Ward v. McGarry – 2021 UT App 51
Ward v. McGarry - 2021 UT App 51 NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. …
When flawed thinking is tragic thinking (thank goodness)
I frequently encounter comments made in child custody disputes to the effect that “courts favor the nurturing and detailed attentiveness of mothers over fathers.” I am as grateful for such comments as I am disheartened by them. Grateful…
Am I held to what I said first as a witness, even if I immediately corrected my mistake once I realized it?
It is not merely a question of how quickly the witness corrects his or her answer. Sometimes a lawyer will ask a witness for precise details simply not because those…
What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married?
What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married? It…
My spouse opens accounts in my name, forges my signature. How to stop it?
My spouse opens accounts in my name, steals checks, forges my signature. How do I get my spouse to stop? Without telling me, my spouse opens store accounts in my…
I have custody of my child. He’s refusing to come home. What now?
I have custody of my child. He left to go to his mom's last Friday for the weekend. He is refusing to come home because he wants to live there.…
What would happen if there were no alimony or splitting assets in divorce without kids?
That is an interesting question. Before I answer it, know this: anyone who is motivated to marry on a “what’s in it for me?” basis and who stays married motivated…
Father has 50/50 custody. Now ex is trying to take it away. What to do?
I am a father who has exercised at least 50/50 custody with my ex. Now she's trying to take me to court for full custody and me getting every other…
Did you ever go to court and realize for the judges and attorneys it’s kind of all a big game?
Yes, in my experience, there are aspects of the legal system and the practice of law that some lawyers and judges see and treat as a game. You see lawyers…
How do I console a father who has lost custody of his child?
How do I console a father who has lost custody of his child? “He’s [the father who lost custody] permanently damaged.” That’s what someone else wrote in response to your…
Good news, for parents deserving of joint equal physical custody
Good news, apparently, for parents deserving of joint equal physical custody of their children but who have, up until now, been fighting an unfair, unnecessarily uphill battle. The Utah Legislature passed,…
Do lawyers ever regret helping a client or obtaining a particular judgment?
Do lawyers ever regret helping a client or obtaining a particular judgment? Yes, yes, of course. We all know that there are plenty of lawyers who will prostitute their professional skills for money…
Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable outcome for oneself?
Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable…
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you…
Why is it difficult for a father to get child custody?
Why is it difficult for a father to get child custody? Because there is a pernicious and false belief in far too many of the courts (not, notably, in society…
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you…
If I can’t find an attorney, can it honestly be said I got a fair trial?
If I can’t find an attorney, can it honestly be said I got a fair trial? If a person seeks legal representation in a court, and every attorney they tries…
Why does someone need an attorney when they can just defend themselves in court?
Why does someone need an attorney when they can just defend themselves in court (pro se)? Why does someone need an attorney when they can just defend themselves in court?…
2020 UT App 171 – Miller v. Miller THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, v. BRENDA MILLER, Appellee
2020 UT App 171 - Miller v. Miller THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, BRENDA MILLER, Appellee. Opinion No. 20190748-CA Filed December 24, 2020 Second District Court, Farmington…
If everyone agrees that the judge needs to know what the child is experiencing, observing, and feeling, why won’t the judge interview the child?
If everyone agrees that the judge needs to know what the child is experiencing, observing, and feeling, why won’t the judge interview the child? This post is the seventh…
Utah Divorce Case Timeline Summary
Utah Divorce Case Timeline Summary The greatest influence on how long a divorce case takes is usually how much and how severely the parties fight over the issues. The more…
Why do pro se litigants fail so often?
Why do pro se litigants fail so often? And if you’re wondering what a pro se litigant is, here’s the definition: someone who argues his/her own case in a lawsuit,…
How do courts view mothers who abandon their family during a divorce?
How does the court view mothers that abandon their family during a divorce? Generally, with disbelief, at first. Why? A few reasons. One, to its credit, our culture still holds…
What happens if you are served divorce papers yet don’t sign them?
What happens if you are served divorce papers yet don’t sign them? I will answer this question as it applies in the jurisdiction where I practice divorce law (Utah): If…
How can we change the court system in order to make divorces easier on the children?
How can we change the court system in order to make divorces easier on the children? In my opinion: Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce…
Would you consider the family law system a current political issue?
Would you consider the family law system a current political issue or problem? Yes, in fact the institutional defects and injustices in family law and the family law courts throughout…
Must I engage in all-day divorce mediation or some other time period?
Must I engage in all-day mediation in my divorce action, or for some other specific time period? No, there is no mandatory minimum period of time you must spend in…
Is it OK to fill out divorce documents by hand in ink, or must they be typed?
It depends upon the court rules of the jurisdiction in which you would be filing your divorce documents are to be filed. In Utah, where I practice divorce and family…
Will Kim Kardashian will be taken seriously if she becomes a lawyer?
Do you think Kim Kardashian will be taken seriously if she passes the bar exam and becomes a lawyer? No (at least not at first), but I don’t think she…
What are some cases that restored your faith in the judiciary?
There are not enough well-conducted and well-decided cases to restore my overall lack of faith in the legal system generally. To be sure, there are very good judges and others…
Eberhard v. Eberhard – 2019 UT App 114 – modification of alimony
2019 UT App 114 THE UTAH COURT OF APPEALS TODD EBERHARD, Appellant, v. LORI ANN EBERHARD, Appellee. Opinion No. 20170721-CA Filed June 27, 2019 Third District Court, Salt Lake Department…
Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support
Pulham v. Kirsling - 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third…
Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement
2019 UT App 106 - Janson v. Janson - setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed…
Have you ever told a client he/she would be better off settling a case, only for the client to take the case to trial anyway?
Yes, and most of the time when a client decides to take a case to trial over a client’s advice the client does worse than he/she would have if he/she…
How can I get a divorce if I don’t know where my spouse is?
If I'm married with a child (separated for 4 years), how do I get a divorce and establish a child support order, if I don't know where my spouse is?…
Cox v. Hefley 2019 UT App 60 – attorney consent or consultation, third party decision-maker
2019 UT App 60 THE UTAH COURT OF APPEALS CAMERON MICHAEL COX, Appellee, v. PAIGE CHARISSA HEFLEY, Appellant. Opinion No. 20170903-CA Filed April 18, 2019 Second District Court, Ogden Department…
Can people with few assets and no children really do their own divorce?
Yes. And I’m a man who makes his living as a divorce lawyer. You would think I’d be one of the last people to tell you that there are many…
My list of YouTube videos I like best on successful depositions
Here it is: my list of YouTube videos that I like best on how to identify, prepare for, and give a successful deposition. #1 Attorney Richard LaGarde has spent over thirty-five…
Cool as a Cucumber : How to Testify Successfully at Your Deposition or in Court in a Utah Domestic Relations Case
Cool as a cucumber[1]. Is that you? It can be. When it comes to testifying, follow the Golden Rules: 1. Always tell the truth. 2. Simply telling the truth is not…
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.…
Divorce Preparedness: What do I need to do before filing for divorce?
When deciding if you are going to file for divorce, there are some things you need to know, and many things you should consider, before filing for divorce I. Why…
Why do divorces take so long to finish?
Here are the reasons, as I see them, why too many divorce cases cost so much and take so long to finish (in no particular order): 1. Some divorce lawyers…
Why do judges say “don’t break court orders,” but then do nothing when the order is broken?
Why do judges tell people not to break court orders but then do nothing when the court order is broken? Reason #1: because of the principle of “easier said than…
Are divorce courts biased towards either gender?
Are divorce courts biased towards either gender? In my educated and experienced opinion, yes, in most (not all) cases. It’s not usually motivated by animus toward men or women (although…
Hahn v. Hahn – 2018 UT App 135 – custody, jury trial, constitutionality
This opinion is subject to revision before final publication in the Pacific Reporter Hahn v. Hahn - 2018 UT App 135 IN THE UTAH COURT OF APPEALS RANDY R. HAHN,…
What Is Alimony, and How Does It Work in Utah?
What is Alimony? Alimony is a legal obligation imposed by court order upon one spouse in a separate maintenance action or divorce action to provide financial support for the other…
Proposed Amendments to the Utah Rules of Civil Procedure – Comment Period Closes July 19, 2018
Amendments to the Utah Rules of Civil Procedure have been proposed. The comment period closes July 19, 2018. If you want to comment, you can. Just click here: https://www.utcourts.gov/.../rules-of-civil-procedure.../ Rules of…
What is no-fault divorce, and how does it work?
A lot of people think that “no-fault divorce” means that your spouse cannot get a divorce unless you’ve done something wrong (i.e., something to cause your spouse to “deserve” a…
Is Done Better than Perfect in Your Divorce Case?
"Done is better than perfect." This is good advice for divorce lawyers, but equally good advice for divorce clients (really, it is) sometimes. Excerpts from Perfect, by David M. Ward …
Attorneys: “glorified pencil-pushers”?
This is from part of an e-mail that I received from Richard Jacobs. He helps attorneys with their marketing. I like much of Richard's approach because, like me, he doesn't…