Legal Question in Family Law in Utah
custody and property
It has been over a year now that I have been trying to get a divorce. There was physical and verbal abuse to myself and my kids. I kicked him out after 25 years.I also have a protective order. For the past 8 years, we lived in a house that belongs to my parents. My husband is trying to get equity out of it. We do not own it and there been no papers
or agreements. The house is in my parents name. Does my husband have a case? He also wants custody of my children. Guardian adlidum and DCFS have substantiated all claims of abuse. Can he get custody? They have already said that he can't see the kids without supervision. He also has not paid any support since being kicked out. The ORS has already started to garnish wages, but he can't keep a job.
I have a lawyer, but this is taking so long. My husband will not sign any papers. We have attended a mediation which did not do any good. My lawyer has tried to bifricate,(spelling?)but he will still not sign. He keeps dragging this out and I don't know what to do. I also don't think that my lawyer is moving fast enough. I need to move on, but I can't do that without a divorce. How is it he can just keep this going? Can you give me some advise please?
1 Answer from Attorneys
Re: custody and property
You abusive husband is still abusing you. He does not have a case, either for the house or the children. Historically he knows he has been able to beat you into submission and is still doing it. You will have to stand up to him, and not allow him to overpower you. If you cannot do this for yourself, do it for your children. They need to know that someone can be strong enough to resist this bad man. Even though your husband does not sign the bifurcation papers, the bifurcation can be granted by the court, all your lawyer needs to do is file a motion and ask the commissioner/judge to approve the bifurcation. Then set a trial date for the other issues. It sounds like your lawyer is hoping he will come around. Don't let him stall, get a court date.
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