Legal Question in Family Law in Utah

Need a divorce-spouse wont leave

I have been married for 18 years and have one 14 year old child. 5 years ago my wife decided she wanted to be with women and began having affairs openly infront of me and my son. 2 years ago she moved in with another women. For the past 5 years she has attempted suicide and been hospitalized 5 times because of this. Her relationship ended with her girlfirend and she moved back into my house. I wanted to help her out for my son's sake but since then she attempted suicide again and was hospitalized. After being released she came back to my home. She claims that it is my responsibility to take care of her because we are still legally married. Her name is on our lease and we have one vehicle that is in both of our names. My son has lived with me for the past 2 years also. She claims that she has the right to the vehicle and that I have no choice. Now she is trying to get alimoni saying her attorney says she can get it because she hasnt worked in the past 2 years eventhough she hasnt lived at my residence. My son wants to live with me. I cant refinance my car due to a chapter 13 bankruptsy. Please help


Asked on 10/15/08, 12:04 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Need a divorce-spouse wont leave

You can divorce your wife, and seek custody of your son. In light of her conduct it is likely that the court will not order alimony. Utah law provides that a wrongdoer in a marriage may be denied some on the normal benefits as compared to a marriage where there is no "guilty: party. The only "rights" she has will be determined by the court, or to which you agree.

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Answered on 10/15/08, 12:37 pm
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: Need a divorce-spouse wont leave

If you and your wife own only one vehicle, it is a marital asset and any equity in it will be divided equally. In terms of who will actually be awarded possession of the vehicle, much of that will depend on your and her employment status as well as who will be awarded custody of your son. If you are the primary financial support for the family and need transportation for your job, you will undoubtedly be awarded the car. Also, assuming you get primary physical custody of your son, that would also weigh heavily in your favor of you being awarded the car.

With respect to the alimony issue, that poses a much more difficult and complex issue. If she and her attorney believe that an alimony award is a given, then they are mistaken. In light of what she has been doing for the last few years, it is doubtful the court will award her alimony. Under the current statutes, the court may consider the issue of fault in determining alimony. Therefore, if she is at fault for the breakdown of the marriage relationship due to her extra-marital homosexual affairs, I think the court would be hard pressed to reward such behavior by awarding her alimony. Also, she needs to consider the fact that if you are awarded custody of your son, she will be obligated to pay you child support.

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Answered on 10/15/08, 1:14 pm


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