Casey T.

Hoyer (15635)
Attorney at Law
HOYER LAW FIRM PC
1250 E. 200 S. Ste. 2G If you do not respond to this document
Lehi, UT 84043 within applicable time limits, judgment
Telephone: (801) 901-0797 could be entered against you as
Fax: (801) 341-8492 requested.
attorney@caseyhoyerlaw.com

Attorney for Respondent

IN THE FOURTH JUDICIAL DISTRICT COURT

IN AND FOR UTAH COUNTY, STATE OF UTAH
In the Matter of the Marriage of
VERIFIED ANSWER and
HEMA PATEL, COUNTERCLAIM FOR DIVORCE
DECREE
Petitioner,
Civil No. 224402086
and

MANISH PATEL, Judge Robert C. Lunnen

Respondent.

ANSWER

COMES NOW, Respondent, by and through counsel of record, Casey T. Hoyer of

HOYER LAW FIRM, P.C., pursuant to Rule 7 of the Utah Rules of Civil Procedure, hereby

answers Petitioner’s Verified Complaint for Divorce (hereinafter “Complaint”) as follows:

GENERAL DENIAL

Except as expressly admitted, Respondent denies each and every allegation in the

Complaint not specifically admitted herein including any and all requests for relief and/or

prayers for judgment, ¶¶1-13.

First Defense

The Complaint fails to state a claim upon which relief can be granted.

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 Second Defense

The Complaint is barred, in whole or in part, by estoppel, laches, accord and satisfaction,

the doctrine of unclean hands, the statute of frauds, the statute of limitations, waiver, and on

other legal and equitable grounds.

Third Defense

Without waiving any of the foregoing defenses, Respondent answers the specific

allegations in each numbered paragraph in Petitioner’s Complaint and Proposed Parenting Plan

as follows:

Complaint

1. Respondent admits the allegations contained in ¶¶1-2, 4-5, 9, 11-12, 31, 33-34,

38, 50, and 58 of the Complaint, including subparts, as applicable.

2. Respondent is without information sufficient to form a belief about the truth of

the allegations contained in ¶¶8, 16-26, 36-37, 40-49, 51-54, 56, and 60-62 of the

Complaint, including any subparts, as applicable, and, therefore, denies the same,

and affirmatively alleges that the parties act in accordance with Respondent’s

Verified Counterclaim for Divorce Decree.

3. Respondent denies the allegations contained in ¶¶3, 6-7, 13-15, 27-30, 32, 39, 55,

57, and 65 of the Complaint, including subparts, as applicable.

4. Respondent does not answer ¶¶58-59 and 63-64 of the Complaint, including

subparts, as applicable, as they do not contain allegations.

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 5. Respondent admits the allegations contained in ¶10 to the extent that it is alleging

that Utah is the home state of the children and that the children have lived with

both parents since birth.

Proposed Parenting Plan

1. Respondent is without information sufficient to form a belief about the truth of

the allegations contained in ¶¶1-6, 8-20, and 22-27 of the Complaint, including

any subparts, as applicable, and, therefore, denies the same, and affirmatively

alleges that the parties act in accordance with Respondent’s Verified

Counterclaim for Divorce Decree.

2. Respondent denies the allegations contained in ¶¶7 and 21 of the Complaint,

including subparts, as applicable.

AFFIRMATIVE DEFENSES

1. All affirmative averments and allegations set forth above are incorporated herein

as affirmative defenses.

2. Manish specifically pleads each and every additional affirmative defense set forth

in Rule 8(c) and Rule 12(b) of the Utah Rules of Civil Procedure as affirmative defenses to the

Counterclaim and incorporates the same fully herein by reference.

3. Manish reserves the right to raise additional affirmative defenses, which are not

yet known to him but which may become known through further discovery, and does not waive

these later amended affirmative defenses.

4. Manish should be awarded his reasonable attorney fees incurred herein pursuant

to UTAH CODE ANN. §§30-3-10.4(5) and 78B-5-825(1).

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 WHEREFORE, Respondent respectfully requests that the court dismiss Petitioner’s

Verified Complaint for Divorce.

VERIFIED COUNTERCLAIM FOR DIVORCE DECREE

COMES NOW Respondent, by and through counsel and, hereby, submits a Verified

Counterclaim for Divorce Decree, and asks the Court for a Decree of Divorce as follows:

VENUE AND JURISDICTION

1. Respondent is a bona fide resident of Utah County, State of Utah, and has been for at

least three (3) months immediately preceding the filing of this action. UTAH CODE

ANNOTATED §30-3-1.

2. Jurisdiction is proper in this District Court pursuant to UTAH CODE ANN. §78A-5-102.

3. Venue is proper in this Court pursuant to UTAH CODE ANN. §78B-3-301.

4. This case should use the default of being a “Tier 4” case (i.e., no money damages) for

purposes of Rule 26 of the Utah Rules of Civil Procedure (Discovery).

MARRIAGE STATISTICS

5. Petitioner (hereinafter “Hema”) and Respondent (hereinafter “Manish”) were married on

or about April 27, 2000, in Petlad, India, Gujarat, and are presently married.

GROUNDS

6. During the marriage, irreconcilable differences arose between the parties, making

continuation of the marriage impossible, and the marriage no longer viable. UTAH

CODE ANN. §30-3-1(3)(h).

CHILDREN

7. There is were two (2) minor children born as issue to the parties, to wit:

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 a. Dhristi Patel, born in March 2005; and

b. D.P., born in February 2008.

UCCJEA JURISDICTION – Home State of Children

8. Utah should have jurisdiction over the child custody and parent-time issues in this case

pursuant to Utah’s Uniform Child Custody Jurisdiction and Enforcement Act

(“UCCJEA”), UTAH CODE ANN. §78B-13-101, et seq. Utah is the home state of the

children. The children have resided in Utah for at least six consecutive months

immediately preceding the commencement of this action; the children and at least one

parent have a significant connection with Utah; and substantial evidence is available in

Utah concerning the children’s care, protection, training and personal relationships.

RULE 100 INFORMATION – Other Proceedings Involving the Children

9. Pursuant to Rule 100 of the Utah Rules of Civil Procedure, the UCCJEA, and the

Uniform Interstate Family Support Act, UTAH CODE ANN. §78B-14-101 et seq.,

Manish states upon information and belief that:

a. There are no cases in which either party or the children are a party to or the

subject of a petition or order involving child custody, support or parent-time;

b. There are no child welfare/delinquency cases involving either party or the

children as a Respondent;

c. There are no protective order cases involving either party or the children.

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 PARENTING PLAN

PHYSICAL CUSTODY

10. It is in the children’s best interest that Manish be awarded primary physical custody of

the parties’ children. Manish submits the proposed Parenting Plan herein in good faith

in accordance with UTAH CODE ANN. §§30-3-10.8(1) and (5) and 30-3-35.1(6).

PARENT-TIME

11. Advisory guidelines. Pursuant to UTAH CODE ANN. §30-3-34(2), except as modified or

insofar as they conflict with any other provisions in this proposed Parenting Plan, the

“Advisory Guidelines” outlined in UTAH CODE ANN. §30-3-33 and attached hereto as

Exhibit A should be adopted by the parents as their minimum Parenting Plan and

incorporated by reference.

12. Regular/extended (Summer)/holiday parent-time. In accordance with UTAH CODE

ANN. §§30-3-34(2) and (6), 30-3-32(2), and 30-3-33(1)-(2), the parents should exercise

parent-time as they agree consistent with the rebuttable presumption that it is in the best

interest of children to have frequent, meaningful and continuing access to both parents

and to have both parents actively involved in parenting following divorce to maximize

continuity and stability. If the parents cannot agree on parent-time, Hema should

exercise no less default parent-time than that outlined in UTAH CODE ANN. §30-3-35

attached hereto as Exhibit B.

13. First right of refusal. Each parent should have the first option to provide care for the

children over any other third party or surrogate provider if the parent responsible for the

children is not available for a period of overnight or longer during their custodial or

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 parent-time, and the other parent is personally available and willing to provide the care

and transportation.

ALLOCATION OF DECISION-MAKING AUTHORITY

14. Joint legal custody. Pursuant to UTAH CODE ANN. §30-3-10.9(2) and (5) as

modified, major decisions regarding the children’s education, elective health care, and religious

upbringing should be made by the parents together.

15. Decision tree. In the event the parents are not able to agree on a major decision,

they should follow a decision tree as outlined herein:

a. First consult with third-party experts (e.g., doctor, school teacher, Bishop, etc.) in

the area of disagreement to assist with the decision.

b. Second, if there is no agreement after consultation with a third-party expert, the

parents should either:

i. Participate in mediation without attorneys with an agreed-up in writing

mediator and share equally the costs of mediation, or, in the alternative,

ii. Agree in writing to appoint a Special Master in accordance with Rule 53

of the Utah Rules of Civil Procedure for the limited scope purpose of

arbitrating a dispute over a “major decision” defined above and in

UTAH CODE ANN. §30-3-10.9(5). The parents should share equally

the retainer for the Special Master. Arbitration of a “major decision” or

controversy allowed in law and equity should be subject to Title 78B,

Chapter 11 (Utah Uniform Arbitration Act). See also Taylor v. Taylor,

2022 UT 35 (Utah law allows parties to submit some aspects of a

divorce to arbitration; strong policies underlying statutory provisions

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 ensuring the protection of children dictate that a court maintain the

ability to consider whether an arbitration award addressing, e.g., child

support, custody, etc. is in the best interest of the children.).

c. Third, if the parents are still unable to agree, and the parents opted to mediate the

dispute rather than appoint a Special Master to arbitrate the decision, Manish

should have final provisional decision-making authority if the decision embraces

a life/safety matter that is urgent, subject to Mother’s right to seek Court

intervention if she believes Manish’s provisional decision is not in the best

interest of the children.

16. Emergency decisions. Pursuant to UTAH CODE ANN. §30-3-10.9(2), each parent

should be able to make emergency health or safety decisions affecting the children while

in their care. The parent exercising parent-time should notify the other parent

immediately, insofar as practicable, of any medical emergency involving the children.

17. Day-to-day decisions. In accordance with UTAH CODE ANN. §30-3-10.9(6), each

parent should be able to make day-to-day, routine decisions concerning the care and

control of the children while in their care.

TELEPHONE AND VIRTUAL CONTACT WITH CHILDREN

18. In accordance with UTAH CODE ANN. §§30-3-33(14) and 30-3-35(11), as

modified, both parents should permit and encourage unmonitored and uncensored

communication between the other parent and the children at reasonable hours, for a reasonable

duration, and at reasonable frequency. Virtual parent-time, as defined in UTAH CODE ANN.

§30-3-32(1)(e), may be used if the equipment is reasonably available. The children should be

able to contact either parent at any reasonable time.

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 EXCHANGE OF INFORMATION BETWEEN PARENTS

19. Co-parenting application. The parents should communicate with each other

directly and primarily using a co-parenting app. (e.g., OurFamily Wizard), including the tone

meter, and share equally the costs. Emails should be used sparingly and be brief, civil, and

factual. Text messages and telerphone calls should be for emergencies only or, e.g., regarding

last-minute logistical parent-time exchange issues. All communication between parents should

be limited in scope to, e.g., winding down and implementing the terms of the divorce decree, co-

parenting and support matters only.

20. Notification of children’s events. Pursuant to UTAH CODE ANN. §30-3-33(11),

as modified, parents do not have an affirmative duty to notify the other parent of children’s

events when the same information is reasonably accessible through the other parent’s own

reasonable efforts (e.g., online school calendar, etc.)

21. Travel overnight or out-of-state with the children. In accordance with UTAH

CODE ANN. §§30-3-36(2) and 30-3-10.9(2), as modified, when the children travel with either

parent overnight or out-of-state from the parties’ residences respectively, the traveling parent

should provide to the other parent the itinerary of travel dates, destinations, places where the

children or traveling parent can be reached, and the name and telephone number of an available

third party who would be knowledgeable of the children’s location.

MUTUAL RESTRAINING ORDERS

22. Harassment, stalking, threats or abuse. The parents should not harass, stalk,

threaten or abuse the other parent or any other family member or thirty party associated with the

other parent, or allow a third party to do the same.

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 23. Derogatory or disparaging remarks. Given that children identify with both

biological parents, the parents should be wise and secure enough to not emotionally abuse the

children by, e.g., making any derogatory or disparaging remarks about or to the other parent at

all times, but especially within the hearing of the children. The parents should not say or do

anything that would tend to diminish the love and affection of the children for the other parent or

attempt to influence a child’s preference regarding custody/parent-time. The parents should have

an affirmative duty to use best efforts to prevent third parties from doing that which they

themselves are prohibited from doing or the parent should be required to remove the children

from the presence of those third parties.

24. Protection of children from adult conflicts. The parents should not discuss any

aspect of these adult proceedings in the presence or hearing of the children or allow any third

party to do the same.

25. Children as messenger or pawn. Neither parent should use the children to relay

messages to the other parent or to keep “secrets” from the other parent. Neither parent should

use the children as pawns to manipulate the other parent or attempt to manipulate the children

against the other parent for any purpose. The children should not be used for parental warfare.

26. “Pumping” children for information about the other parent. Neither parent

should question the children about the other parent’s activities, personal relationships, or how the

other parent spends his or her time or money.

27. Compliance with safety laws. Both parties should obey all safety laws, including

traffic laws and vehicle code requirements. Neither parent should operate a motor vehicle

without a valid driver license, insurance, and valid registration while transporting the children.

Safety restraints, such as seat belts and/or child car seats, should be used as prescribed.

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 28. Drug/alcohol restraints. The parents should be restrained from using illegal

drugs or drugs that have not been legally prescribed to them and should not exceed the dosage on

any prescription medication. They should be also restrained from consuming alcohol to the point

of impairment while the children are in their care and from allowing the children to be in the

presence of any other person who the parties suspect or have reason to suspect may be under the

influence of alcohol, illegal drugs, or non-prescribed drugs.

EDUCATION PLAN

29. Pursuant to UTAH CODE ANN. §30-3-10.9(2) and (5)(b), as modified, Manish’s

residence should be designated as the home residence for purposes of identifying the location of

the children’s schools.

30. The parents should both have access to the children’s school records and should

be listed as emergency contacts.

31. In accordance with UTAH CODE ANN. §30-3-33(7), as modified, both parents

should also be authorized to check out the children during their respective parent-time, but only

as necessary to avoid undue disruption (e.g., reasonably unavoidable medical appointments,

extra-curricular events/sporting activities, etc.).

IMPROPERLY CONFLATING PARENT-TIME/CHILD SUPPORT COMPLIANCE

32. Pursuant to UTAH CODE ANN. §§30-3-10.9(9) and 30-3-33(10), if a parent fails

to comply with a provision of the parenting plan or a child support order, the other parent's

obligations under the parenting plan or the child support order should not be affected.

DISPUTE RESOLUTION

33. Mediation. In accordance with UTAH CODE ANN. §§30-3-10.3(7), 30-3-

10.9(2)-(4), and 30-3-39, as modified, other than ex parte motions for emergency orders (e.g.,

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protective orders), motions to enforce, or petitions to modify on financial matters, the parents

should make a good faith effort to resolve disputes regarding the Divorce Decree using

mediation with an agreed-upon in writing mediator sharing equally the costs of mediation before

resorting to Court intervention.

FINANCIAL MATTERS

CHILD SUPPORT

34. Parents’ incomes. A determination of Mother’s actual or imputed self-

employment income is subject to disclosure pursuant to Rule 26.1 of the Utah Rules of Civil

Procedure and a business valuation. See UTAH CODE ANN. §78B-12-105(1) (every child is

presumed to be in need of the support of the children’s mother and father and every mother and

father shall support their children); see also UTAH CODE ANN. §78B-12-108(1) (child support

is for the use and benefit of the children and follows the child).

35. Guidelines/award. Pursuant to UTAH CODE ANN. §78B-12-201 et seq., base

child support should be ordered on behalf of the children in favor of Manish in an amount to be

determined using the sole physical custody worksheet based on the parties’ respective gross

monthly incomes and overnights, and consistent with the Utah Child Support Guidelines

(“Guidelines”).

36. Duration and automatic reduction. In accordance with UTAH CODE ANN.

§78B-12-219, unless the Court orders otherwise, the base child support award for a child should

terminate at the time (1) the child turns 18 years of age, or has graduated from high school

during the child’s normal and expected year of graduation, whichever occurs later, or (2) the

child dies, marries, or becomes a member of the armed forces of the United States, or is

emancipated in accordance with UTAH CODE ANN. §78A-6-801. Upon the occurrence of one

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of the above events, child support should be automatically reduced, as applicable, in accordance

with the guidelines based on the Court-approved income declared in the most recent support

order.

37. Payment schedule. The monthly support should be paid on or before the 5th day

of each month, unless either parent uses the Office of Recovery Services (“ORS”) to collect

support, or the parties agree to a different payment schedule in writing.

38. Child support three-year review and adjustment. Pursuant to UTAH CODE

ANN. §78B-12-210(8), the parties have a right to adjust this child support order by motion after

three years from the date of entry if: (1) upon review there is a difference of 10% or more

between the amount previously ordered and the new amount of child support under the

guidelines, calculated using the appropriate child support worksheet, (2) the difference is not of a

temporary nature, and (3) the amount previously ordered does not deviate from the guidelines.

39. Child support modification after substantial change in circumstances. In

accordance with UTAH CODE ANN. §78B-12-210(9), the parties have a right to modify this

child support order at any time by petition if there has been a substantial change in circumstances

because of: (1) material changes in custody; (2) material changes in the relative wealth or assets

of the parties; (3) material changes of 30% or more in the income of a parent; (4) material

changes in the employment potential and ability of a parent to earn; (5) material changes in the

medical needs of the children; or (6) material changes in the legal responsibilities of either parent

for the support of others. The change in (1) through (6) must result in a 15% or more difference

between the amount previously ordered and the new amount of child support, calculated using

the appropriate child support worksheet, and the difference must not be of a temporary nature. In

a proceeding to modify an existing award, consideration of natural or adoptive children other

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than those in common to both parties may be applied to mitigate an increase in the child support

award but may not be applied to justify a decrease in the award.

40. ORS child support services. If at any time either parent desires to use ORS to

collect and/or enforce child support, the obligee or payee parent should be entitled to immediate

and automatic income withholding pursuant to UTAH CODE ANN. §§30-3-5.1 and 62A-11-101

et seq.

FULL DISCLOSURE OF ASSETS

41. Each party should make a good faith effort to disclose all income, assets and

debts. If it is later determined that a party has intentionally failed to provide these disclosures,

the non-disclosed income and asset may be subject to forfeiture or the debt may be subject to

award to the other party.

DEPENDENCY EXEMPTION/CHILD TAX CREDIT

42. Award. The parties should alternate claiming the children as dependency

exemptions/child tax credits for federal and state tax purposes.

a. While there are two children to claim as dependency exemptions/child tax credits,

Hema should claim the oldest child every tax year and Manish should claim the

youngest child every tax year.

b. When there is only one child to claim, Manish should claim that child in even-

numbered tax years and Hema should claim the child in odd-numbered tax years.

43. Current child support obligation. In accordance with UTAH CODE ANN. §78B-

12-217(3), the payor should be entitled to claim the dependency exemption/child tax credit

indicated herein so long as they are current on their child support obligation by December 31 of

the given tax year.

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 44. Necessary forms. The parties should cooperate in completing and signing any tax

forms required by the IRS that will enable the other party to claim the dependency

exemption/child tax credit he or she is entitled to claim.

UNINSURED MEDICAL COSTS/OUT-OF-POCKET

INSURANCE PREMIUMS- CHILDREN

45. Pursuant to UTAH CODE ANN. §§30-3-5, 30-3-5.4 and 78B-12-212:

a. Insurance at most reasonable costs. The party who can obtain insurance for

medical and dental expenses with the best coverage at the most reasonable

cost for the benefit of the children should be required to do so.

b. Uninsured medical expenses. Both parents should share equally all

reasonable and necessary uninsured and unreimbursed medical, dental, mental

health, prescription, optical, orthodontia, and physical, occupational, speech

and social skills’ therapy expenses, including deductibles, co-insurance and

co-payments, incurred for the children and actually paid by a party.

c. 30-day written verification of payment and cost. The party who incurs

medical, dental, mental health, prescription, optical, orthodontia, or physical,

occupational, speech and social skills’ therapy expenses should provide

written verification (e.g., invoice, receipt, bill, etc.) of the cost and payment of

those expenses to the other party within thirty (30) days of payment and after

the insurance company has paid its portion. The party who incurs these

expenses may be denied the right to receive credit for the expenses or to

recover the other party’s share of the expenses if that party fails to comply

with this order. The party who incurs the expenses should be reimbursed by

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 the other party within thirty (30) days of receipt of the written verification of

payment and cost.

d. Primary and secondary coverage. If, at any point in time, the dependent

children are covered by the health, hospital, or dental insurance plans of both

parents, the insurance plan of the parent that provides the best benefits should

be primary coverage for the children, and the plan of the other parent should

be secondary coverage for the children.

e. Remarried step-parent insurance coverage. If a party remarries and his or her

dependent children are not covered by that party’s health, hospital, or dental

insurance plans, but is covered by a step-parent’s plan, the insurance plan of

the step-parent should be treated as if it is the plan of the remarried party and

should retain the same designation as the primary or secondary plan of the

children.

f. Out-of-pocket costs of insurance premium. Both parents should share equally

the out-of-pocket costs of the premium actually paid by a party for the

children’s portion of insurance. The children’s portion of the premium is a

per capita share of the premium actually paid, calculated by dividing the

premium amount by the number of persons covered under the policy and

multiplying that result by the number of children in the instant case. This

amount should be automatically deducted from or added to the child support

paid or owed.

g. 30-day written verification of coverage and/or changes. The party ordered to

maintain the medical and dental insurance coverage for the children should

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 provide written verification of coverage (e.g., any new insurance card) to the

other party and to ORS, if applicable, on or before January 2 of each calendar

year, or during the month in which open enrollment occurs, and notify the

other party and ORS within 30 days of any change of carrier, premium, or

benefit.

DIVISION OF ACCOUNTS

46. The parties may elect that medical/dental and school expenses be created in

separate accounts for payment by each parent as long as the provider receives a copy of the

Divorce Decree at or before the day on which the provider first renders medical/dental services

or issues a bill for school fees pursuant to UTAH CODE ANN. §15-4-6.7.

CHILD CARE EXPENSES

47. Shared equally. In accordance with UTAH CODE ANN. §§30-3-5 and 78B-12-

214, both parties should share equally all reasonable work-related childcare expenses. The

parties should pay their own childcare costs if the childcare is being done by a friend or family

member.

48. Written verification of cost and identity of provider and changes. The parent who

incurs childcare expenses should provide written verification of the cost and identity of a

childcare provider to the other parent upon initial engagement of a provider and thereafter on the

request of the other parent. The parent incurring and/or paying for childcare expenses should

notify the other parent of any change of a childcare provider or the monthly expense of childcare

within 30 calendar days of the date of the change. A parent incurring childcare expenses may be

denied the right to receive credit for the expenses or to recover the other parent’s share of the

expenses if the parent paying for the expenses fails to comply with this order.

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 49. Immediate monthly payments. The parent not directly paying for childcare should

begin paying his or her share of childcare expenses on a monthly basis immediately upon

presentation of proof of the childcare expense.

PUBLIC ASSISTANCE STATEMENT- ORS

50. On information and belief, neither Manish, nor Hema, have received or are

receiving public assistance from the State of Utah. Therefore, ORS should not be required to

intervene.

ALIMONY

51. Pursuant to UTAH CODE ANN. §§30-3-3 and 30-3-5, neither party should be

awarded alimony, as there is no need and both parties are capable of providing for their own

financial needs. See UTAH CODE ANN. §30-3-5(10(d).

52. If alimony is awarded, the alimony obligation should automatically terminate

upon the payee’s remarriage, death, or after payor has established, if applicable, that payee is

cohabiting with another person, whichever occurs first, and/or be awarded for no longer than half

the length of the marriage.

REAL PROPERTY

53. Marital home. During the marriage, the parties acquired a home located at 949 S

120 W, American Fork, UT 84005 (hereinafter “marital home”). The marital home should be

disposed of by sale as follows:

a. Exclusive use and possession. Manish should be awarded exclusive use and

possession of the marital home during and after the pendency of the divorce to

enable the children to have continuity and stability.

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 b. Liabilities and obligations. To preserve the marital home asset, the mortgage

payments, property taxes and insurance on the marital home should be paid from

the parties’ business income pending divorce.

c. Terms of Sale. The marital home should be placed on the market for sale within

60 days of entry of the Divorce Decree. The parties should mutually discuss and

agree in writing on a real estate agent and accept the recommendations of the

agent as to offer, counter-offers, etc.

d. Priority of net sales’ proceed. As part of the marital property division, the net

sales’ proceeds from the sale of the home should be divided equitably between the

parties after retirement of the mortgage and costs of sale.

54. Business property. During the parties’ marriage, they acquired ownership interest

in property located at 690 W State St., Pleasant Grove, Utah 84042 (hereinafter “Business

property”). The business property should be disposed of by sale as follows:

a. Exclusive use and possession. Manish should be awarded exclusive use and

possession of the business property until the business can be dissolved.

b. Liabilities and obligations. To preserve the business property asset, the mortgage

payments, property taxes and insurance on the business property should be paid

from the parties’ business income pending divorce.

c. Sale of business and property. In connection with the dissolution and sale of the

parties’ business, a Texaco/Quick Mart, and as part of the marital property

division, the net sales’ proceeds from the sale of the business property should be

divided equitably between the parties after retirement of the mortgage and costs of

sale.

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 55. Property in India. Any marital ownership interest in real property located in India

should be divided equitably between the parties after an appraisal and refinance of the loan, as

necessary, at the time of entry of the Divorce Decree. Any separate or pre-marital property

interests should be awarded to that party who acquired the property in India as separate or pre-

marital property, and the other party should sign a Quitclaim Deed or similar legal instrument at

the time of any cash payout.

PERSONAL PROPERTY

56. During the parties’ marriage, the parties acquired personal property. The parties

should be awarded said property as follows with any equity equitably divided between the

parties:

Item description: Awarded to:

2020 Honda Accord Manish
2013 Honda Odyssey Hema

57. The parties should be awarded the exclusive use, possession and ownership of the

personal property items listed above in the table, including the associated debts and liabilities,

and should indemnify and hold the party harmless therefrom.

58. The parties should also be awarded all non-marital personal property each owned

and possessed prior to the marriage, including inherited family heirlooms, etc.

59. All other personal property, including, but not limited to, gold, other vehicles, etc.

should be equitably divided between the parties as they agree, as they have already divided it, or

as ordered by the Court. If there is a dispute, the parties should first mediate the dispute without

attorneys before seeking Court intervention.

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 BANK ACCOUNTS

60. The parties should be awarded or offset an equitable share of any marital monies

deposited in any bank accounts, joint, individual or business, in either party’s name.

RETIREMENT/INVESTMENT ACCOUNTS

61. On information and belief, neither party owns any retirement or investment

accounts. If any retirement/investment accounts are later discovered, the parties should be

awarded those accounts in their own names.

DEBTS

62. Later discovered debt. On information and belief, the parties do not currently

have any marital debt aside from the mortgage(s) on their marital home and business property, as

applicable, and an SBA loan for the business. If it is later found that during the parties’

marriage, the parties contracted or incurred debt, the debt should be assigned to the party who

incurred the debt in their own name.

63. Indemnification. A party who is responsible for any joint debt, obligation and

liability should keep said debts current and in good standing with creditors, indemnifying and

holding the other party harmless from all loss, damage, demand or claim of any kind arising from

the responsible party’s failure or neglect to do so.

64. Notification of creditors. A party who is responsible for any joint debt, obligation

and liability, should notify respective creditors or obligees regarding the division of said debts,

and regarding the parties’ separate, current addresses. These orders should be enforced by sale

of any property of the spouse, contempt proceedings, or otherwise as may be necessary.

65. Separate debts. Pursuant to UTAH CODE ANN. §30-2-5, neither spouse should

be personally liable for the separate debts, obligation and liabilities contracted or incurred by the

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other spouse during the marriage, except family expenses in UTAH CODE ANN. §30-2-9. Any

and all debts incurred by either party after on or about July 27, 2022, the date of separation

should be the sole responsibility of the party incurring the debt, with the other party being

indemnified and held harmless therefrom.

BUSINESS

66. During the marriage, the parties acquired an ownership interest in “M PATEL

ASSOCIET, LLC,” a Texaco/Quick Mart (hereinafter “business”). The parties should dissolve

and sell the business in compliance with the LLCs Operating Agreement by closing all tax

accounts, filing Articles of Dissolution with the Utah Division of Corporations & Commercial

Code, doing a business valuation paid for by the business, and dividing the net sales’ proceeds

equitably after retirement of any related secured loan(s), including the SBA loan, and deducting

costs of sale.

LIFE INSURANCE

67. In accordance with UTAH CODE ANN. §30-3-5, the parties should review,

update and acknowledge, where appropriate, the list of beneficiaries in their life insurance

policies or annuity contracts and affirm that the listed beneficiaries are the intended beneficiaries

for any funds paid by the insurance company under the terms of the policy or contract after the

divorce becomes final.

MUTUAL TEMPORARY RESTRAINING ORDERS

68. Rule 109 Domestic Relations Injunction. The parties should comply with the

provisions of the Court-issued Domestic Relations Injunction during the pendency of the divorce.

69. Preservation/spoliation notice. Except in the ordinary course of business or to

provide for necessities of life, the parties should be restrained from transferring, encumbering,

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concealing, dissipating, wasting, or disposing of any property during the pendency of these

proceedings without the express, written agreement of the parties or until otherwise ordered by

the Court. The parties should also not spend any money on paramours, as applicable.

NAME CHANGE

70. If Hema desires to change her last name back to her maiden name, the Decree of

Divorce should act as her name change order.

ATTORNEY FEES AND COSTS

71. Hema should pay Manish’s attorney fees and costs to enable him to prosecute

and/or defend this action pursuant to UTAH CODE ANN. §30-3-3(1).

DUTY TO SIGN DOCUMENT IMPLEMENTING DECREE OF DIVORCE

72. Both parties should sign and fully execute whatever documents are necessary for

the implementation of the provisions of their Decree of Divorce. Should a party fail to execute a

document within sixty (60) days of the entry of their Decree of Divorce, the other party may

bring a Motion to Enforce court orders at the expense of the disobedient party and ask that the

Court appoint some other person to execute the document pursuant to Rule 70 of the Utah Rules

of Civil Procedure. Any document executed pursuant to Rule 70 has the same effect as if

executed by the disobedient party.

WHEREFORE, Respondent asks that he be granted a divorce pursuant to the terms of

this Verified Counterclaim for Divorce Decree, and for such other relief as the Court deems

equitable and just.

DATED: September 15, 2022.

HOYER LAW FIRM PC

/s/ Casey T. Hoyer

Attorney for Respondent

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 VERIFICATION

I declare under criminal penalty under the law of Utah, as found in UTAH CODE ANN.

§78B-18a-106, that the foregoing is true and correct.

Signed on the 15th day of September 2022, at Lehi, Utah.

Manish Patel
Printed name

/s/Manish Patel (signed electronically with permission via email that is kept on file)
Signature

CERTIFICATE OF SERVICE

I hereby certify that on September 15, 2022, I served via EFILE, a true and correct copy
of the foregoing VERIFIED ANSWER and COUNTERCLAIM FOR DIVORCE DECREE:

Martin N. Olsen, Attorney for Petitioner

OLSEN & OLSEN LAW, L.L.C.
rep@olsenfamilylaw.net

/s/ Casey T. Hoyer

Attorney for Respondent

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