Questions Working Women and Mothers Often Ask Me About Divorce
ERIC, MY HUSBAND AND I HAVE BEEN MARRIED FOR 20+ YEARS. WE HAVE 4 CHILDREN TOGETHER 3 OF WHOM ARE STILL MINOR CHILDREN. MY HUSBAND AND I BOTH HAVE JOBS.…
Selling a House During Divorce: Common issues you should expect and how to deal with them
Selling a House During Divorce: Common issues you should expect and how to deal with them By John Hamilton Associate Broker Windermere Real Estate-Utah (801) 558-4998 johnh@winutah.com Table of…
What’s the best way to hide money from your spouse before divorce and where is the best place to hide it?
What's the best way to hide money from your spouse before divorce and where is the best place to hide it? You should not hide marital money from your spouse.…
What are some ways people who are getting divorced have hidden their assets?
What are some ways people who are getting divorced have hidden their assets? I have answered a question similar to this one previously on Quora: Eric Johnson's answer to: What's…
Can a wife expect a property to be split equally if she cheated?
Can a wife expect a property to be split between partners if she cheated on her partner in the US (assuming no contract has been signed)? Yes. People who are…
Who gets the house, if one of us had an affair?
After 1.5 years trying to reconcile after my wife's 5 year affair, we are ending our 20-year marriage. Despite two teenage kids and her being a stay-at-home mom, she had…
Sandusky v. Sandusky – 2018 UT App 34 (23-Feb-2018) – bifurcation, separation agreement, court discretion
2018 UT App 34 THE UTAH COURT OF APPEALS KYLEE J. SANDUSKY, Appellee, GEORGE A. SANDUSKY, Appellant. Opinion No. 20160131-CA Filed February 23, 2018 Third District Court, Silver Summit Department…
I was awarded the house in my divorce, but my ex has refused to sign the deed. The mortgage is only in my name. What can I legally do?
I was awarded the house in my divorce, but my ex has refused to sign the deed. The mortgage is only in my name. What can I legally do? My…
Is the money I earn at my job during the marriage marital property?
Are my earnings from my job that I earned during the marriage marital property? Almost certainly. Black’s Law Dictionary defines “marital property” as follows: Property that is acquired during marriage…
My bank account was subpeonaed. Will the bank share business account transactions or only personal account?
My bank account was subpeonaed. Will the bank share business account transactions or only personal account? In Utah, where I practice law, here’s how the bank will respond to the…
DeAvila v. DeAvila, 2017 UT App 146 (August 10, 2017) – what is marital property? – how is marital property valued?
DeAvila v. DeAvila, 2017 UT App 146 (August 10, 2017) ----------------------------------------- THE UTAH COURT OF APPEALS CRISTY DEAVILA, Appellant, v. PERICLES DEAVILA, Appellee. ----------------------------------------- Opinion No. 20160024-CA Filed August 10,…
White v. White – 2017 UT App 140 (August 3, 2017) – division of marital assets – homestead exemption – proper service
White v. White - 2017 UT App 140 (August 3, 2017) - division of marital assets - homestead exemption - proper service THE UTAH COURT OF APPEALS DEAN WHITE, Appellant,…
MacDonald v. MacDonald, 2017 UT App 136 (August 3, 2017) – modification of alimony – unforeseeable circumstances
MacDonald v. MacDonald, 2017 UT App 136 (August 3, 2017) THE UTAH COURT OF APPEALS KIRKPATRICK MACDONALD, Appellant, v. LEE ANNE MACDONALD, Appellee. Opinion No. 20150785-CA Filed August 3, 2017…
Remarriage Affecting Child Support?
QUESTION: Does remarriage affect child support? My ex-wife remarried a man who makes about 4x more than I do annually. Because of this she doesn’t have to work anymore. I…
Can I Use Home Equity to Finance My Divorce?
Question: If I don't have a lot of money but have substantial home equity[1], and really need a good attorney, can I somehow leverage this to get an attorney? Answer:…
If You Agreed to Get Hosed in Your Divorce Settlement, You Will Get Hosed
So you don't like the terms of your divorce settlement and you're wanting to modify those terms. I hope that when you signed that settlement agreement you didn't agree to…
Guide to Succeeding in Divorce While Reducing the Time and Costs
Contents If you are the victim of serious or escalating domestic violence, get help and get to safety first. 2 Advance Planning, If You Have That Option. 2 Gather in…
Are Workers Compensation and Personal Injury Awards Considered Marital Property in Utah?
I cannot find any case law in Utah on the subject of workers compensation awards and whether they are treated as marital or separate property in divorce. As for the…
Dividing Military Pensions and Benefits – Part 3 – Other Benefits.
In Dividing Military Pensions and Benefits Part 2, we covered formulas for splitting retirement pay for services members recommended by the Uniform Services Former Spouses’ Protection Act (USFSPA).[1] With this…
Dividing Military Pensions and Benefits – Part 2 – Formulas for Dividing Military Pensions
In Dividing Military Pensions and Benefits Part 1 we covered what Uniform Services Former Spouses’ Protection Act (USFSPA)[1] is and how it applies to you if you or your spouse…
Should I Get a Divorce Coach? (I won’t keep you in suspense: No).
My blog post here is inspired by a blog post by Karen Bigman, who identifies herself as a “divorce coach.” Here is the link to her post, there’s a link…
Equally Yoked Doesn’t Decrease Your Freedom, it Multiplies Your Power
I recently read advice from a man I follow for a lot of good advice that I follow. He was recently asked a question about what do if you and…
Are We Still Married?
Question: Are we still married? I tried to get a copy of a divorce decree from my ex husband, but found out there is no decree, because it was never…
The 5 Minimal Things You Must Consider Before File for Divorce
When considering a divorce, there are a few fundamental steps that can help you avoid major pitfalls. Not every divorce is the same, but these five fundamental steps are a…
What to Do (not how to do it—that’s for a different article) Do to Negotiate Settlement in Divorce Successfully
The value of settlement comes in resolving the dispute faster and more inexpensively than the litigation route. In most (not all) cases, it is better to compromise than to win…
Equitable Distribution of Property in Utah
Equitable distribution of property in Utah divorce, and what that means Different states divide marital property in different ways. Utah (and other states’) law applies the principle of equitable distribution…
Divorce and Separation, Income Taxes, and Your Filing Status
Most people’s divorce decrees are not issued to coincide perfectly with the first day of the new year, nor do their decrees split all property and child custody rights perfectly…
Child Custody and Tax Implications
So, what happens tax-wise if you have children, are divorced, and share custody of the kids? You could possibly have joint custody, sole (sometimes called “primary”) custody, joint or sole…
Prenuptial and Postnuptial Agreements in Utah
Many people enter marriage wanting to protect certain assets in the event the marriage were later to fail. When parties enter a marriage and one or both of the members…
Artificially modifying income: Why efforts to trick the court about your income usually will not work
Near countless hours have been spent fighting over how much alimony or child support parties should pay and receive in a divorce action. While in Utah the legislature has established…