Weston, MI Divorce Law Firms & Lawyers

First things first: you would really benefit from retaining a skilled family law attorney. He or she can answer all of your questions, and will have the chance to review all the relevant facts with you and relieve a good deal of anxiety. That said, the temporary but exclusive use of items of property if there is any dispute or chance of one is usually resolved at a Temporary Order hearing which is usually held two or three weeks after the case is filed. Without such an Order, all you have to rely on to protect your property is whatever automatic stay is provided just by filing and serving the divorce papers, which is not much regarded. If you live in Wisconsin or another marital (=community) property state, he has an equal right to all marital property until a Court issues its orders. So you benefit by promptly retaining a lawyer and having him or her draft and serve a Motion or Order to Show Cause promptly.

Probably, for reasons that should be come clear as you read the rest of this answer to your question. The reason I say probably is because you need to understand how the question of whether to award alimony is approached. Start with subsection 8 of Section 30-3-35 of the Utah Code. I highlight in red below what is most crucial in the court's analysis: (8) (a) The court shall consider at least the following factors in determining alimony: (i) the financial condition and needs of the recipient spouse; (ii) the recipient's earning capacity or ability to produce income; (iii) the ability of the payor spouse to provide support; (iv) the length of the marriage; (v) whether the recipient spouse has custody of minor children requiring support; (vi) whether the recipient spouse worked in a business owned or operated by the payor spouse; and (vii) whether the recipient spouse directly contributed to any increase in the payor spouse's skill by paying for education received by the payor spouse or enabling the payor spouse to attend school during the marriage. (b) The court may consider the fault of the parties in determining whether to award alimony and the terms thereof. (c) "Fault" means any of the following wrongful conduct during the marriage that substantially contributed to the breakup of the marriage relationship: (i) engaging in sexual relations with a person other than the party's spouse; (ii) knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children; (iii) knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or (iv) substantially undermining the financial stability of the other party or the minor children. (d) The court may, when fault is at issue, close the proceedings and seal the court records. (e) As a general rule, the court should look to the standard of living, existing at the time of separation, in determining alimony in accordance with Subsection (8)(a). However, the court shall consider all relevant facts and equitable principles and may, in its discretion, base alimony on the standard of living that existed at the time of trial. In marriages of short duration, when no children have been conceived or born during the marriage, the court may consider the standard of living that existed at the time of the marriage. (f) The court may, under appropriate circumstances, attempt to equalize the parties' respective standards of living. (g) When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, that change shall be considered in dividing the marital property and in determining the amount of alimony. If one spouse's earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court may make a compensating adjustment in dividing the marital property and awarding alimony. (h) In determining alimony when a marriage of short duration dissolves, and no children have been conceived or born during the marriage, the court may consider restoring each party to the condition which existed at the time of the marriage. (i) (i) The court has continuing jurisdiction to make substantive changes and new orders regarding alimony based on a substantial material change in circumstances not foreseeable at the time of the divorce. (ii) The court may not modify alimony or issue a new order for alimony to address needs of the recipient that did not exist at the time the decree was entered, unless the court finds extenuating circumstances that justify that action. (iii) In determining alimony, the income of any subsequent spouse of the