MacFarland v. MacFarland – 2021 UT App 58
021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second…
021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second…
Nakkina v. Mahanthi - 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District…
Ward v. McGarry - 2021 UT App 51 NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. …
I frequently encounter comments made in child custody disputes to the effect that “courts favor the nurturing and detailed attentiveness of mothers over fathers.” I am as grateful for such comments as I am disheartened by them. Grateful…
Author Bio: Cristin Howard runs Smart Parent Advice, a site that provides parenting advice for moms and dads. Cristin writes about all of the different ups and downs of parenting, provides solutions…
First, you need to understand that Utah, like every other state in the U.S. has what are known as a “no-fault divorce law”. No-fault divorce means that you don’t have…
Allow me to start this answer by clearing the air a bit: First, there are many fathers who are clearly unfit fathers but who nonetheless believe the only or the…
First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you…
My spouse opens accounts in my name, steals checks, forges my signature. How do I get my spouse to stop? Without telling me, my spouse opens store accounts in my…
I have custody of my child. He left to go to his mom's last Friday for the weekend. He is refusing to come home because he wants to live there.…
I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will…
That is an interesting question. Before I answer it, know this: anyone who is motivated to marry on a “what’s in it for me?” basis and who stays married motivated…
I am a father who has exercised at least 50/50 custody with my ex. Now she's trying to take me to court for full custody and me getting every other…
Guest post: https://www.bankrate.com/finance/credit-cards/financial-infidelity/ Financial infidelity plagues many households, led by millennials By Ted Rossman Ted Rossman's Twitter profile Mar. 19, 2021 / 3 min read At Bankrate we strive to help you make…
Can a divorced spouse claim rights to a previous primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that…
Can a divorced spouse claim rights to a premarital primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that…
Good news, apparently, for parents deserving of joint equal physical custody of their children but who have, up until now, been fighting an unfair, unnecessarily uphill battle. The Utah Legislature passed,…
Can a mother lose custody even if the child is still very young? Are there any situations where a mother can lose custody even if their child is still very…
Can the other parent send someone I’ve never met to pickups and drop-offs for our child? Can the other parent send someone I’ve never met to pickups and drop-offs for…
How long does it take a divorce to become final if one party is refusing the divorce? It can take an amazingly, shockingly long time. One of the most frustrating…
Should I pay my lawyer to talk to the attorney of the other party? He spent 3 hours last week responding to 12 emails from the other lawyer and I…
Why do attorneys often use the title "Esquire" in their business cards and letterheads? Because the kinds of attorneys who use "Esquire' are conceited and pretentious. There's a great article…
Do parents who share joint equal physical custody of their children pay child support? If my spouse and I were to agree to share joint equal physical custody (50-50) of…
Do you need a reason to get a divorce? Not really, at least not in the jurisdiction where I practice divorce law (Utah). Even if you get a “no fault”…
Why do attorneys often use the title Esquire in their business cards and letterheads? Because those kinds of attorneys are conceited and pretentious. There's a great article about this on…
What are suggestions for modifying child custody for an alternating weekend schedule if Monday drop-offs are removed and weekdays are not an option? Is this a trick question? Correct me…
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you…
Why is it difficult for a father to get child custody? Because there is a pernicious and false belief in far too many of the courts (not, notably, in society…
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you…
If I can’t find an attorney, can it honestly be said I got a fair trial? If a person seeks legal representation in a court, and every attorney they tries…
Why does someone need an attorney when they can just defend themselves in court (pro se)? Why does someone need an attorney when they can just defend themselves in court?…
Are older lawyers better? If by “older” you mean lawyers who are not fresh out of law school, the answer is: almost always yes. They don’t teach you how to…
How is it possible that people go bankrupt during divorce in the USA? Isn't it a 50/50 split? It’s not “the divorce” that causes people to go bankrupt, it’s the…
Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview? How could it be better to spend thousands on a GAL or custody evaluator when the…
Would you tell someone that his/her spouse is cheating? First, I need to make clear that my answer is in my capacity as just a member of the public. If…
Utah Divorce Case Timeline Summary The greatest influence on how long a divorce case takes is usually how much and how severely the parties fight over the issues. The more…
What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few…
Why do pro se litigants fail so often? And if you’re wondering what a pro se litigant is, here’s the definition: someone who argues his/her own case in a lawsuit,…
When a young couple divorces after only a month of marriage, should there ever be an expectation that one party owes anything to the other, even if they lived with…
How does the court view mothers that abandon their family during a divorce? Generally, with disbelief, at first. Why? A few reasons. One, to its credit, our culture still holds…
Is being a divorce lawyer miserable? Miserable? Can be (and is) for some divorce attorneys, but for me it’s chronically discouraging. Sure, the human pain and betrayal to which we are…
If you haven’t seen "Erasing Family" and you’re going through a child custody dispute, you should. You really should. Because you really don't have any idea what you're in for.…
How can we change the court system in order to make divorces easier on the children? In my opinion: Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce…
There's No Situation That Can't Be Made Worse by Calling the Police By Brian Godfrey I was talking with someone about divorce and family law situations the other day and…
That depends on what you mean by “nice”. Do you mean “with kindness”? Not necessarily kindness, but certainly decency. You are morally obligated to treat your spouse with decency, but…
Must I engage in all-day mediation in my divorce action, or for some other specific time period? No, there is no mandatory minimum period of time you must spend in…
I’ve been a divorce and family law attorney for 23 years and gone back and forth over the years on my opinion of how the courts feel about and how…
2019 UT App 207 - THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt…
While it is true that some lawyers write up needlessly long divorce documents just to pad their bills, even the most efficient and honest lawyers often find themselves having to…
People who are getting divorced fall into one of two categories: those who want to divorce while doing each other as little harm as possible; and those who don’t care…