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

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…

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Who gets the house, if one of us had an affair?

After 1.5 years trying to reconcile after my wife's 5 year affair, we are ending our 20-year marriage. Despite two teenage kids and her being a stay-at-home mom, she had…

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Sandusky v. Sandusky – 2018 UT App 34 (23-Feb-2018) – bifurcation, separation agreement, court discretion

2018 UT App 34 THE UTAH COURT OF APPEALS KYLEE J. SANDUSKY, Appellee, GEORGE A. SANDUSKY, Appellant. Opinion No. 20160131-CA Filed February 23, 2018 Third District Court, Silver Summit Department…

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I was awarded the house in my divorce, but my ex has refused to sign the deed. The mortgage is only in my name. What can I legally do?

I was awarded the house in my divorce, but my ex has refused to sign the deed. The mortgage is only in my name. What can I legally do? My…

Continue ReadingI was awarded the house in my divorce, but my ex has refused to sign the deed. The mortgage is only in my name. What can I legally do?

Is the money I earn at my job during the marriage marital property?

Are my earnings from my job that I earned during the marriage marital property? Almost certainly. Black’s Law Dictionary defines “marital property” as follows: Property that is acquired during marriage…

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My bank account was subpeonaed. Will the bank share business account transactions or only personal account?

My bank account was subpeonaed. Will the bank share business account transactions or only personal account? In Utah, where I practice law, here’s how the bank will respond to the…

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DeAvila v. DeAvila, 2017 UT App 146 (August 10, 2017) – what is marital property? – how is marital property valued?

DeAvila v. DeAvila, 2017 UT App 146 (August 10, 2017) ----------------------------------------- THE UTAH COURT OF APPEALS CRISTY DEAVILA, Appellant, v. PERICLES DEAVILA, Appellee. ----------------------------------------- Opinion No. 20160024-CA Filed August 10,…

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White v. White – 2017 UT App 140 (August 3, 2017) – division of marital assets – homestead exemption – proper service

White v. White - 2017 UT App 140 (August 3, 2017) - division of marital assets - homestead exemption - proper service THE UTAH COURT OF APPEALS DEAN WHITE, Appellant,…

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MacDonald v. MacDonald, 2017 UT App 136 (August 3, 2017) – modification of alimony – unforeseeable circumstances

MacDonald v. MacDonald, 2017 UT App 136 (August 3, 2017) THE UTAH COURT OF APPEALS KIRKPATRICK MACDONALD, Appellant, v. LEE ANNE MACDONALD, Appellee. Opinion No. 20150785-CA Filed August 3, 2017…

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Guide to Succeeding in Divorce While Reducing the Time and Costs

Contents If you are the victim of serious or escalating domestic violence, get help and get to safety first. 2 Advance Planning, If You Have That Option. 2 Gather in…

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Dividing Military Pensions and Benefits – Part 3 – Other Benefits.

In Dividing Military Pensions and Benefits Part 2, we covered formulas for splitting retirement pay for services members recommended by the Uniform Services Former Spouses’ Protection Act (USFSPA).[1] With this…

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Dividing Military Pensions and Benefits – Part 2 – Formulas for Dividing Military Pensions

In Dividing Military Pensions and Benefits Part 1 we covered what Uniform Services Former Spouses’ Protection Act (USFSPA)[1] is and how it applies to you if you or your spouse…

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What to Do (not how to do it—that’s for a different article) Do to Negotiate Settlement in Divorce Successfully

The value of settlement comes in resolving the dispute faster and more inexpensively than the litigation route. In most (not all) cases, it is better to compromise than to win…

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Artificially modifying income: Why efforts to trick the court about your income usually will not work

Near countless hours have been spent fighting over how much alimony or child support parties should pay and receive in a divorce action. While in Utah the legislature has established…

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