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How does it work in a divorce being married for 2 months can…

Customer Question
How does it work...

How does it work in a divorce being married for 2 months can she her half my house

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Utah

Lawyer's Assistant: Has anything been filed or reported?

Not yet it's been almost a year since she left

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

And what are my right for custody

Submitted: 11 months ago.Category: Legal
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Answered in 3 minutes by:
8/7/2017
Lawyer: RobertJDFL, Attorney replied 11 months ago
RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 15,209
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. Was the home purchased during the marriage?

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Customer reply replied 11 months ago
Yeah it was.its just in my name.she cheated on me and left on her own
Customer reply replied 11 months ago
It was before the marriaga
Lawyer: RobertJDFL, Attorney replied 11 months ago

Thank you for you reply.

In a divorce, only marital property is considered for division. So she cannot claim a right to your home, but anything you acquired together -cars, furniture, etc. during the marriage is subject to equitable division. If you cannot agree how to split the property, then the court will divide it in a fair, though not necessary equal, manner.

In Utah, there are two types of child custody the court may award after taking into account the best interests of the children. These two primary types include legal and physical custody, states the Utah Courts. When sole legal and physical custody is granted to a parent, according to the American Bar Association, this parent takes care of his or her children the majority of the time. This parent is also able to make major decisions about his or her children.

Comparatively, when joint legal and joint physical custody is awarded, the children live with both of their parents and their parents both have authority to make major decisions about them. However, according to the Utah Courts, joint legal and sole physical custody can also be granted. In these arrangements, the children live with the parent who has sole custody more than 225 nights every year, and the noncustodial parent still has visitation time. Although the children spend most of their time with one parent, both parents can make decisions about their children.

The courts will seek to do what is in the best interest of the child. If parents cannot agree, then the court considers a variety of different factors. According to the Utah Courts, these include some of the following:

  • What type of custody will benefit the children’s emotional, psychological and physical needs
  • Whether or not both parents helped raise the children before they decided to end their marriage
  • Each party’s willingness to protect his or her children from conflict that may arise
  • How far apart each of the parents live
  • Each parent’s ability to make sure that his or her children’s best interests are protected
  • Both party’s propensity to make shared decisions with his or her former spouse

Neither parent is given a preference (e.g., there is nothing that says a mother is a preferred parent over a father, or vice versa). It is always what is in the best interest of the child.

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Customer reply replied 11 months ago
What if we decide to go half and half.woujld I have to pay her child support she wants me to pay it now
Lawyer: RobertJDFL, Attorney replied 11 months ago

It depends. Basically, the way the formula works in Utah is the more you make, the more you pay. But, the closer you get to 50/50, the less you’ll receive in child support.

Honestly, you’ll need a pretty big income difference to get much of anything at 50/50. For example, if a mom makes $36,000 per year ($3000 per month) and the husband makes $100,000 per year ($8333 per month), and they share 50/50 custody, mom would get $273 per month in child support.

If, by contrast, mom had primary physical custody, she’d receive $820 per month in child support.

(You can run your own numbers here.)

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Customer reply replied 11 months ago
Can I get full custody whe. I work 14on and 14 off when I have someone to watch my son
Lawyer: RobertJDFL, Attorney replied 11 months ago

If the court finds it is in the best interest of your son to live with you and you to be the custodial parent, absolutely. Working a particular schedule isn't grounds to deny custody.

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Customer reply replied 11 months ago
What about if I have prove that she is unfit
Lawyer: RobertJDFL, Attorney replied 11 months ago

If you can show that she is unfit and cannot meet your child's needs, that will certainly go a long way in showing the court that you should be awarded custody.

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