Pending divorce spouse has moved out and stopped paying bills.
Pending divorce spouse has moved out and stopped paying bills. Should I report to my attorney or just wait until we go to court? Report this to your attorney immediately. There are…
Pending divorce spouse has moved out and stopped paying bills. Should I report to my attorney or just wait until we go to court? Report this to your attorney immediately. There are…
What happens if you’re a restraining order respondent and you miss the hearing? There are a few possibilities, and I will address them in the order of what I think…
2022 UT App 24 THE UTAH COURT OF APPEALS JOHN DINSDALE HILLAM, Petitioner, v. TARA HILLAM, Respondent and Appellant, v. DUSTIN HANCOCK AS INVESTMENT TRUSTEE, Respondent and Appellee. Opinion No.…
I get this question a lot, and frankly, I am curious to know the answer myself: If you have a dedicated sleeve in your wallet that holds your driver license…
Do I need to show up for court if I was never served papers? I live in South Carolina. I cannot speak for or about the jurisdiction of South Carolina…
Is it true that family courts get paid from child support payments? Can someone explain it to me or link me to an article that explains it? The courts do…
Do lawyers typically approach people who will have high profile cases, like Kyle Rittenhouse, to offer their services? Some do. Some do because they are allowed by the ethical rules…
In re J.P. - 2021 UT App 134 2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS…
2022 UT App 15 - Miller v. DaSilva http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Miller v. Dasilva20220203_20200719_15.pdf THE UTAH COURT OF APPEALS LISA M. MILLER, Appellant, v. AMY ELIZABETH DASILVA, Appellee. Opinion No. 20200719-CA Filed February…
How do I find assistance if I own a business with a spouse that owes money in child support, yet we are unable to support ourselves and at risk of…
Are cameras in the courtroom, a cheap form of reality television, or a better way to achieve justice? This is a subject that is near and dear to my heart,…
2022 UT App 5 THE UTAH COURT OF APPEALS CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee. Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022 Third District Court, Salt…
2021 UT App 132 THE UTAH COURT OF APPEALS T.W., Appellant, v. S.A., Appellee. Opinion No. 20200397-CA Filed November 26, 2021 Third District Court, West Jordan Department The Honorable Dianna…
THE UTAH COURT OF APPEALS GARY LEE FISCHER, Appellant, v. MELISSA KAY FISCHER, Appellee. Opinion No. 20200557-CA Filed December 30, 2021 Seventh District Court, Moab Department The Honorable Don Torgerson …
2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.L., Appellant, v. STATE OF…
The way courts in Utah conduct custody evaluations nowadays is indefensible. There is nothing in UCJA rule 4-903 (the rule governing custody evaluations) that requires a custody evaluation to consist of little…
What are some examples of how to not appear judgmental as a lay witness in court? Tell the !@#$% truth, not stories you hope will dupe the court into doing…
According to Black's Law Dictionary (11th ed. 2019): PROCEEDING proceeding (16c) 1. The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement…
What percentage of people lie while under oath in a courtroom, and how often does someone get prosecuted for perjury? Re: What percentage of people lie under oath in a…
In principle, do judges view themselves as referees where they interpret what the law says or do they view themselves as CEOs where they decide what the law ought to…
By Quinton Lister, legal assistant Rule of law. The restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws. My time as a legal assistant for a divorce…
Every aspect of divorce. Every single one. Two cannot live separately and divorced for less than they did together. Litigation is mind-bogglingly expensive and protracted. Even an uncontested divorce can…
I’m assuming that this question comes from someone who is a minor child (i.e., someone who is under the age of 18 and not a legally recognized adult or legally emancipated). This…
By Quinton Lister, legal assistant I am still new at my job. I have only been a legal assistant since Summer of 2021, but I know for myself that I…
How do I get a copy of my restraining order that I have on my ex? I lost the original copy. My answer applies to how you can obtain a…
If you have a lawyer: your lawyer can and should give you a copy. If you don’t have a lawyer: go to the courthouse (if the courthouse is open and allowing members…
Erring on the side of caution is not merely cowardly, not merely corrupt, it is evil. We are to look upon it as more beneficial, that many guilty persons should escape unpunished, than…
Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures By Quinton Lister, legal assistant My minimal exposure to the legal profession as a legal…
What is the biggest mistake a lawyer makes when making closing arguments? Being long-winded and/or obnoxious, repetitive, rambling, imprecise, boring. But here’s the kicker: if you are clear and concise,…
What are some examples of how to not appear judgmental (or worse) as a lay witness in court? Tell the !@#$% truth, not stories you hope will dupe the court…
What are some of the biggest mistakes lawyers make when presenting their case to a jury? Being long-winded, repetitive, rambling, imprecise, boring. But here’s the kicker: if you are clear…
By Quinton Lister, legal assistant I think one of the least understood facets of the legal system by lay people (like myself, a new legal assistant) is the concept of…
In Utah, the answer is: it’s likely that Mom will pay child support to Dad. Generally, unless the primary joint custodial parents makes orders of magnitude more than the other…
Thanks for the laugh. In 25 years of family law practice I’ve never heard of a man seeking custody of children (plural) that do not exist, nor have I ever…
Unless the child support order provides for a change in the child support obligation or benefit in the event and due to the parents moving out of the country, then…
I don’t know, and I doubt that statistics are kept on such a question. If there are such statistics, I do not know of them. Generally, the reputation appointed counsel…
First, whether you “truly believe” something or “find it hard to believe,” testifying to something you believe or don’t believe, as opposed to testifying as to something you know, is…
I will answer this question as it applies in my jurisdiction (Utah). First, no one has a right simply to choose your judge or choose to change the judge assigned to…
No, mothers are not being treated "worse" by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more. Mothers do not have…
Rarely, and when the judge does know, it’s usually because the other parent’s malicious behavior is so way over the top as to be impossible to detect or ignore or…
This is a general response because every jurisdiction may be a little different, but the principles that I discussed below are pretty uniform throughout the United States. Make sure you…
By Quinton Lister, Legal Assistant I attended my first trial this past week. I did not question any witnesses or argue the case at the trial or anything like that because I am not a lawyer…
It is sad, but I think that becoming a legal assistant has made me want to be more engaged with civic processes. It is not sad that I want to…
Last week I reported that I am a complete neophyte when it comes to the practice of law (this is my second week as a legal assistant), and that remains…
With the COVID-19 crisis essentially behind us now (please don't start on the Delta variant) the Utah courts are re-opening the courthouses. And there's nothing wrong with that . .…
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. …
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…
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…