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Brian Elliott Arnold
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Brian Arnold’s Answers

581 total


  • What is the average cost of changing your last name after a divorce?

    I want to change it back to my maiden name.

    Brian’s Answer

    If the other Party would stipulation to it you could file a stipulation to amend your Decree to allow for it so you do not have to pay for it with the Social Security office.

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  • My car was dropped from insurance policy without my consent

    I have a joint auto policy with my spouse which covers his car and my car. I am the sole title owner of my car. Since our separation, my spouse, without my knowledge, contacted the insurance and asked to drop my car from the joint policy which the...

    Brian’s Answer

    Has a divorce action been filed? If there is not a divorce action filed you are less protected. If a divorce action is filed I would file for temporary orders and seek that he reimburse you for not paying.

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  • What is considered overnight gest of the opposite sex?

    My divorce decree says my ex wife can not have over night gest of the opposite sex. There is a 12 year old boy who has been spending the night. I have a 9 year old daughter and a 12 year old daughter in that house I do not want him there. Is the...

    Brian’s Answer

    The court usually applies a provision to romantic guests of the adult. The court may consider you to be unreasonable if you apply it to a child. If you do want to apply it to a child you will need to file a Petition to Modify.

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  • How do you find inheritance that has been changed but evidence of change is divorce of wife daughter becomes my 2 cousin

    Details I'm having tax issues. they claim I had a business multiple charges against me.

    Brian’s Answer

    If I am understanding this correctly you would need to file for divorce and conduct some discovery. Or you need to start the lawsuit that would allow for you to conduct depositions and have subpoena power to figure out what you are looking for.

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  • Divorce/separation attorney

    Anyone know of any divorce attorneys in Davis County, utah that will do a sliding scale fee? Utah legal services says I don't quailfy and Modest Means says I dont. I have been doing a lot on my own but need some help with temp orders and motions...

    Brian’s Answer

    You may be able to call attorneys and see if they will accept payment plans. You should contact attorneys you are interested in and see what they can do for you. Good luck and I hope you find an attorney that will work with you that is trustworthy.

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

    Are the legal aid attorneys just as good of representation as a paid lawyer? Do I get to pick out which one I get? in your experience do they work just as hard for their clients? I am in a high stakes divorce, but my husband obviously is getting...

    Brian’s Answer

    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.

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  • Financial disclosure

    I provided a financial disclosure with my divorce petition, and again when I was no longer working. I wasn't certain of all my needs, but did my best to answer honestly. Now, going over my budgets, I realize there were several incongruencies. Shou...

    Brian’s Answer

    I would amend it and provide opposing with the new disclosure and explain why you have changed the financial disclosure. If you do not explain you may open yourself to claims that you are not being honest or competent. By doing this you may also get a better outcome at mediation.

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  • Legally sep in AK, removed to WA&UT . Ak denies jurisdiction. do w file for divorce over in UT or WA.

    Mother has custody of minor child and receives SS from retired father of over $700 per month. this is many times minimum based on fathers monthly $1100 income.

    Brian’s Answer

    I agree with Mr. Salcido's answer but would add that there are some exceptions for emergency reasons that Utah can take jurisdiction if you have lived here less than the times listed. You should consult with an attorney on this matter.

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

    My ex-spouse is seeking retirement division arrears on my military retirement. In the controlling order it states that she is responsible to file all paperwork to obtain the payments. In a clarifying order for the retirement division it is stated ...

    Brian’s Answer

    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.

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  • How do I file for bifercation in my divorce?

    I live in Utah, my divorce is being processed in California.

    Brian’s Answer

    You will need to file a motion for this relief. You will need to outline for the court why you need a bifurcation. Usually a bifurcation will be granted if the divorce has been stalling for awhile, or there are criminal charges pending against one of the Parties. Hope that helps. Good luck.

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