Fraud and Annulment

Posted on December 17, 2013 by Chris Salcido

Probably the most common grounds for annulment are related to fraud or misrepresentations that go the heart of the marriage. While the annulment laws in Utah allow a party to seek an annulment for all kinds of strange reasons such as being related to a certain degree to your spouse, already being married, and others, most people find themselves seeking an annulment because their spouse lied to them about something significant prior to the marriage. Moreover, usually the lie/misrepresentation was purposeful and the spouse would not have consented to the marriage had they known the truth.

Specific Types of Fraud

There are several instances where a court might find sufficient grounds to issue an annulment based on fraud. Here are some examples of fraud claims we have pursued and been successful on in the past:

  • Unable to have children. Utah courts have issued annulments where one party was incapable of producing children and know about that fact, but lied to the other spouse or even failed to disclose such a thing.
  • Criminal History. Some individuals have successfully received an annulment where they were able to prove their spouse lied about having a significant criminal history. If your client lied or concealed the fact they had committed a terrible crime and served prison time, you may be eligible for an annulment.
  • Financial Matters. We have seen cases in which one spouse lied to the other about their horrific state of financial affairs prior to marriage. In some cases parties lied to their spouse about the fact they were in debt to the tune of hundreds of thousands of dollars or more.
  • Psychiatric and Medical Issues: You might be able to get an annulment if your spouse lied to you about a serious psychological or medical issue.

There are many other fraud based claims that may qualify for an annulment. We have handled numerous annulment matters over the years. If you would like to seek an annulment based on fraud but are not sure if you qualify, we can help. Annulments can be complex and are not easily filed even if they are uncontested. It is best to have a Provo Divorce Lawyer represent you to give you the best shot of getting this entered by a judge.

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An Alternative to Divorce in Utah: Petition for Conciliation

Posted on November 5, 2013 by Benny Salcido

What Happens When One Person Does Not Want Divorce?

Divorce lawyers serving the Provo area are often asked what happens when one person doesn’t want a divorce and won’t sign off on divorce papers.  The short answer is that it doesn’t matter because it is a judge in a Utah District Court who signs and grants a divorce.  When a person does not want to get divorced that person can only delay the divorce process; he/she cannot stop the process.  Divorces are achieved quickly when both people agree to the terms of a divorce.  One thing a person can do if he/she does not want a divorce is by having a Utah Family Law Attorney filing a petition for conciliation.

Petition for Conciliation in Utah

A petition for conciliation is a legal procedure governed by Utah Code 30-3-16.2 and is an alternative to divorce.  This law allows for either spouse to file a petition in a Utah District Court “for the purpose of preserving the marriage by effecting a reconciliation between the parties or an amicable settlement of the controversy between them …”  The petition my be filed before the filing of a divorce, annulment, or separate maintenance case.

Once a petition for conciliation is filed, the matter is referred to the court’s domestic relations counselor and the parties can be ordered to attend counseling to work out the controversy.  When the petition is filed, it can prohibit either spouse from filing a divorce, annulment, or separate maintenance action for up to 60 days.  If a divorce, etc., has already been filed, the pending family law matter can be stayed for 60 days with the filing of a petition for conciliation.  Though conciliation petitions are not often used, they can be a useful remedy for a spouse seeking to save a marriage.  Those considering a way to save their marriage should talk to a Provo Divorce Lawyer about conciliation.

Contact a Provo Divorce Lawyer Today

If you want to save your marriage and are involved in a divorce, annulment, or separate maintenance proceeding, or if such a proceeding is imminent, contact a Provo Divorce Lawyer today.  A Provo Divorce Lawyer will file a petition for conciliation and help you save your marriage.  Contact an attorney today at 801.800.8247.

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Enforcing Your Divorce Decree | Provo Divorce Lawyer

Posted on October 2, 2013 by Benny Salcido

Unfortunately, it is not uncommon that people get divorced and then one of the parties later decides to stop following the provisions of the decree. Sometimes there is a change in circumstances which justifies a party’s lack of adherence to the decree. Other times the party in violation of the decree just simply stops performing their duties with no justification at all. Either way, the decree is a court order that can be enforced until the court issues another order changing it. If your ex spouse stopped paying child support or alimony, stopped facilitating your parent time, or otherwise refuses to follow any of the court orders in the divorce decree, you have options.

Order to Show Cause

To enforce your decree of divorce, you will need to file a motion for order to show cause. In your motion you can request your ex be held in contempt, perform certain obligations, and even be required to pay your attorney fees for bringing the action. The court will issue an order to show cause requiring your ex to appear in court and explain a defense if any. There is a certain legal process you have to go through. In addition to the motion, you need to file an affidavit supporting your allegations. Moreover, your ex will need to be properly served with the documents including the order to show cause with the date and other information for the hearing. It gets a little complicated so it can be very helpful to have a Provo Divorce Lawyer represent you in the process.

Get Help

Many people do not realize they have options for enforcing their divorce decree. In fact, many people sit idly by while their ex refuses to perform their legal obligations with no consequence. Don’t let this happen to you. We can help get exactly what you are legally entitled to under the provisions of your decree. Call us today for more information.

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Protective Orders and Divorce

Posted on September 27, 2013 by Benny Salcido

A common scenario we often see with clients contacting our firm is a married couple that is having marital problems and starting down the path to divorce get in a huge fight and shortly thereafter a protective order is filed. Sometimes the protective order is valid and one of the spouses is legitimately in fear because of the other spouse and in other cases the protective order is simply being used to get back at the other spouse and get them kicked out of the house.

Consolidating Cases

In some situations it is important to fight for the protective order and keep the parties away from each other for both of their protection. However, in cases where the protective order was maybe used for other reasons the best resolution is to come to an agreement that you’ll deal with your differences, your division of property, and other concerns in a divorce. Protective orders are far too often misused and instead of fighting for something that should never have been requested you can have a restraining order placed in your divorce decree that in most cases deals with all the issues that the party who filed the protective order was concerned with in the first place.

Provo Divorce Attorney | Serving All Your Family Law Needs

Whether you’re dealing with a protective order, a divorce, or both; the lawyers at Divorce Lawyer Provo can help. We work in all areas of central utah and have helped hundreds of family law clients in all types of cases. We understand that family law issues can be emotional and we strive to help relieve our clients stress over the case by helping them understand every aspect of it. We offer free consultations so give us a call right away, in most situations we can answer your questions right over the phone in a matter of seconds, so call us today.

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Common Law Marriage in Utah

Posted on September 18, 2013 by Benny Salcido

Utah doesn’t have a common law marriage process so to speak as some other states do. Rather, you can petition a court to recognize your relationship as a marriage even though you may not have ever had an actual marriage ceremony. In Utah we refer to this process as seeking judicial recognition of a relationship as a marriage. To initial the process you must file a petition with the court and be able to prove the following:

  • Both you and your partner are of legal age and capable of giving consent;
  • You are both legally capable of entering a marriage (neither one of you are already married, or related, etc.);
  • You have lived together (no specific time required);
  • You treated each other as if you were married;
  • Held yourself out as man and wife.

If you can prove all of the conditions exist, you might succeed in court in having your relationship recognized. Of course it is much easier if the other party does not contest and agrees to have the relationship recognized. More often than not, however, one party does not agree and the petitioning party brings the action after the parties breakup. Another important issue to keep in mind is that a petition must be brought during the relationship or within one year after the relationship terminates.

The Requirement of Consent

The law in Utah requires that the parties must have consented to the relationship as a marriage. This is often where the court battle ensues. One party often argues they never consented to a “common law marriage” while the other party argues consent in one of the following ways:

  • Proof of a written agreement;
  • Testimony of witnesses who can attest to an agreement;
  • Joint bank accounts;
  • Joint ownership of property;
  • The woman taking the man’s last name or joint children taking the man’s last name;
  • Filing joint tax returns;
  • Referring to each other as being married;
  • Declaring each other as married in certain legal documents.

If the petitioning party can prove any of these circumstances existed, they have a real chance at proving consent and succeeding in the action. To have your particular circumstances reviewed by Provo Divorce Lawyer, call or email us right away.

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