Divorce and family law cases are often described in terms of lawyers: legal advice, strategy, negotiations, and court appearances. None of that works unless the case itself is properly built…
(Yes—even the “harmless” ones) One of the most common and most avoidable mistakes people make during a divorce is communicating too freely, too casually, or too confidently with their spouse…
There’s a persistent belief in the divorce and custody world that the “right” divorce and child custody lawyer can work miracles. That if you hire someone clever enough, aggressive enough,…
In Utah, you don’t get a court-appointed lawyer for a divorce case because a divorce case is a civil, not a criminal, matter. That means even if your divorce case affects your…
People rarely ask plainly the tough questions they actually need answered. In divorce and custody cases, clients often ask surface questions (“How much will this cost?” “Can I get full…
A cheap divorce lawyer almost always costs more in the long run. Low-fee lawyers keep prices low by cutting corners (reusing boilerplate, outsourcing analysis and judgment, and rushing cases to…
When you hire a divorce lawyer, you aren’t usually hiring one person, you’re hiring a team. That’s by design, and it’s not meant to be “shortcut” for your lawyer to…
The Absentee Lawyer Problem: When Your Attorney Isn’t Being Fully Responsible for the Work A growing number of divorce clients are unknowingly paying for work their lawyer never actually did.…
One’s divorce case rarely falls apart just because it is legally or factually weak. More often, it’s the divorcing parties themselves who complicate their cases through avoidable mistakes. Courts in…
Don’t divorce lawyers make mediation harder and more expensive? I'm a divorce lawyer, and I'll be the first to admit it: sometimes lawyers can do more harm than good in the…
(For educational purposes only. Consult your attorney before you considering using these in your own case.) GAL Acting Like a Witness Without Being Sworn “Your Honor, I object. The Guardian…
For generations, the billable hour has been the dominant billing tool of the legal profession. Consequently, courts, attorneys, and even clients have assessed “reasonableness” of an attorney’s fees against the…
World War II’s silk shortage forced the military to abandon a comfortable default; nylon parachutes—stronger, cheaper, and mass-producible—started as a substitute and became the superior standard. COVID-19 did the same…
TL;DR: If you can’t afford your Utah divorce attorney anymore, tell him/her immediately. You may be able to arrange a payment plan, switch to limited scope services, or proceed on your…
‘Can be. ‘Often is, but is not necessarily a war of attrition in all situations. Some divorce cases come to an end not because the court ruled on and resolved…
If you are considering filing for divorce—or if your spouse has already filed—you’ve probably consulted with a divorce lawyer (or should). You likely have your own views (and blind spots)…
One of the most asked questions about divorce (and biggest source of friction between divorce lawyers and their clients) is how you manage your divorce case while working a full-time…
Subject: Please Fund Courtroom Live Streaming I’m writing to ask that you support the $450,000 one-time funding request to enable live streaming of district court proceedings statewide. Live streaming public court…
Well, then, I have good news and bad news. Good news: you can file a motion with the court to seek relief. Bad news: prepare to wait a while before…
In my 28 years’ experience, it’s not common. Indeed, if divorce cases took dramatic turns routinely, they couldn’t be considered dramatic turns. That stated, very true a skilled divorce lawyer…
Divorce is rarely an easy process. Even in fairly amicable situations, emotions can run high and the temptation to engage in dirty tricks can be strong. However, it is possible—and…
Preparing for a consultation with a divorce lawyer is an important step in understanding your rights and options. To make the most of your meeting, consider bringing the following: Provide…
In theory, collaborative divorce sounds ideal. What is "collaborative divorce"? The two spouses discuss together with their lawyers, mental health professional, financial specialist, and sometimes a child psychologist or development specialist…
Are there any potential drawbacks to switching lawyers, besides the added expenses and inconvenience? There are good reasons to switch lawyers, even if you realize this mid-case. That stated, there…
Conflicting Advice Divorce is many people’s first and only experience with serious civil litigation. Many divorce clients can’t believe how different (and how much more disappointing) the legal system is…
Question: Should I pay my lawyer to talk to the opposing party’s attorney? He spent 3 hours last week responding to 12 emails from opposing counsel and I need to…
We’ve all heard some version of this story: the dramatic, knock-down, drag-out divorce. Where every move is a power play and every lawyer is part strategist, part saboteur. If you're…
Some spouses will absolutely exploit the legal system to gain an unfair advantage in divorce proceedings. It's crucial to recognize the manipulative tactics your spouse might employ against you—even if…
Divorce is for most people a very stressful and emotional process. If you are ready to hire a divorce attorney, knowing how to approach working with your attorney can significantly…
Anything is possible, but it is not likely that a recently licensed lawyer of only 6 months could handle an extremely wealthy person’s child custody case. Extremely wealthy people usually…
No one is required to hire a lawyer to represent him/her in a child custody dispute. If you are involved in a termination of parental rights or child abuse case…
When you're involved in a family law matter whether it's a divorce, child custody dispute, or a spousal support issue, one of the most frustrating challenges to encounter is an…
Yes, they can. Not merely agreements, but binding and enforceable court orders can be made by the court to address such an issue too. They are hard to enforce (because…
The decisions to marry and to end a marriage are not decisions to be taken lightly. If divorce is ever an easy choice, something is terribly wrong. Wrong with the…
Find the best lawyer you can and start there; meet with a skilled, diligent, honest lawyer and find out about the divorce process, it’s benefits and detriments, its risks and…
What can a father do if, after the divorce, the mother, who has custody of the child, turns the child against the father? What can he do? There are many things he…
It depends on how you reached this point, and how much time, if any, you have to fix it. If circumstances relevant to the child custody award have materially and…
As soon as we start treating people differently, two things happen: 1) the idea of people being treated equally goes out the window and 2) everyone starts claiming, “My case…
It is common for many to be dissatisfied with the results of their family law cases. No matter how hard they fought or how long they worked at it, sometimes…
Divorce is stressful enough without the added burden of legal fees and worrying about them. So how do you know if you’re being overcharged by your divorce lawyer? Unclear or…
Several important provisions are frequently overlooked in divorce decrees, despite their significant impact on post-divorce life. If you are contemplating divorce, but have not considered these issues yet, thinking them…
Divorce confronts one with many complex issues, emotional strain, uncertain outcomes, and often gut-wrenching decisions. One question that most divorcing people do not consider when they retain the services of…
“Quid rides? Mutato nomine et de te fabula narrator. [Why do you laugh ? Change only the name and this story is about you.]” Here’s a deeply disturbing but all…
An unscrupulous opposing party and his/her attorney can find many benefits to delaying the progress of a pending court case, so it comes as no surprise if and when you…
Most predictably and intuitively: They can take advantage of their greater knowledge of the law and court rules to make better arguments and to outmaneuver you in a case, whether…
I will answer this in the context of the way this issue is treated in my jurisdiction (Utah). First, understand that to prevail on a claim in court, you must…
I humbly and respectfully submit that the following clearly do not meet the burden of proof under the preponderance of evidence standard and thus do not support entry of a…
Family law proceedings in Utah (and in all other states, frankly), differ significantly from other areas of civil or criminal litigation, particularly when it comes to evidentiary practices. While the…
Most of the answer to your question lies in your question itself. If you should be winning the arguments in your case but are losing “due to lack of representation,”…
While every divorce case is unique, the following outlines the general stages and timeframes involved in a Utah divorce case. Understanding the basic timeline of a typical case in Utah…