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Lawrence D. Gorin
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1513
Experience:  30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
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in the state of utah can a wife file for divorce while the

Customer Question

in the state of utah can a wife file for divorce while the husband is deployed to iraq?? also i caught my wife via phone bill send naked pics of herself to another man and i have there email conversations very sexual explicit. is that proff of adultry on her part and if so is the evidence admissable in court???
Submitted: 6 years ago.
Category: Family Law
Expert:  Lawrence D. Gorin replied 6 years ago.
YOUR QUESTION:
in the state of utah can a wife file for divorce while the husband is deployed to iraq?? also i caught my wife via phone bill send naked pics of herself to another man and i have there email conversations very sexual explicit. is that proff of adultry on her part and if so is the evidence admissable in court???

ANSWER:
YES, in the state of Utah a wife can file for divorce while the husband is deployed to Iraq.

But after filing, you may have rights under the Servicemembers Civil Relief Act (SCRA).
More info at the following website:
http://www.military-divorce-guide.com/servicemembers-civil-relief-act-scra.htm
.

YOUR QUESTION:
also i caught my wife via phone bill send naked pics of herself to another man and i have there email conversations very sexual explicit. is that proff of adultry on her part and if so is the evidence admissable in court???

ANSWER:
NO, sending naked pictures and exchanging sexually explicit emails does is not evidence of adultery. Adultery requires sexual intercourse.

More info re Utah divorce law.....

GROUNDS FOR DIVORCE.
A divorce can be granted under Utah laws if there are irreconcilable differences in the marriage, or when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation. Utah laws also allow the following fault-based grounds:
· (a) impotency of the respondent at the time of marriage;
· (b) adultery committed by the respondent subsequent to marriage;
· (c) willful desertion of the petitioner by the respondent for more than one year;
· (d) willful neglect of the respondent to provide for the petitioner the common necessaries of life;
· (e) habitual drunkenness of the respondent;
· (f) conviction of the respondent for a felony;
· (g) cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner; or
· (h) incurable insanity.

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Customer: replied 6 years ago.
ok in the emails she talks about already being with him and describes how he made her feel sexually they have met in person on mulipal occassions..is that adultry???? mr gorin
Customer: replied 6 years ago.
also, mr gorin in the emails she tells him that she is in love with him and cant wait to see him again ..1 email she states that it saddens her that she cant see him everyday...is that proff of adultry??? on top of her describing there sexaul encounters...
Expert:  Lawrence D. Gorin replied 6 years ago.
FURTHER ANSWER:
No.... all of the emails, and the salacious contents thereof, do not add-up to court-admissible evidence sufficient to prove that she and he have had actual, in-person, direct physical sexual intercourse with one another.

Writing an email describing one’s sexual feelings, saying that they have “met” on multiple occasions, describing in words their multiple sexual encounters, declaring one’s love and saying that she can’t wait to see him again, all do not “prove” that they have actually engaged in sexual intercourse with one another.

All she has to say, by way of explanation, is that “Those are all merely WORDS.... and none of is true. I was just playing on the computer. I made up the whole thing.” And what evident do you then have to prove that she is lying and that everything that she said in the mails actually did happen?   Why should a judge believe you and disbelieve her?

But the bigger question here is: SO WHAT? Suppose she has in fact engaged in sexual intercourse and that you can actually prove it beyond any doubt whatsoever? OK. Done deal. You have “proven” adultery. The judge so finds. Now what? What do you want the judge to do about it?? While it certainly provides “grounds” for divorce under Utah law, you need to understand that Utah also allows for a divorce to be granted simply upon grounds of “irreconcilable differences.” In essence, you really do not need any other specific ground in order to get a divorce in Utah.

     And even if you can and do “prove” adultery, thus providing a basis on which the court can then declare the marriage as terminated, it would have no effect on what the judge then does with regard to the other issues that are incidental to the termination of the marriage, such as custody, visitation, child support, alimony, property division, etc. The grounds that provide the legal basis that authorizes a judge to declare the marriage as terminated are wholly irrelevant to what the court then does with regard to all of those issues. In other words, the court can do nothing different, regardless of what basis the court used as the vehicle for declaring the legal termination of the bonds of matrimony. In sum, if you want to no longer be married, Utah law makes divorce rather easy. “Proving” adultery” is wholly unnecessary. So why go to such a length?

===========================
    If your question has been satisfactorily answered, please acknowledge by clicking the green “ACCEPT” button in the upper right hand corner of this window. And if my answer was exceptionally helpful, a “bonus” payment would be most appreciated. Lastly, please add a few words of comment in the FEEDBACK space. It lets me (and others) know how I’m doing. And I thank you in advance.
Customer: replied 6 years ago.
thank you i understand that utah is weird like that..but. if she files and i dont sign, i decide to contest the divorce asking the court for marriage counceling ect.can the judge by utah law go ahead and still grant the divorce just because she wants it??? her only reason would hv to be irreconcilliable differences. seeing iv been deployed for 15 months. is there any other options besides going straight to divorce that i might try, that the judge can grant??
Expert:  Lawrence D. Gorin replied 6 years ago.
STILL FURTHER ANSWER:
(and still without customer “Accept”)

First, she can proceed with a divorce action against you without your having to sign anything or give your consent. When she does so (if she does), she will simply allege
“irreconcilable differences” as the grounds

(Under Utah law, “adultery” as a ground for divorce is limited to “adultery committed by the respondent subsequent to marriage.” Obviously, if she is the party seeking the divorce, she is not going to allege that SHE is the one who committed adultery. Indeed, there would be no need for her to do that,)

BotXXXXX XXXXXne:   Under modern law, the government takes the position that there is no vested interest on the part of the public to force spouses to remain legally married to one another when either of both spouses no longer wish to have the marital relationship continue. Consequently, we nowadays have “no fault divorce,” meaning anybody can get a divorce without need of an specific reason. All that is necessary is to claim and prove “irreconcilable differences.” But keep in mind that “irreconcilable differences” is pretty much merely a subjective opinion. And all it takes is the opinion of one of the spouses.

     If she files for divorce on the basis of “irreconcilable differences,” your contesting the ground she alleged would simply result in a hearing having to be held before a judge in which she would be required to “prove” the existence of “irreconcilable differences.” This would not be difficult. She simply stands before the judge and says: “Judge, IN MY OPINION, irreconcilable differences exist between me and my husband. And I just do not want to continue to be married to him.” And when she is done testifying, you can then tell the judge that you disagree, and that in your opinion there are no irreconcilable differences and that you want to stay married. And on that basis the judge will then decide the case. (Understand that to have a reconciliation, BOTH parties must be willing. So if she is not willing or wanting to reconcile and resolve whatever differences she may believes exist between she and you, the differences will be view by a judge as being “irreconcilable.”)

     Keep in mind that the judge will not force her to go to counseling. Nor will the court force her to live with you. If she does not any longer want to be your wife, the judge will not force her to remain married. To do so serves no purpose. In essence, nowadays, you cannot force a woman to marry you, and once married, you cannot force a woman to stay married to you. Marriage is nowadays a voluntary relationship. Once the parties voluntarily marry one another, either party may at any time thereafter voluntary end the marriage. And it does not require the consent of the other party to do so.

===========================
    IHAVING NOW RESPONDED TO YOUR SEVERAL QUESTIONS, IT IS TIME FOR YOU TO NOW CLICK the green “ACCEPT” button in the upper right hand corner of this window so I can be appropriately compensated. Please do so at this time. And I thank you in advance.
Lawrence D. Gorin, Family Law Attorney
Category: Family Law
Satisfied Customers: 1513
Experience: 30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.
Lawrence D. Gorin and other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
thank you sir youve really made me realize that im about to be divorced im sorry it took so long i just needed a clear understanding of what could actually happen..once agaon thank you
Expert:  Lawrence D. Gorin replied 6 years ago.

Thank you for the "accept." I've been in the law business for 30+ years, representing many, many men in divorce situations. It is sometimes my sad responsibility to shed light --- albeit unwanted --- on a very frustrating situation.

I realize that the information and comments I have provided here are not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. So I thank your fcr your understanding.

Also..... I wish you well and I thank you for your service. Be careful and stay safe.

LDG

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Lawrence D. Gorin
Lawrence D. Gorin
Attorney at Law
683 Satisfied Customers
30+ years family law experience. QDROs, UIFSA, UCCJEA expertise.