Provo Divorce Lawyer Archives - Provo Divorce Lawyers | Utah Family Law Attorneys

Dealing With Abuse and Divorce

Chris Salcido — Wed, 12 Feb 2014 19:44:18 +0000

Unfortunately, many divorces filed in Utah are the result of, or involve, some form of abuse. Often parties to a divorce action are also parties to a protective order, domestic violence charge, or civil stalking injunction. Victim’s of abuse some times put off filing for divorce for fear of how their spouse might respond. While this fear is understandable, a victim of abuse should never put off getting appropriate help and safety. While we are not therapists, law enforcement officers, or abuse counselors, we can provide some general legal information that may be helpful to victims of physical abuse who wish to file for divorce but are worried about their safety in the process.

Contacting Law Enforcement

Of course, if you are ever psychically abused by a spouse, the first step should be to contact the police as quickly as possible. This is especially important if you have children in the home. Your safety and the safety of your children must come first. Do not let fear get in the way of taking this action. Often a no contact order is issued as a result of a domestic violence charge. The system is set up to help the abused spouse and protect them from future harm. You can also contact victim’s services in the area in which you live who can direct you as to the best plan for your safety and the safety of your children.

Filing for a Protective Order

Many victims do not realize that filing for a protective order can put into place an immediate stay away and no contact order protecting you from an abuser. It often makes sense for a married victim to file a protective order prior to or contemporaneously with a petition for divorce. Your spouse will be served by local law enforcement officers with a protective order that can legally order the spouse to stay away from you, any children, your home, school, etc. Your spouse will be given a hearing date to argue a defense but will be temporarily restrained from committing abuses against you. The protective order can become permanent at the hearing if the judge finds evidence of harm, threats of harm, or that harm is likely to occur in the future.

Speaking with a Provo Divorce Lawyer

Speaking with a Provo Divorce Lawyer can help you prepare and take the right steps to get protection from abuse and proceed with a divorce. At our law firm, we offer free consultations and can get you started in the right direction right over the phone. Do not hesitate to give us a call. Your conversation with an attorney is privileged, private, and confidential.

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Fraud and Annulment

Chris Salcido — Tue, 17 Dec 2013 22:49:48 +0000

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

Benny Salcido — Tue, 05 Nov 2013 17:53:09 +0000

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

Benny Salcido — Wed, 02 Oct 2013 16:37:40 +0000

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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Common Law Marriage in Utah

Benny Salcido — Wed, 18 Sep 2013 23:02:30 +0000

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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