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…
Can I represent myself in a child custody dispute and win?
Can I represent myself in child custody matters of my own children and win? What you really mean is, “Can I represent myself in child custody matters of my own…
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…
What is the best way to get the courts to follow the laws already on books and the constitution for custody battles?
What is the best way to get the courts to follow the laws already on the books and the constitution for custody battles? To be frank, in my opinion there…
As a divorce lawyer, what is the most petty thing one of your clients had you do?
QUESTION: As a divorce lawyer, what is the most petty thing one of your clients had you do? ANSWER: Thanks for the question. The answer is: nothing. Legal whores do…
Why does the mom usually win custody of her kids in a divorce?
Why does the mom usually win custody of her kids in a divorce? Why are mother's awarded child custody so often? There is one main reason, and many ancillary reasons,…
Cool as a Cucumber: How to Testify Successfully at Your Deposition or in Court in a Domestic Relations Case
Cool as a Cucumber[1]: HOW TO TESTIFY SUCCESSFULLY AT YOUR DEPOSITION OR IN COURT IN A DOMESTIC RELATIONS CASE [1] This phrase (c. 1732) derives from ancient folk knowledge confirmed by…
Look, I know you want to believe mediation is the magic pill for divorce but you’re missing a crucial point
Way too many mediators (whether of the collaborative stripe or other persuasion) insinuate that 1) divorce without mediation is doomed to anger and misery; and 2) merely engaging in mediation…
What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time?
Question: What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time? What effect can this have…
My ex just announced he’s taking the children during my parent-time.
QUESTION: I have a question about parent-time inference. My ex-husband is taking the children out of town last minute and his plans overlap and will interfere with my holiday parent-time.…
4 Reasons Divorce Makes Good People Act Like Total Jerks
4 Reasons Divorce Makes Good People Act Like Total Jerks Don't let the it get the best of you! Why is it that people who seemed to be fairly rational…
What if my spouse won’t complete the divorce orientation and education courses?
What if my spouse will not complete the divorce orientation and education courses for parents? Can the judge still grant the divorce? Yes. You can file a motion notifying the…
Can a Child Be Held in Contempt of Court for Non-compliance with Child Custody and Parent-time Orders?
A minor child of divorced parents need not be a party to the divorce action to be subject to the court’s contempt power. See Crank v. Utah Judicial Council, 20…
Does child support still continue while child is in college?
QUESTION: I was wondering if a child goes to college but still lives with a parent, does child support still continue while child is in college? ANSWER: The Utah Code…
Defending Yourself Against a Protective Order
My friend is a good man. His wife is crazy. She put a protection order against him, to help manipulate the court proceedings. What should he do? Defend himself with…
Rule v. Rule – 2017 UT App 137 (August 3, 2017) – alimony – standard of living
Rule v. Rule - 2017 UT App 137 (August 3, 2017) – alimony – standard of living THE UTAH COURT OF APPEALS GEOFFREY S. RULE, Appellee, v. RICHELLE RULE, 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…
Can a 16 year old sleep with a 10 year old?
Can a 16 year old sleep with a 10 year old? If by your question you mean to ask, "Can a 16-year-old child sleep in the same bed with a…
Spousal (and Ex-Spousal) Spying – You Can Go to Prison, If You Do It Wrong
Have you ever thought about “bugging” your children’s teddy bear or diaper bag to eavesdrop on your ex? A parent in Utah tried this exact thing (spoiler alert: it didn’t…
What are my chances of getting 50/50 custody of my child in court, if the other parent refuses to give me more time?
What are my chances of getting 50/50 custody of my child in court, if the other parent refuses to give me more time? If I'm an air traffic controller and…
What are the biases shown in family law?
What are the biases shown in family law? Every human bias imaginable can affect a family law case, but the ones that I find most common and most troubling are…
Am I required to hire a lawyer for divorce mediation?
Question: Can I hire an attorney after to review the documents from mediation before I sign anything? What if I hire an attorney before we meet mediation? Do I have…
Can a Parent Pay No Child Support and Still Have Visitation and Parent-time Rights?
QUESTION: Dear Eric, My ex and I have been separated for a while now. He has not given us any money for child support. I am supporting my child and…
Do Divorce Courts Care about You? Should They?
Do Divorce Courts Care about You? Should They? But before we go any further on this subject, let us first define the meaning of “care” in the context of this…
Selling Personal Service vs. Running “a Business”
Personal service is getting scarce. That's not necessarily a bad thing. Some services we're happy to accept from a machine: a quick car wash, the convenience of an ATM. But…
Is the Martindale-Hubbell AV rating meaningful anymore (for divorce and family law attorneys especially)?
Consulting Martindale-Hubbell for the AV rating certainly can’t hurt a potential client in helping him or her to assess a divorce or family lawyer’s qualifications, skills, and “fit” with you,…
The Availability of Free Online Divorce Law Information is Great! Really, We’re Not Kidding.
The Availability of Free Online Divorce Law Information is Great! Really, We’re Not Kidding. You can find an abundance of very and useful and interesting legal information online for free,…
Protection from Domestic Violence in Utah
An act of domestic violence could lead to civil court action, criminal court action, or both. So first, let’s make sure you understand the difference between civil and criminal court…
Fixed or Flat Fee Attorney Pricing
I experimented with fixed-fee pricing over the billable hour for over a year and a half before I got it down to a system that works for both my client…
What does the law in Utah require of divorced parents of minor children when they want to relocate?
What does the law in Utah require of divorced parents of minor children when they want to relocate? Unless your decree of divorce provides differently, then Utah Code § 30-3-37…
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…
Save Yourself from Bad Divorce Lawyers
You’ve heard the nightmare divorce stories: The divorces that go on and on for years with no end in sight, all the while costing tens of thousands of dollars; The…
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…
Some Truly Helpful Online Tools to Make Child Custody and Visitation (Parent-time) Easier to Manage
Let’s face it; sometimes it’s hard to communicate with your ex (or soon to be ex) about the kids. Feelings start to arise, and soon you are in another argument…
Can I Seek an Award of Custody of My Child If I Am an Unwed Illegal Immigrant?
All biological parents have the right to petition for custody of their child or children whether they have ever been married to the other parent, or not. Additionally, all parents…
In Utah, Can a Step-Parent Get Visitation of Custody of a Child Who Is Neither His/Her Natural Nor Adopted Child?
Can a step-parent get visitation or custody of a child who is neither his/her natural nor adopted child in Utah? The short answer is that it’s legally possible, but just…
What Do I Really Need to Prove to Modify a Child Custody Award Order in Utah? a Summary of Zavala v. Zavala
What Do I Really Need to Prove to Modify a Child Custody Award Order in Utah? a Summary of Zavala v. Zavala Zavala v. Zavala, 2016 UT App 6 Opinion…
How are Pets Handled in Divorce
Want to know what’s a burning topic of interest among the sheeple divorce lawyers out there these days? How are pets handled in divorce. Please. This is a real snippet…
Utah Is (at Least Trying) to Make Child Custody Litigation Less Expensive and Time-Consuming
Utah is (at least trying) to make child custody litigation less expensive and time-consuming with a relatively new rule (as of February 2014, when this blog posting was originally published):…
Narcissism vs. Self-love
By Scott Carter, CMHC Typically, when people think of narcissism, they think of people who are full of themselves and even people that love themselves more than anyone else. The…
Divorce and Family Lawyer “Win/Loss” Statistics
Potential divorce and family law clients want to know my “win/loss record.” Frankly, until just now, I’ve never thought to keep track of this information. Why? Not because I am…
Divorce and Spirituality
If, when you think your divorce means you have it worse than anyone in the world, consider this: The point is not to suggest that you can feel better because others may…
Preparing for Divorce – Gather Your Financial Information
A number of factors can and will determine how property and responsibility for debts is divided in divorce. After a few years of marriage, most couples have acquired or mixed…
How to Represent Yourself or Make Limited Use of a Lawyer
Divorce can be, and for most people, usually is to one degree or another overwhelming, complicated, and expensive. Many people choose to hire an attorney to represent them in divorce…
Adultery and Divorce in Utah
Some might say that Utah is backwards, a little too old fashioned for these modern times. “After all,” some think, “as long as sexual intercourse occurs between two consenting adults,…
The Key To A Divorce Settlement You Can Live With
“The fairest rules are those to which everyone would agree if they did not know how much power they would have.” — John Rawls You being fair and honest in…
Mediation Can Be Great, Just Go in with Your Eyes Open
Note: I am not anti-mediation and I never have been. I am anti-mandatory mediation. And I object to flawed and fraudulent arguments in favor of mediation. Appeals to authority (“courts…
Divorce Mediation Needs to Up Its Game
At the outset, know this: I am not anti-mediation. I am a trained mediator. I earnestly participate in mediation conferences with my divorce clients. Notwithstanding, the mediation profession at large…
Mediation and Family Law – What You Need to Know
There is much to know regarding mediation and family law, not all of it pleasant. Now that mediation is entrenched in the practice of law (particularly in family law), everyone…
Revenge Porn is a Crime in Utah
Revenge Porn Is a Crime in Utah What is revenge porn, you ask? A form of non-consensual pornography—not that the acts depicted were non-consensual, but that their distribution after the fact was. If, for…