Dealing with Your Spouse During the Divorce Process
QUESTION: What are some pointers that you may have in getting along with your ex-spouse to be during the process of a divorce? What advice do you have to keep…
Good and Bad Advice About Preparing for Mediation
There's a lot of advice on how to prepare for and go to mediation successfully. But how good is the advice? Let's find out. Read this article about how to…
What’s your opinion on lawyers defending someone they know is guilty?
What's your opinion on defense lawyers defending someone whom they know is guilty? The unavoidable fact is that defense attorneys who knowingly* abet a guilty defendant in avoiding justice are doing wrong,…
What causes a whole family to abandon an innocent family member?
What would cause a whole family to abandon one family member if they did nothing wrong? Many possibilities, including, but not necessarily limited to: Mental illness. Mass delusion. Holding opinions…
What are top things you wish your clients would stop saying/doing?
As a lawyer, what are top things you wish your clients would stop saying/doing? What a great question. Thank you for asking. I have a three-part answer: 1) for all…
Have you ever doubted that your child was actually yours and decided not to find out if true?
No, but over the course of my career as a family lawyer I have spoken to several men who suspected they might not be the biological father of children they…
Computer and Online Evidence in Divorce and Child Custody Cases
I learned from this article (see the link below) a few things I didn't know about computer and online evidence in divorce and child custody cases. You'd be wise to read…
What are options for a parent who’s ex works the judicial system with the purpose of making the parent miserable?
What are options for a parent who’s ex works the judicial system with the purpose of making the parent miserable? Said parent is losing time with her child because her…
I recorded my husband telling me that he wants to hit me. Will this help me obtain custody of our child?
Question: I’m going through a divorce. A day ago, I recorded my husband telling me that he “wants to hit me in the face.” Will this evidence help me obtain…
What can you do when the system is clearly against you?
What are options for a parent who’s ex works the judicial system with the purpose of making the parent miserable? Said parent is losing time with her child because her…
How would you respond to your teen if he/she threatened to call Child Protective Services because you punished them?
This is almost always a no-win situation. There’s little room for error. If you live in a place where the police and social services are decent people with horse sense,…
What advice do you have for a man who just found out his wife wants to divorce him?
I’m a divorce lawyer, but I would like respond to your question both as a lawyer and as a spouse. First, if learning your wife wants a divorce comes as…
When do you know your spouse is lying?
When you can independently verify it; otherwise, there is, as of yet, no perfectly accurate way to know whether someone is lying. Even the most sophisticated “lie detection” equipment (which…
Why are there no penalties for false allegations in divorce and custody issues?
Why are there no penalties for false allegations in divorce and custody issues? First, there are penalties meted out; in my opinion few (far too few) in law enforcement, child…
Can I still get custody or visitation, even if my spouse got a protective order against me?
My husband placed a protection order on me and my son’s name is on it, we are in the divorce process, is it possible that I can still get custody…
What is a simple truth about divorce that most people ignore?
I hate to write this, but I can’t deny it: One simple truth about divorce that most people ignore is that the legal system does a pretty lousy job of…
In your experience, how often do divorces get resolved “amicably” after being filed in court?
Some couples actually realize that while their marriage is a failure, that does not mean that they are bad people. They can care enough about each other to divorce amicably.…
As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce?
As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce? There are two types of men who ask this question:…
When have you believed clients’ stories, but they were lying?
Let me answer your question this way; here are the things divorce lawyers get lied to about the most (in this order): money issues (lying about income, hidden assets) false…
A list of common, but very good, Utah divorce questions (with answers)
ERIC, MY HUSBAND AND I HAVE BEEN MARRIED FOR 20+ YEARS. WE HAVE 4 CHILDREN TOGETHER 3 OF WHOM ARE STILL MINOR CHILDREN. I WAS WONDERING IF YOU MIGHT BE…
What are the biggest challenges a divorce lawyer faces?
What is one of the biggest challenges of a Divorce lawyer? First, read Donald Baranski’s answer to this question (which provided below); it’s excellent, and any divorce client would be…
What’s the most ridiculous thing you’ve heard a parent say when fighting for custody in court?
What's the most ridiculous thing you've heard a parent say when fighting for custody in court? And I’ve heard this more than once: “I want sole custody because if I…
What do divorce lawyers know about relationships that most people don’t know?
What do divorce lawyers know about relationships that most people don't know? People are generally far more dishonest in divorce than they let on. People who believe themselves to be…
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…
Why are divorce attorneys so expensive?
Why are divorce attorneys so expensive? Because we divorce lawyers (I am a divorce lawyer) generally disappoint the people they serve. Some causes of the disappointment are the lawyer’s fault,…
Mower v. Children’s Center – 2018 UT 29 – false memories or false allegations of sexual abuse against a parent
(See also Smith v. Robinson, Case No. 20160106, Filed July 05, 2018, 2018 UT 30, a companion case to this one) This opinion is subject to revision before final publication…
Overcome Prejudice from a Bogus Restraining Order in Divorce
How can you win child custody during a divorce if your spouse puts a restraining order against you, based solely on verbal testimony and not pertaining to the children themselves?…
Is it unreasonable to insist Dad/Mom provide clothes for the kids at his/her place?
QUESTION: Is it unreasonable for me to assume my kids would have their own clothes at their dad's place? He has been requesting that I send specific items with the…
What are the legal repercussions of posting an email chain between myself and my daughter’s custodial parent exposing her downright shady behavior?
What are the legal repercussions of posting an email chain between myself and my daughter's custodial parent exposing her downright shady behavior? Many who “answered” your question didn’t read your…
Why are women generally awarded child custody more often than men?
QUESTION: From a lawyer’s perspective, why do women get child custody almost 90% of the time? Is there really a bias? What factors come into play when deciding about it?…
Confusing Want with Need – don’t expect what divorce cannot deliver
After more than 20 years doing this work: - I know what you want; - I know what you believe you want; and - we both know what you truly…
Not just tragic. Stupid tragic.
You don’t want to incur the judge’s wrath, right? You want the court to think well of you. So your plan is not to make any waves. You won’t make…
A Spouse’s Questions about the Divorce Mediation Process
Questions: If we go to mediation, can I hire an attorney after to review the documents from mediation before I sign anything? What if I hire an attorney before we…
Gerwe v. Gerwe (2018 UT App 75) setting aside postnuptial agreement
Gerwe v. Gerwe - 2018 UT App 75 - THE UTAH COURT OF APPEALS SHANNON OLIVIA GERWE, Appellee, v. BRIAN SCOTT GERWE, Appellant. Opinion No. 20160117-CA Filed April 26, 2018 Second District…
My mentally spouse just got a bogus restraining order. What do I do?
What can I do when my mentally ill lawyer wife wants a divorce, and just got a bogus restraining order on me? Assuming that you are resigned to divorce and…
What’s an effective course of action to address parental alienation?
What would be an effective course of action to address parental alienation? Is there an area of law that intervenes in these cases? First, I’ll tell one of the most ineffective courses…
Child Custody and Where the Children Attend School
How is the school that a child will be attending decided if the parents are separated and live in two different school zones? Real-world, gritty answer that you may not…
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…
What can I do if my ex gambles all the child support I pay?
What can I do if my ex-wife gambles all her money plus child support I give her every month without spending any of it on my twin daughters? In Utah…
What evidence do you need to get a protection order against someone?
What evidence do you need to get a protection order against someone? In all seriousness: virtually none. In Utah (where I practice law), as long as one seeking a protective…
Can the divorce go through if you have not been served divorce papers?
Question: Can the divorce go through if you have not been served divorce papers? Answer: No divorce action can be decided and a judgment entered unless the defendant or respondent…
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…
What happens if a child does not sleep in another room?
What happens if a child does not sleep in another room? I am a divorce lawyer who encounters this (rather silly) “issue” in child custody cases frequently. And here is…
Hesitant to talk to a lawyer? That’s normal. And wise.
Some people are hesitant, even scared, to talk to a divorce lawyer or a family lawyer. But being nervous or afraid of making a mistake is normal. And wise. Hiring…
I wasn’t kidding when I told you the “rent a reputation” offers are a dime a dozen.
I wasn't kidding when I told you the "rent a reputation" offers are a dime a dozen. Yesterday I posted this blog: https://www.divorceutah.com/2018/01/31/rent-a-reputation/. In a nutshell: if you think lawyer honors are…
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…
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…
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…