adultery Archives

If your life partner has a low IQ, is divorce an option?

November 29, 2022

Abandonment and Desertion, Adultery, Divorce, Extramarital affairs/Adultery, No fault divorce

abandonment, adultery, alcohol abuse, criminal convictions, cruelty, desertion, drug abuse, impotency, insanity, loathsome disease, mental illness, neglect, no-fault divorce

Yes, but not for the reason you may think. In the age of no-fault divorce, you don’t really need to persuade the court to grant you a divorce. Divorce is essentially available on demand. Your spouse’s IQ need not have…

Nix v. Nix – 2022 UT App 83- insufficient evidence of adultery

2022 UT App 83 THE UTAH COURT OF APPEALS JILL NIX, Appellee, v. ROLAND COMPTON NIX JR., Appellant. Opinion No. 20200691-CA Filed June 30, 2022 Fourth District Court, Provo Department The Honorable Darold J. McDade No. 174402122 Seth D. Needs,…

How do I best explain to my daughters that I am divorcing their stepmom?

November 17, 2021

Divorce Utah

Child Custody, Children in Divorce, Divorce, Extramarital affairs/Adultery, Parent Time, Parentage, Stepchildren, Stepparents

adultery, affair, Children in Divorce, divorce problems, domestic case, parenting, stepchildren, stepparents

What is the best way for me to explain to my 3 daughters that the reason in which I am divorcing their Assistant Prosecutor stepmother is because I wouldn’t let her legally adopt them and that I had an affair…

Do courts make awards in divorce to “punish” adultery?

Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court decides matters of alimony, property division, and child custody. I…

I suspect my husband fathered a child with someone else. Can I challenge our divorce ruling?

If I suspect my ex-husband fathered a child with someone else while we were married, can I challenge our divorce ruling? If, by this question, you mean that you are the wife; and you discovered, after you divorced, that your…

What happens after an affair when you have kids?

What happens after an affair when you have kids? I will answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you have had…

Would you divorce your spouse if he/she had a child before marriage without telling you?

Would you divorce your husband if he had a child with his last relationship without telling you? I do not believe that this would, alone, be reason to divorce your husband. He may be a good man who was a…

Is having an affair illegal in Utah? Not anymore.

May 17, 2020

Divorce Utah

Adultery, Utah Code, Utah Law

76-7-103, adultery, repealed

Is having an affair illegal in Utah? It used to be, but as of the 2019 legislative session, it’s not anymore. Adultery used to be a class B misdemeanor. Utah Family Law, LC | divorceutah.com | 801-466-9277

Are irreconcilable differences the same as an at-fault divorce?

No. There are two kind of grounds for divorce: fault and no-fault. Irreconcilable differences are an example of no-fault grounds for divorce. Before no-fault divorce laws were passed (and every state in the United States of America now allows divorce…

Man awarded $750K in alienation of affection suit; his lawyer calls it a moral victory – abajournal.com

October 17, 2019

Divorce Utah

Alienation of Affection

adultery, alienation of affection, alienation of affections, constitutional, divorce, homewrecker, law suit, tort

Click here to go to the story at abajournal.com: Man awarded $750K in alienation of affection suit; his lawyer calls it a moral victory abajournal.com BY DEBRA CASSENS WEISS OCTOBER 7, 2019

Do most marriages end in divorce because of infidelity or money issues?

July 23, 2019

Divorce Utah

Adultery, Divorce Prevention/Marriage Preservation, Infidelity

adultery, commitment, finances, financial strain, infidelity, money, poor, too much money

I think infidelity, IF you define infidelity broadly, meaning not simply adultery but a general lack of commitment to one another. Lack of devotion, care, and consideration for your spouse leads to indifference, then apathy, and eventually, contempt. Finances can…

If someone has an affair with one he/she knows is married, which offense is greater: the adulterer or the home wrecker?

June 19, 2019

Divorce Utah

Adultery

adultery, culpability, fornication, guilt

If someone buys kiddie porn from one who is selling it, who is the worse of the two? Neither. They are both criminals. Two people who knowingly engage in an adulterous affair are both equally wrongdoers. Utah Family Law, LC…

If my spouse cheats, and we divorce will I get custody of my children?

May 1, 2019

Divorce Utah

Adultery, Child Custody, Children in Divorce, Divorce Mistakes, Fathers' Divorce Issues, Infidelity, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

adultery, child custody, infidelity

In response to the question, “If my spouse cheats, and we divorce, will I get custody of the children because of my spouse’s infidelity?,” the answer is unequivocally “no.” No state in the United States awards custody to the cheated-on…

What are some of the major causes behind a divorce?

April 19, 2019

Divorce Utah

Adultery, Divorce Causes

adultery, alcohol abuse, Domestic Violence, drug abuse, financial, incompatibility, infidelity, lack of commitment

Lack of commitment/incompatibility. http://www.divorce.usu.edu/files… Survey: Certified Divorce Financial Analyst® (CDFA®) professionals Reveal the Leading Causes of Divorce “Marriage is a counter-cultural act in a throwaway society.” —Dr. William H. Doherty, noted marriage scholar and therapist Utah Family Law, LC |…

Utah de-criminalizes consensual adultery and sodomy

March 28, 2019

Divorce Utah

Adultery

2019 Utah Legislative Session, adultery, decriminalized, fornication House Bill 40, sodomy, Utah

In Utah, it is no longer illegal for two consenting adults to engage in adultery or sodomy (and fornication may be de-criminalized too) House Bill 40 (2019 Utah Legislative Session) On March 25, 2019, Utah Governor Gary Herbert signed House…

Is having an affair a misdemeanor or a felony in Utah?

March 22, 2019

Divorce Utah

Adultery, Divorce Law, Infidelity

adultery, crime, felony, Idaho, infidelity, Massachusetts, Michigan, misdemeanor, Oklahoma, Utah, Wisconsin

In the jurisdiction where I practice (Utah), the law is: Utah 76-7-103. Adultery. (1) A married person commits adultery when he voluntarily has sexual intercourse with a person other than his spouse. (2) Adultery is a class B misdemeanor. There…

Is adultery a misdemeanor or a felony, or does it depend on the State?

February 15, 2019

Divorce Utah

Adultery

adultery, crime, felony, misdemeanor, Utah

In the jurisdiction where I practice (Utah), the law is: 76-7-103. Adultery. (1) A married person commits adultery when he voluntarily has sexual intercourse with a person other than his spouse. (2) Adultery is a class B misdemeanor. There are…

If somebody’s wife gets pregnant by another man will it be easy for the husband to gain custody of their children?

June 22, 2018

Divorce Utah

Adultery, Child Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Visitation, Women's Divorce Issues

adultery, child custody, custody, parental fitness, UCJA 4-903, Utah Code Section 30-3-10, Utah Code Section 30-3-10 .2

If somebody’s wife gets pregnant by another man will it be easy for the husband to gain custody of their children? In my opinion, 9.5 times out of 10 the fact—standing alone—that the wife got pregnant in the course of…

Can a wife expect a property to be split equally if she cheated?

May 30, 2018

Divorce Utah

Adultery, Alimony and Support, Assets/Debt/Property, Division of Marital Property, Divorce Law, Divorce Preparedness, Infidelity, Marital Property, Men's Divorce Issues, Women's Divorce Issues

adultery, alimony, division, infidelity, marital property, property

Can a wife expect a property to be split between partners if she cheated on her partner in the US (assuming no contract has been signed)? Yes. People who are not divorce lawyers think that courts really hate and really…

Tag: adultery