Do prosecutors enjoy convicting people, even if there’s a question of guilt?
As a general rule, no, I don’t think so. There will always be some sick, twisted people in every profession, but it has not been my experience that the majority…
Is it legal to record threatening callers? Are recordings admissible?
You question has two parts. Part 1: can you legally record phone calls (or an in-person conversation)? ANSWER: It depends on the jurisdiction. Some states won’t allow you to record…
Is it illegal to video record people in your home without their knowledge?
Not absolutely, but it can be illegal to video record someone in your home without his/her knowledge. Here is the answer for my jurisdiction (Utah): Utah Code § 76-9-401. Definitions.…
Oldroyd v. Oldroyd – 2019 UT App 155 – premarital property interest, unjust enrichment
Oldroyd v. Oldroyd - 2019 UT App 155 - THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20180257-CA Filed September 26, 2019…
Why doesn’t family law immediately use collaborative law practices to reach decisions?
Because 1) paradoxically, those for whom the true collaborative law process would work best are those who really don’t need collaborative law; and 2) “collaborative law” as it is practiced (as opposed to how…
Do lawyers try to suppress witnesses to help their clients win?
Do lawyers try to suppress witnesses to help their clients win? Some do. Those who do are breaking the law if they do so, but some still do it or…
What is the best comeback a judge has ever made in court?
I was in a divorce case in which the mother’s attorney was claiming that the father should have limited custodial and parent time with their children because, as the mother’s…
Why is it common for the custodial parent to villainize the ex to their child?
I don’t know if it is common for one parent in a divorce (custodial or non-custodial) to villainize their ex to the child, but we know it happens frequently and…
Do married lawyers ever fight each other in court?
Do married lawyers ever fight each other in court? Do you mean to ask whether married lawyers sue each other in court? If that’s your question, the answer is: rarely.…
How does it feel to file for divorce when your spouse doesn’t know it’s coming?
Assuming that your question implies that the ignorant spouse has no reason to believe that there is anything wrong with the marriage and thus no reason to fear the other…
Has the ability of lawyers to advertise been beneficial to our legal system?
Unquestionably, yes. Now don’t misunderstand me. When I say that the ability of lawyers to advertise has been unquestionably beneficial to our legal system, that does not mean I’m saying…
What does it feel like to file for divorce when your spouse doesn’t know what’s coming?
Assuming that your question implies that the ignorant spouse has no reason to believe that there is anything wrong with the marriage and thus no reason to fear the other…
Why do courts seem to rule against husbands so unfavorably regarding custody and alimony?
Sometimes a husband/father is legitimately ruled against in a child custody case because he is unfit to exercise custody. Sometimes that unfitness may be his own fault (he’s abusive and/or…
Disparaging the Other Parent: what not to say
What are some examples of things you shouldn’t say if your custody order says not to disparage your ex to the kids’ medical providers? Look at it this way: if…
How can lawyers justify defending the guilty?
How can lawyers put aside their consciences and defend heinous criminals effectively? First, criminal defense attorney's need not "put aside their consciences" to defend a criminal (accused or otherwise). There…
Why do abusers sometimes get custody of their children?
Simply (but accurately) put: they may intimidate, shame, and/or fool the other party into settling the custody case such that they agree to the abuser being awarded custody ; their…
2018 UT App 181 – Chaparro v. Torero – default judgment, findings of fact, child custody
2018 UT App 181 – Chaparro v. Torero THE UTAH COURT OF APPEALS ELDA CHAPARRO, Appellant, v. ENRIQUE TORERO, Appellee. Opinion No. 20170494-CA Filed September 20, 2018 Second District Court,…
Nebeker v. Orton – 2019 UT App 23 – child custody and parent-time
Nebeker v. Orton - 2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District…
Do I need a separate room for my daughter?
As a single father I can only afford a one bedroom apartment for me and daughter, what alternatives do we have? Most courts will not penalize you for having a…
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…