Is Divorce a Battle of Attrition?
‘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…
The Case for Fault-Based Divorce: A Perspective from the Trenches of Family Law
As a legal assistant at a family law firm (and as a soon to be law school graduate), I see firsthand how the current no-fault divorce regime can create problems…
Should You Get Divorced? Weighing Your Options in a Difficult Decision By Braxton Mounteer, Legal Assistant
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…
My Husband Cheated on Me Multiple Times. We Don’t Have Any Children. I Want to File for Divorce and Seek Alimony. What Should I Do?
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…
Should You Forgive Your Spouse for Cheating? It’s Not That Simple. By Braxton Mounteer, Legal Assistant
There’s no sugarcoating it—infidelity, cheating in a marriage is devastating for most people. It rocks the foundation of everything you’ve built together. It’s the kind of betrayal that makes you question…
How Does Fraudulently Filing for a Protective Order Often Give the Applicants an Insurmountable Unfair Advantage in a Divorce or Child Custody Case?
By exploiting legal mechanisms designed to protect actual victims, here are ways that fraudulently seeking a protective order can create an unfair advantage: Immediate Restriction on Contact and Access Temporary…
What Is the Real Reason Divorce Rates Are So High in the Western World?
So many in the Western world who could be happily married have lost sight of the purpose of marriage, and so their marriages end in divorce not because of any…
What Should I Do if My Husband Wants to Divorce Me for Not Giving Him Children?
There is not much you can do to deny a spouse a divorce, if one lives in the U.S. Spouses in the U.S. can file for and obtain a divorce…
I Know I Should Get a Divorce, but I Don’t Have the Courage to Do So. What Do I Do Now?
We are not meant to be alone. We are meant to be married and to have a family. This is why losing/ending a marriage (and breaking up a family, if…
How Do I Divorce My Husband After 37 Years and When I Have No Job?
This is not an easy decision to contemplate for most people of your age. If you married in your twenties, then you are likely at least 57 years old when…
I Have a Question About Whether to Divorce.
I decided to divorce my husband of 10 years after years of neglect and feeling unloved. We have a 6-year-old daughter. For the majority of our marriage I was always…
Are You Prolonging Your Divorce? By Braxton Mounteer, Legal Assistant
Almost all people going through a divorce say they want the case disposed of as soon as possible, but I have found that most people slow the process down for…
How Difficult Would It Be to Get Legal Custody Back After Willingly Giving 100% Legal Custody to My Child’s Mother?
In Utah, if you have not had your parental rights terminated, but instead you simply agreed to your child’s parent having custody of the child (with you having little to no…
State v. Smith – 2024 UT App 82
State v. Smith - 2024 UT App 82 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. STEVEN TIMOTHY SMITH, Appellant. Opinion No. 20220299-CA Filed May 31, 2024 Fifth…
When Is It Appropriate to Leave a Marriage if Your Spouse Does Not Contribute Financially or Emotionally and Has No Intention of Doing So Due to a Sense of Entitlement From Their Upbringing?
This is a very hard question to answer honestly and sincerely, though at first blush, it may not appear that way. There are very good reasons to divorce in certain…
Should You Stay Friends with Your Former Spouse? By Braxton Mounteer
Whether you should be or try to be friends with your spouse after a divorce is a tough question to answer. Many divorced people continue to care about each other…
My Wife Is Divorcing Me Because I Am Not Rich Enough. She Said It Will Take Me Years to Make Her Feel Financially Secure. I Was There for Her When She Had Mental Breakdowns. What Should I Do?
If your wife really is divorcing you, and not merely threatening to divorce you, because 1) you are not rich enough to suit her, and 2) you are not a…
Have You Heard That Fathers Defeat Mothers’ Claims of DV and Child Abuse by Claiming Parental Alienation?
We all know the aphorism, "If it looks/sounds to good to be true, it probably is [not true]." This also means, however, that if it looks/sounds too 𝙗𝙖𝙙 to be true, it…
What Assumptions Can You Make About Someone Who Has Been Divorced Twice?
You can assume whatever you want about anyone or anything, but that does not mean your assumptions are accurate. And there is this from Merriam-Webster: “Although presume and assume both…
I Am Going through a Custody Battle and the Other Parent Is Making False Statements About Me in Court. What Can I Do to Protect Myself and My Child?
If you want just my direct answer to this question, skip to the last paragraph, but I submit that you’ll have a much better understanding of the answer if you…
46% of divorced couples say this was the No. 1 conflict in their relationship—and it isn’t money
From cnbc.com: 46% of divorced couples say this was the No. 1 conflict in their relationship—and it isn’t money (Published Tuesday, August 15, 2023 2:23 PM EDT; Updated Tue, August 15,…
H.B. 20 “Parental Rights Amendments”
Today’s blog post treats House Bill 20, one of several proposed family law-related pieces of legislation for the 2024 Utah legislative session. H.B. 20 is entitled “Parental Rights Amendments” According…
Family Law Legislation for the 2024 Utah State Legislative Session
Here is a list of the current proposed family law legislation for the 2024 Utah State Legislative session, along with a (very) brief description of the proposed legislation. If you…
What happens to joint credit cards when you divorce?
In the jurisdiction where I practice divorce law (Utah), the law is NOT that joint debt incurred during the marriage will presumptively remain the debt of both spouses (and thus…
Divorce and Social Media By Braxton Mounteer
Most people fundamentally misunderstand what the Internet and social media are. Many believe that social media is a web of interconnections where you can send and receive updates about your…
Should mutual friends choose sides in a divorce?
There’s more to consider than just the mutual friendship. Such as whether someone is seriously in the wrong. You wouldn’t (or shouldn’t) fail to report a friend for committing murder.…
If I Get Married and Divorce Laws Change, Then Can I End the Marriage Before a New Divorce Law Applies Mentioning the Same as the Reason for Divorce?
My answer to your question is going to be a generalized answer to a hypothetical question. Before you take any real-life legal action in relation to real, existing laws, you…
Divorce Is Often a “Cure” Worse Than the Disease
In response to this question, "Have you ever thought someone was making a mistake by getting a divorce?,” I stated (and I summarize here) some people need to divorce. It’s…
U.S. Marriage and Divorce Statistics
My name is Stephanie from flingorlove.com and honestly, I usually wouldn't bother emailing about this, but I researched and gathered as much data and stats as I could about various divorce statistics…
Are Divorce Lawyers Ethically Supposed to at Least Attempt to Dissuade a Client From Divorcing?
Great question. Thank you for asking. The answer (at least for the jurisdiction where I practice divorce law (Utah)) is: no, a lawyer has no ethical obligation to dissuade a…
What are your thoughts on a second marriage?
My answer comes from the perspective of a divorce lawyer who’s been in practice for 26 years. Note that I believe in marriage. Although I am a divorce lawyer myself,…
What are some ways to make the divorce rate drop?
First, some marriages need to end in divorce. That is why divorce exists. But divorce is not always the answer when one or both spouses is/are miserable. Far too many…
Why are so many attorneys seemingly against legal separation?
Why are so many attorneys seemingly against legal separation? I truly feel in my circumstance its best for me/us. Is it because they wont make as much money? We have…
What are the 3 main issues that lead to divorce these days?
Every time you hear about divorce, what are the 3 main issues that lead to divorce these days? I have been a divorce and family law attorney for 26 years.…
So I want to ask my dad to divorce my mom.
So I want to ask my dad to divorce my mom. She has a troublesome personality, to say. I'm currently 16 and the relationship between not just me and my…
What is the brutal truth about a third marriage?
That it is likely going to end in divorce. https://www.psychologytoday.com/us/blog/the-intelligent-divorce/201202/the-high-failure-rate-second-and-third-marriages Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-is-the-brutal-truth-about-a-third-marriage/answer/Eric-Johnson-311?prompt_topic_bio=1
Nix v. Nix – 2022 UT App 83- insufficient evidence of adultery
2022 UT App 83 THE UTAH COURT OF APPEALS JILL NIX, Appellee, v. ROLAND COMPTON NIX JR., Appellant. Opinion No. 20200691-CA Filed June 30, 2022 Fourth District Court, Provo Department…
True or false: Better to divorce than have a miserable life.
This blog post is in response to this question: I don't think it's bad to get a divorce. I think it's more unhealthy to have miserable lives. — Ginger Wynn.…
Why do people get married only to divorce a few years later?
Why do people get married only to divorce a few years later? Doesn't really sound like love to me. With the exception of those divorces that take place shortly after…
How do I stop being afraid of divorcing?
How do I stop being afraid of divorcing? I’m so scared. I’ve been a stay-at-home mother for 18 years. I have health issues. I don’t know if I can provide…
Can I force my spouse to divorce me?
I know of no legal way to force your spouse to filed for divorce against you, but you may not be aware of the fact that your spouse cannot prevent…
What are the most empirically robust factors that predict divorce?
What are the most empirically robust (causal) factors that predict marital dissolution (divorce)? I can give you my guess as to what I believe a rigorous study would reveal based…
Why is the Divorce Rate Higher than Ever?
First, the divorce rate is not currently higher than ever. It has been higher in the past. Unfortunately, the reason the divorce rate is declining is likely because fewer people…
True or false: Better to divorce than have a miserable life.
This blog post is in response to this question: I don't think it's bad to get a divorce. I think it's more unhealthy to have miserable lives. — Ginger Wynn. What are…
What is the best DIY book about divorce in the U.S.?
There isn’t one. There can’t be. I’ll explain why and what you can and should do if you want to go the DIY divorce by the book route. The main…
Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate
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…
T.W. v. S.A. – 2021 UT App 132 – child custody
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…
Is filing for divorce altogether worth it despite the high cost and heavy emotional toll?
There are clearly circumstances that not only justify but may even necessitate a divorce. No one is bound to remain married too someone who threatens one’s life or physical safety with a…
What are the grounds for filing for a divorce in Utah?
First, you need to understand that Utah, like every other state in the U.S. has what are known as a “no-fault divorce law”. No-fault divorce means that you don’t have…
Why is the divorce rate so high in the United States?
Why is the divorce rate so high in the United States? Until now, I would answer this question by stating that some of the main reasons for the high divorce…
