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…
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…
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…
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 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…
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 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 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District…
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…
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…
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 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 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…
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…
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…
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? Said parent is losing time with her child because her…
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 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…
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,…
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 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? First, there are penalties meted out; in my opinion few (far too few) in law enforcement, child…
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…
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…
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? There are two types of men who ask this question:…
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…
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 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? 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? 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? 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? 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,…
(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…
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?…
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? Many who “answered” your question didn’t read your…
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?…
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…
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…
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 - THE UTAH COURT OF APPEALS SHANNON OLIVIA GERWE, Appellee, v. BRIAN SCOTT GERWE, Appellant. Opinion No. 20160117-CA Filed April 26, 2018 Second District…
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 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…
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…
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-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? In all seriousness: virtually none. In Utah (where I practice law), as long as one seeking a protective…
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…