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Brian Elliott Arnold's Answers (609)

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Husband invested over $200,000 in stocks without my knowledge using $$ from heloc. Now divorcing. What are my options?

Brian's answer | Answered on June 19, 2011

You could sue him in a separate or even in your divorce for the money you have lost. It may prolong your divorce proceedings but may be worth...

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I have had custody of my son ( and his two sisters) for 13.5 years. The father did not go to our divorce.

Brian's answer | Answered on June 19, 2011

Sometimes judges say that kids can choose with "their feet" but in this circumstance I would try and prove that the 15 year old is rebelling and...

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Will divorce stand final if motion to set aside default is granted? Not contesting decree only wants default removed.

Brian's answer | Answered on June 19, 2011

If the motion to set aside is granted then your divorce will no longer be final. Arnold & Wadsworth http://www.awdivorceutah.com

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Can my spouse and i apply for the divorce together

Brian's answer | Answered on June 19, 2011

Yes, if there is waiting period you will both have to wait. In Utah, you can pay a fee to waive that period. You will have to file your stipulated...

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After divorce home settlement

Brian's answer | Answered on June 18, 2011

You could try to modify the decree on that issue only and ask the judge for an order for him to refi if it can be done. Arnold &...

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Can I still get my portion of my deceased x-husbands pension if it was in our divorce decree?

Brian's answer | Answered on June 18, 2011

The divorce petition is not sufficient by itself. You need to contact local counsel and get a QDRO done. This will be an enforceable order that...

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Can a judge grant me a divorce without my husbands signature?

Brian's answer | Answered on June 18, 2011

This would be through default. You will have to make sure the judge is decides that your service on your spouse is satisfied. Arnold &...

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Can I sue my ex for lying in divorce court about things which ended up with ruining my life? Does this lawsuit occur often?

Brian's answer | Answered on June 18, 2011

You can always sue for these type of things. You would need to contact a law firm that handles these kinds of lawsuits. If your divorce is final...

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Can respondent get new trial after agreeing/signing waiver?

Brian's answer | Answered on June 18, 2011

This is not easily done if it was a truly agreed upon divorce with signatures from both parties. He is likely going to have to show fraud or...

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I have a divorce decree in Minnesota. I have allowed my ex husband to store items in 2 sheds.

Brian's answer | Answered on June 18, 2011

Your divorce decree should have some language as to who has control of this property. If not and it is your property then you should have access....