Brian Elliott Arnold’s Answers

Brian Elliott Arnold

Ogden Divorce / Separation Lawyer.

Contributor Level 14
  1. Default - Family Law

    Answered almost 2 years ago.

    1. Brian Elliott Arnold
    2. Russell D Gray
    3. Ronna L. Deloe
    3 lawyer answers

    You can only file a default if you have proof of service, or if they accepted service in writing. I would call the clerk and make sure you have all the final paperwork completed or call an attorney for a free consultation to better ascertain your situation.

    Selected as best answer

  2. In Utah, is it "normal" to award retirement division arrears?

    Answered 5 months ago.

    1. Brian Elliott Arnold
    2. Diana J Huntsman
    3. Darrin K. Johns
    4. Christopher J. Salcido
    5. Troy R Jensen
    5 lawyer answers

    This can be answered in a lot of different ways, and without seeing the exact language on your Decree this is difficult. From a technical standpoint her portion of your retirement does not change in that her amount is figured and can grow or decrease depending on the type of retirement. This also can be based on the QDRO language. I would fight it if you are unsure or have a consult with an attorney who can review the specific paperwork.

    3 lawyers agreed with this answer

  3. If I am not able to pay the lawyer and I did not filed the divorce form JUST regarding my financial problems , what can I do ?

    Answered over 1 year ago.

    1. Curt Perri Bogen
    2. Gregory Paul Benton
    3. Brian Elliott Arnold
    3 lawyer answers

    One thing I would do is call your local bar association for lawyers in your state and see what pro bono services they have. In most states attorneys are required to do a certain amount of free work. Good luck.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. If I can no longer afford my divorce Attorney what should I do?

    Answered about 2 months ago.

    1. Cory R Wall
    2. Brian Elliott Arnold
    3. Craig Lee Pankratz
    4. Matthew Scott Berkus
    4 lawyer answers

    Legal aid attorneys can help. You can also call the Utah State Bar as they have a program for people that cannot afford an attorney for reduced fees attorneys in your area.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Can I sell my boat and motorcycle to my brother or dad for $20.00 each before a divorce?

    Answered about 2 years ago.

    1. Matthew Thomas Majeski
    2. Michael J Corbin
    3. Brian Elliott Arnold
    4. Travis Craig Thompson
    5. Philip Douglas Cave
    5 lawyer answers

    You have to be careful with this. The reason is if the property is considered marital she may be entitled to half the value and not the sale amount. The court may also think you are trying to defraud her.

    4 lawyers agreed with this answer

  6. Reversing a divorce as if it never happened

    Answered almost 2 years ago.

    1. Brian Elliott Arnold
    2. Matthew Thomas Majeski
    2 lawyer answers

    You may also have a common law marriage. The laws in Utah for common law marriage may cover your situation.

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  7. Where can I get case law to back up statute law.

    Answered over 2 years ago.

    1. Brian Elliott Arnold
    2. Sarah C Easter
    2 lawyer answers

    You may be able to contact Utah Legal Services for some free legal help. They may be able to help and give you the case law you are looking for. I would also cite the rule that you have found on service. www.arnoldwadsworth.com

    Selected as best answer

  8. Can I ask for a stay of divorce proceedings?

    Answered about 1 year ago.

    1. Brian Elliott Arnold
    2. Russell D Gray
    3. Curtis Bennett Ross
    3 lawyer answers

    You can ask for it, but it may not be granted. The Judge may grant a bifurcation and that may help stall out the other issues. If you want to stall it out you may want to start some discovery.

    2 lawyers agreed with this answer

  9. How do I petition the court to put the issue of claiming child for tax purposes on the divorce decree?

    Answered about 1 year ago.

    1. Brian Elliott Arnold
    2. Mckail Hamilton
    3. Russell D Gray
    3 lawyer answers

    If you have gone to trial, or are going to trial you need to make sure it is an issue certified for the judge to decide. If you have reached a stipulation you need to include it in the Decree with notice to your ex-spouse.

    2 lawyers agreed with this answer

  10. Will wrong wedding date effect validity of divorce, distribution of social security, or anything else that comes to mind?

    Answered over 2 years ago.

    1. Brian Elliott Arnold
    2. Jayson Lutzky
    3. David J. McCormick
    3 lawyer answers

    Yes, you need to get this corrected. The length of a marriage effects other items such as alimony. You can send in a corrected Decree in order to fix the problem with a simple motion to correct the order. Good luck.

    2 lawyers agreed with this answer

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