Marital Debts Archives

When are my ex’s things deemed abandoned?

I was awarded the house in the divorce. My ex’s things are still here and he/she won’t pick them up. When are they deemed abandoned? Utah Code § 67-4a-201 provides, in pertinent part that property is presumed abandoned if the…

Why is it so easy to get married, and so hard to get divorced?

Why is it so easy to get married, and so hard to get divorced? Shouldn’t it be the other way around? This is a perceptive question. It would not not be that hard to get divorced if you were to…

Beckham v. Beckham, 2022 UT App 65

2022 UT App 65 THE UTAH COURT OF APPEALS VICKI BECKHAM, Appellee, v. RANDALL BECKHAM, Appellant. Opinion No. 20200935-CA Filed May 19, 2022 Third District Court, Salt Lake Department The Honorable Barry G. Lawrence No. 194901020 Ben W. Lieberman, Attorney…

Knowles v. Knowles – UT App 47

Knowles v. Knowles – UT App 47 THE UTAH COURT OF APPEALS DUANE CROFT KNOWLES, Appellant, v. CELIA FERN KNOWLES, Appellee. Opinion No. 20200032 Filed April 7, 2022 Second District Court, Farmington Department The Honorable David R. Hamilton No. 174700123 …

Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate

January 17, 2022

Divorce Utah

Alimony and Support, Appeal, Assets/Debt/Property, Attorney Fees, Business Interests, Business Valuation, Coping With Divorce, Court Orders, Court Rules, Division of Marital Property, Divorce, Divorce and Taxes, Divorce Attorneys, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Equity, Evidence, Expert Witnesses, Extramarital affairs/Adultery, Family Law, Finances, Findings of Fact and Conclusions of Law, Husband's or Wife's Business, Infidelity, Judges, Justice and Equity, Lawyer Fees, Legal System, Marital Debts, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Modification of Alimony, Modification of Decree of Divorce, Personal Property, Procedure and Evidence, Property Division, Real Estate/Real Property, Spousal Support, Spouse's Business, Taxation, Utah Code, Utah Court of Appeals Decisions, Utah Law, Valuation, Women's Divorce Issues

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2022 UT App 5 THE UTAH COURT OF APPEALS CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee. Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022 Third District Court, Salt Lake Department The Honorable Su Chon No. 104904966 Michael D.…

Sanders v. Sanders – 2021 UT App 122

2021 UT App 122 THE UTAH COURT OF APPEALS KRISTINE L. SANDERS, Appellee, v. TRAVIS JAMES SANDERS, Appellant. Opinion No. 20200618-CA Filed November 12, 2021 Third District Court, Salt Lake Department The Honorable Todd M. Shaughnessy No. 014901182 Grace Acosta, Attorney for Appellant Steven M. Rogers,…

Fischer v. Fischer – 2021 UT App 145 – marital vs. separate property

THE UTAH COURT OF APPEALS GARY LEE FISCHER, Appellant, v. MELISSA KAY FISCHER, Appellee. Opinion No. 20200557-CA Filed December 30, 2021 Seventh District Court, Moab Department The Honorable Don Torgerson No. 184700047 Steve S. Christensen and Clinton R. Brimhall, Attorneys…

Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures

Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures By Quinton Lister, legal assistant My minimal exposure to the legal profession as a legal assistant to a divorce attorney has given me the opportunity…

What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married?

What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married? It is possible to get an agreement like a prenuptial agreement…

My spouse opens accounts in my name, forges my signature. How to stop it?

My spouse opens accounts in my name, steals checks, forges my signature. How do I get my spouse to stop? Without telling me, my spouse opens store accounts in my name, steals my checks, forges my name on my checks…

What would happen if there were no alimony or splitting assets in divorce without kids?

May 11, 2021

Divorce Utah

Alimony and Support, Best Interest of the Child, Children in Divorce, Coping With Divorce, Court Orders, Division of Marital Property, Divorce, Divorce Causes, Divorce Costs, Divorce Court, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Prevention/Marriage Preservation, Fathers' Divorce Issues, Finances, Husband's or Wife's Business, Marital Debts, Marital Estate, Marital Home, Marital Property, Men's Divorce Issues, Mothers' Divorce Issues, Pension, Personal Property, Retirement Benefits, Spousal Support, Spouse's Business, Termination of Alimony, Women's Divorce Issues

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That is an interesting question. Before I answer it, know this: anyone who is motivated to marry on a “what’s in it for me?” basis and who stays married motivated by a “what’s in it for me?” basis is likely…

Financial infidelity plagues many households, led by millennials

Guest post: https://www.bankrate.com/finance/credit-cards/financial-infidelity/ Financial infidelity plagues many households, led by millennials By Ted Rossman Ted Rossman’s Twitter profile Mar. 19, 2021 / 3 min read At Bankrate we strive to help you make smarter financial decisions. While we adhere to strict editorial integrity, this…

Married a short time. He demands discovery going back years. Can he?

Married a short time. He demands discovery going back years. Can he? Married 16 months. He became abusive almost immediately after. I filed for divorce. He and his attorney is requesting bank statements and my previous divorce information -real estate…

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you succeed? Probably not. Unless you can prove (not persuade, but…

What are ways divorcees reach a mutual agreement when splitting up their assets?

What are ways divorcees reach a mutual agreement when splitting up their assets? What they often do (but shouldn’t): rationalize and justify their greed and pettiness in advancing their “arguments”* for why they should get what they want. This results…

Utah Divorce Case Timeline Summary

November 30, 2020

Divorce Utah

Amicable Divorce, Assets/Debt/Property, Attorney Fees, Coping With Divorce, Court Rules, Discovery, Divorce, Divorce Attorneys, Divorce Costs, Divorce Court, Divorce Education and Orientation Courses, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Education, Evidence, Family Law, Findings of Fact and Conclusions of Law, Legal System, Marital Debts, Marital Estate, Marital Home, Marital Property, Mediation, Men's Divorce Issues, Pension, Personal Property, Preparing for Divorce, Settlement, Utah Court Rules, Utah Law

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Utah Divorce Case Timeline Summary The greatest influence on how long a divorce case takes is usually how much and how severely the parties fight over the issues. The more they fight and the more things they fight over, the…

Brown v. Brown – 2020 UT App 146 – marital vs. non-marital assets

2020 UT App 146 THE UTAH COURT OF APPEALS JERRY V. BROWN, Appellant, v. YVONNE A. BROWN, Appellee. Opinion No. 20190543 Filed October 29, 2020 Fourth District Court, Provo Department The Honorable Derek P. Pullan No. 154403120 Julie J. Nelson,…

Do I owe my spouse of just a few months anything in divorce?

October 7, 2020

Divorce Utah

Alimony and Support, Coping With Divorce, Court Orders, Divorce Costs, Divorce Fears, Divorce Preparedness, Marital Debts, Marital Estate, Marital Property

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When a young couple divorces after only a month of marriage, should there ever be an expectation that one party owes anything to the other, even if they lived with one set of parents and never had their own place?…

Can one spouse or the other avoid paying taxes on a joint tax?

Can one spouse or the other avoid paying taxes on a joint tax? Tax law does not require married couples to file joint income tax returns simply by virtue of being married. So there is no such thing as a…

Can you legally allow a relative to live in a property you own, rent-free, for years?

April 23, 2020

Divorce Utah

Alimony and Support, Child Support, Marital Debts, Spousal Support

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Can you legally allow a relative to live in a property you own, rent-free, for years? Today’s question is (and I’m serious, it’s a real question from a real person; I didn’t make this up): Can you legally allow a…