Can I Appeal A Divorce in Utah After Six Years?
Full Question:
Answer:
When a divorce decree is issued by a court, that court retains jurisdiction to modify its order. A court may grant a motion for a modification of a divorce decree when the parties consent to the modification or when a significant change of circumstances justifies the modification. Certain aspects of the decree are modifiable, while others are not. The property division is not modifiable by the court. It is final. Child custody may be modified if there is a significant change of circumstances. The court's decision to grant a modification is based on the best interests of the child. A motion and petition are generally the same thing, they are formals requests to the court for something. If granted, the court will issue an order. When the order is made, the requests in the motion/petition become enforceable.
When a court order isn't followed, a petition for contempt may be filed in the court that issued the order. A request may also be made to have the court to order the noncomplying party to pay for the losses caused by the failure to comply. The court retains continuing jurisdiction to enforce its orders by holding the noncomplying party in contempt of court. A party may also file a Judgment on Rule for Contempt, which is a prepared judgment ready for the judge to sign, to further the court's ease in making a determination. A certificate of service is filed along with the petition to prove that the petition was served on the opposing party.
A statute of limitations applies to criminal charges. In Utah, the statute of limitations for most crimes isn't longer than 5 years. Please see:
http://law.findlaw.com/state-laws/criminal-statute-of-limitations/utah/
Many of the issues you raise are typically raised in the divorce proceeding as a fault basis for the divorce. There is a deadline for filing a notice of appeal in a divorce case, which has long passed after 6 years. Whether the court would extend the deadline based on fraud is a matter of subjective determination for the court, based on all the facts and circumstances involved. I suggest you contact alocal attorney who can review all the documents and facts in your situation.
