The Utah Supreme Court approved a new automatic injunction to prohibit and require certain actions within the context of a divorce proceeding. This Rule (Utah Rule Civil Procedure 109) is now effective and triggers against the petitioner (party who files the case) upon filing of the divorce action. The injunction triggers against the respondent when the respondent is served with the signed order pursuant to Rule Read More
Utah Divorce Automatic Restraining Order – Rule 109. Injunction in certain domestic relations cases.
Military Protections in Divorce
There are two sources of protection for our military personnel. One source is the United States Code (Service Members Civil Relief Act) found in 50 USC §§ 3901 - 4043. The other is the Utah Service Members’ Civil Relief Act found in Utah Code Annotated §§ 39-7-101 to 119, which applies only to National Guard when mobilized by the Governor. Typical protections offered by either one or both of the preceding Read More
Adjustment of Alimony in Utah Divorce
Alimony can be adjusted in Utah This information below is for informational purposes only. Attorney Brian Arnold offers a free consultation. Please call 801-475-0123 or email Brian at arnold@arnoldwadsworth.com. Alimony Adjustment If there is already a decree of divorce signed by a district court judge that orders alimony it can be adjusted once a substantial change in circumstances has occurred that could affect Read More
Arnold, Wadsworth & Coggins Divorce Case Update
Arnold Wadsworth & Coggins is the premier divorce and family law firm in Salt Lake City. Below we keep you up-to-date on recent case law. We take creative and strategic approaches that are customized to your case. Call today for a free consultation. (801) 475-0123 Ouk v. Ouk 2015 UT App 104 Facts: Were divorced in 2009 Husband appeals decisions on distribution of marital property, child support Read More
Alimony Case Law Update 01/30/2014, Kidd v. Kidd and Allen v. Allen
UPDATED: January 30, 2014 Kidd v. Kidd, 2014 Utah App 26 Below is a synopsis of the recent Utah Appellate Court ruling in Kidd v. Kidd. Although, at a glance the district appeared to make a number of decisions that were unfounded or in deviation of proper legal standards, the Appellate court found that the District Court actually considered the evidence in totality and gave a significant amount of credits to the Read More
Fault and Alimony in Utah Divorce
Fault and its effect on divorce is always a hot topic. We have a lot of our divorce clients that ask our family law attorneys about the effects of fault in their divorce. Usually, these questions revolve around infidelity, or alcoholism. This question can also be related to drug use, and/or a history of abuse. Utah recently enacted legislation that defines fault so that the District Courts when assessing fault as it Read More
Woolums v. Woolums 2013 UT App 232
Woolums v. Woolums 2013 UT App 232 Evidence necessary to prove expenses for Alimony The appellate court reiterated that rule in Utah that a party need not provide documentation to substantiate every part of his or her financial declaration and/or needs. This court has disavowed the notion that “standard of living is determined by actual expenses alone.” Howell v. Howell, 806 P.2d 1209, 1212 (Utah Ct. App. 1991). The Read More
