Saturday, August 21, 2010

For Utah Divorce Practitioners - Help from the Separate Maintenance Provisions of the Utah Code

Here's useful drafting language when moving for temporary orders in a divorce action where the movant seeks to restrain the disposal or encumbrance of property (the sections of the Utah Code pertaining to divorce don't have this, but the benefit of adapting it's application to a divorce action is apparent):

30-4-4.   Restraining disposal of property.

     At the time of filing the complaint mentioned in Section 30-4-1, or at any time subsequent thereto, the plaintiff may procure from the court, and file with the county recorder of any county in the state in which the defendant may own real estate, an order enjoining and restraining the defendant from disposing of or encumbering the same or any portion thereof, describing such real estate with reasonable certainty, and from the time of filing such order the property described therein shall be charged with a lien in favor of the plaintiff to the extent of any judgment which may be rendered in the action.

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