 21 days before the hearing. Obstacle 2: you must serve the motion 14 days before the hearing. Obstacle 3: you must take the divorce education class before temporary orders if you are getting a divorce. Obstacle 4: the court freely grants one-time extensions to the other party for a good reason. If you have questions on your proposed order compare to the check list in the link “Custody Orders” below.

• Custody Order