Legal Question in Family Law in Utah
What are my rights after I file?
I have filed the divorce papers but they have not yet been signed by the judge.
Am I legaly seperated at this point?
The divorce papers state that I am to receive full ownership of the house. My spouse no longer lives in the home and has removed all of her belongings but she still has keys to the home and has threatened to trash the place. At this point can I change the locks to protect what is mine or do I have to wait for the divorce decree to be signed?
The divorce papers have been signed and filed but the divorce decree has not yet been signed by the judge. My spouse has threatened to stop everything and ask for changes. Can she do this after she signed the papers?
1 Answer from Attorneys
Re: What are my rights after I file?
You can change the locks. You are not "legally separated" which occurs as a result of another type of legal action, and as a result of a court order. However, for the purposes of your divorce you are separated. You spouse can ask for reconsideration, but the court would want to know the reason. If any impropriety has occurred then the court may grant it. Generally, threats to change a settlement are not acknowledged by a court unless there is a bona fide reason.
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