Jurisdiction Archives

How difficult is it to get a divorce from a spouse who has disappeared?

How difficult is it to get a divorce from a spouse who disappeared +10 years back? No note, no trace, no explanation. If you urgently need to remarry, what processes would one need to prepare for? I can’t speak for…

What is MyCase and why should I care?

September 5, 2022

Divorce Utah

Divorce Law, Family Law, Jurisdiction, Justice and Equity, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law

Divorce Court, domestic relations, family law, family law case, MyCase, self-service, software, system, Utah, Utah law

MyCase is an online system developed by the Utah State Courts system that you can sign up for free of charge and use in your family law case and certain other kinds of cases, but because this is a divorce…

How do you protect your assets from divorce, lawsuits, etc.?

How do you protect your assets from divorce, government confiscation, lawsuits, garnishments, or seizure? Best way: own nothing. The government (in all its forms) cannot seize from you that which you do not own. Downside: when you own nothing, you…

Do you think it’s fair for a non-custodial parent to pay more child support?

Do you think it’s acceptable for the non-custodial parent to have to pay more child support because the custodial parent chooses to barely work or not work at all? Generally, no, it is not acceptable. In the jurisdiction where I…

Can someone legally move out without notice and turn off utilities?

August 18, 2022

Divorce Utah

Dirty Tricks, Divorce Law, Family Law, Jurisdiction, Justice and Equity, Legal System, Utah, Utah Code, Utah Law

dirty tricks, ex-husband, ex-spouse, ex-wife, litigation, moving out, separation, utilities

The judge finalized our divorce a month ago. My ex-husband decided to move out without any notice and then he turned off all utilities service. Can he legally do that without saying anything? It depends upon 1) the rules and…

Is it illegal for a lawyer to charge their ex client for a copy of their case file?

August 16, 2022

Divorce Utah

Jurisdiction, Justice and Equity, Lawyers, Legal System, Utah, Utah Law

attorney, law practice, lawyer, legal professional, professional, Rules of Professional Conduct, Utah, Utah law, Utah Supreme Court

Is there anything illegal about a previous lawyer wanting to charge their ex client for a copy of their case file? I can’t answer for all jurisdictions, but in Utah the answer is: If you were previously given your case…

Is it possible to get court transcripts for custody hearings?

Every jurisdiction is different regarding which court hearings are open to the public and whether recordings of their proceedings are available to the public or even to the parties’ themselves. Every jurisdiction is different regarding how court proceedings are recorded…

What are the primary concerns in determining parenting issues? Why?

What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections of the Utah Code when making a legal and physical…

Are divorce records public?

I cannot speak for all jurisdictions, but for the jurisdiction where I practice divorce law the answer is “yes”. See Utah Code § 30-3-4(2)(b): §30-3-4. Pleadings–Decree–Use of affidavit–Private records (b) If the court finds that there are substantial interests favoring…

How easy is it to change your child’s last name?

I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law (Utah): Here are the applicable Utah Code sections: 42-1-1. By…

In re Adoption of E.M.F. – 2022 UT App 43 time in which to appeal

In re Adoption of E.M.F… – 2022 UT App 43 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF E.M.F. AND M.S.F., PERSONS UNDER EIGHTEEN YEARS OF AGE. S.S. AND B.S., Appellants, v. J.F., Appellee. Opinion No.…

Do I need to show up for court if I was never served papers?

February 24, 2022

Divorce Utah

Court Orders, Court Rules, Judges, Jurisdiction, Lawyers, Legal System, Utah, Utah Code, Utah Court Rules, Utah Law

attorneys, court, court papers, judges, lawyers, legal system, notice of hearing, rule of thumb

Do I need to show up for court if I was never served papers? I live in South Carolina. I cannot speak for or about the jurisdiction of South Carolina because I practice law in Utah (so you need to…

State v. Redden – 2022 UT App 14 – protective orders – enhanced penalties

January 31, 2022

Divorce Utah

Abuse, Domestic Violence, Jurisdiction, Protective Orders, Utah Code, Utah Court of Appeals Decisions, Utah Law

10 years, class A misdemeanor, commits, convicted, crime, Domestic Violence, enhancement, offense, third degree felony, Utah Code § 77-36-1.1(2)(c)

2022 UT App 14 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellant, v. JOEL CHANCE REDDEN, Appellee. Opinion No. 20200700-CA Filed January 27, 2022 Fifth District Court, Cedar City Department The Honorable Keith C. Barnes No. 191500842 Sean D.…

How can you win with the abduction of your own children? I took my children to New Zealand without the permission of the father.

I don’t know the laws of New Zealand, but I can tell you this: morally, you have no right to do that, unless, perhaps, you absconded with the children to prevent their father from killing them or from causing serious…

2019 UT App 201 – Bradshaw v. Pelley-Whelan – UCCJEA

January 13, 2020

Divorce Utah

Child Custody, Custody, Jurisdiction, Utah Code, Utah Court of Appeals Decisions, Utah Law, Utah Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

§ 78B-13-102(7), § 78B-13-201(1), § 78B-13-204, 2019, 2019 UT App 201 Bradshaw v. Pelley-Whelan, December 12, findings of fact, home state, No. 20181003-CA, UCCJEA, Utah Uniform Child Custody Jurisdiction and Enforcement Act

2019 UT App 201 – Bradshaw v. Pelley-Whelan THE UTAH COURT OF APPEALS CAIRO BRADSHAW, Appellant, v. CHRISTOPHER PELLEY-WHELAN, Appellee. Opinion No. 20181003-CA Filed December 12, 2019 Third District Court, Salt Lake Department The Honorable Royal I. Hansen No. 174906242…

If a wife goes abroad without her husband knowing, can her husband be able to divorce her?

June 20, 2019

Divorce Utah

Divorce Law, Divorce Preparedness, Jurisdiction

divorce jurisdiction, initiate divorce, spouse goes abroad

If by your question you are asking whether a man can initiate divorce proceedings against his wife after she leaves the country without any indication that she intends to return, the answer is yes, he can file for divorce. His…

2018 UT App 224 – In re Adoption of B.N.A. – wrong district court

May 31, 2019

Divorce Utah

Adoption, Appeal, Jurisdiction, Utah Code, Utah Court of Appeals Decisions, Venue

2018 UT 24, adoption, jurisdiction, State v. Stewart, subject-matter jurisdiction, Utah Code § 78B-6-105(1)(a), Utah Code § 78B-6-124(1)(b), venue

2018 UT App 224 – In re Adoption of B.N.A. THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.N.A., A PERSON UNDER EIGHTEEN YEARS OF AGE C.E.L., Appellant, v. T.L. AND A.L., Appellees. Opinion No. 20180316-CA…

Can a Utah court exercise jurisdiction over my divorce, even if I don’t live in Utah?

December 6, 2018

Divorce Utah

Divorce Law, Divorce Procedure, Jurisdiction

divorce jurisdiction, foreign state, long arm jurisdiction, out of state

Yes, under certain circumstances. If you are a non-resident and Utah can still exercise jurisdiction over your case, this is referred to as “long-arm jurisdiction”. The statute which submits non-resident parties to Utah’s jurisdiction is found in Utah Code §78B-3-205.…

Which state has jurisdiction over a child custody dispute?

October 19, 2018

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce, Jurisdiction

If a divorce and custody case were finalized in one state and the custodial parent and the children move to another, which state should the future custody disputes need to be filed in? Here is how that question would be…

What are residency requirements for divorce?

April 20, 2018

Divorce Utah

Divorce Law, Jurisdiction, Residency

A friend left her home in MI due to domestic violence to stay in PA with relatives in the months since. Which state would handle her petition for spousal support, MI, or PA? I cannot answer as to which state…