Angela Law’s Answers

Angela Law

Riverton Family Law Attorney.

Contributor Level 7
  1. How do i file a divorce when my husband lives in mexico

    Answered over 2 years ago.

    1. Angela Law
    1 lawyer answer

    First, you must determine which state has jurisdiction for the divorce. If Utah does, then you can have him stipulate to a divorce and the terms, file documents, and he will not ever have to return to Utah absent a violation of the Decree.

    3 lawyers agreed with this answer

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  2. How long in the state of Utah do you have to be married to qualify for spousal support?

    Answered over 2 years ago.

    1. Angela Law
    1 lawyer answer

    There is no set time to be married to qualify; however, their is a test to deterimine whether alimoney can and should be paid. It is mainly a showing to the court of your standard of living during the marriage, your need, both your financial positions. There are some other statutory factors the court will consider too, and the fact that you stayed home and were reliant on him will certainly help but they will also consider your earing ability if you have higher education. You will only qualify...

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  3. Court order in place, strong armed into signing a exchange agreement and notarized it, will it hold up in court?

    Answered over 1 year ago.

    1. Angela Law
    1 lawyer answer

    Generally, contracts will be upheld unless you can "prove" an affirmative defense, such as duress or other common law defense. However, child support belongs to the child, not the parent, so the parent (or grandparent) cannot contract away the child's right to that support. There is also a legal "standing" issue for grandpa...he has no say in the paternity/custody/support case. That means that the parents cannot agree to NOT collect support or to assign it to someone else. The child, once of...

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  4. Civil demand letter from Kohls.

    Answered about 2 years ago.

    1. Angela Law
    2. Pamela Koslyn
    3. Bryant Keith Martin
    4. Benjamin J Lieberman
    4 lawyer answers

    There is a huge difference between Criminal Charges and Civil matters. They can still take you to civil court (small claims if under $10K) and prove to the Judge (lesser burden in Civil Court) that you stole. I would send them a copy of the Order of Dismissal from the Prosecutor's office and tell them to leave you alone. If they keep bothering you, then tell them to take you to court and PROVE you stole something. Obviously, the Prosecutor didn't think they had enough to move forward. Good luck.

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  5. Can a mother claim child support if the fathers name doesnt appear in the birth certificate?

    Answered over 2 years ago.

    1. Angela Law
    1 lawyer answer

    Each State has their own set of child support laws; however, case law and statute does determine which state is the "home state" of the child. That is where the case should be filed. Generally, that means where the child has resided for 6+ months, or if under 6 months of age either where born or has the most significant ties to the state. Home state jurisdiction is very complicated and fact specific. Also, any mom can declare paternity with ORS (Office of Recovery Services) and have them...

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  6. How do I protect my children from their father?

    Answered over 2 years ago.

    1. Angela Law
    2. Anthony Michael Saunders
    2 lawyer answers

    You have several options you can discuss with your attorney. I do not know where you are in your divorce but you can get a custody evaluation and a temporary order of custody with supervised visitation at Willwin or Rennisance (not at his home). Other options are: child protective orders D.C.F.S. report

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  7. Can I move out of state without being in contempt?

    Answered over 2 years ago.

    1. Angela Law
    2. Michael Brooks Ipson
    2 lawyer answers

    If "moving" is not addressed in an order, then typically U.C.A. 30-3-37 applies by default. As long as you comply with the statute, do not violate any court orders, and your child will not be in danger you should be fine. Your child's non-custodial parent could contest the move and it is possible that the court could make you pay the costs of travel for visitaiton since you made the choice to move. I reccommend that you make every effort to see that your child sees the other parent once you...

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  8. Who is responsible for paying for the divorce if the spouse has cheated and is now living with the girlfriend ?

    Answered over 2 years ago.

    1. Howard M Lewis
    2. Angela Law
    3. David Alexander Browde
    3 lawyer answers

    Typically, each party is responsible for their own costs and fees. However, the Court can order by Utah Statute that a party at fault (contempt or fault based divorce) or a party who has the means (the other stayed at home) may be forced to pay attorney fees. The problem is that the payment is on the back end after trial. The Court will ususally "reserve" the issue pending trial. Payment can be made by liquidation of assets also (with Court permission). I suggest bring a fault based...

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  9. I have to go to court for some charges and need to know when I go will there do a warrant check?

    Answered about 2 years ago.

    1. Angela Law
    1 lawyer answer

    In most cases, yes, they will check. However, if it is only an FTA or ticket they may not want to go to the trouble of detaining you for that agency. You can arrange ahead of time to do an "arrest & release" in that other county so that the warrant is recalled. If you need to speak with counsel to assist you in setting this up you can contact Greg S. Law for a free consultation.

    1 lawyer agreed with this answer

  10. Can my attorney legally go in the court room and say shes guilty, and i think she does drugs, and i think she needs a drug eval

    Answered about 2 years ago.

    1. Angela Law
    1 lawyer answer

    If your attorney truly did threaten you, then you should file a complaint with the State Bar. You can find information on how to do that at www. utahbar.org. Keep in mind that there is a difference between advising you about the harsh consequences of a conviction and a "threat." Also, an attorney can withdrawal for any reason, but should not use this to force you to settle so he/she does not have to do more work on your behalf. If you can afford private counsel to help you with this you...

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