Why get a divorce lawyer who thinks and acts like a judge, not like a spouse, and not like a hired gun? The best divorce lawyer is not someone who…
What if my spouse will not complete the divorce orientation and education courses for parents? Can the judge still grant the divorce? Yes. You can file a motion notifying the…
In Utah, where I practice, the period of time that a judge has to render a decision on a matter that is submitted for final determination is provided in Utah…
What is the function of bailiff in court? In Utah, where I practice, they are officers of the county sheriff or city police department who are in the courtroom to…
DeAvila v. DeAvila, 2017 UT App 146 (August 10, 2017) ----------------------------------------- THE UTAH COURT OF APPEALS CRISTY DEAVILA, Appellant, v. PERICLES DEAVILA, Appellee. ----------------------------------------- Opinion No. 20160024-CA Filed August 10,…
Christensen v. Christensen - 2017 UT App 120 - July 20, 2017 THE UTAH COURT OF APPEALS ELENA KAY CHRISTENSEN, Appellee, v. BRENT CHRISTENSEN, Appellant. Opinion No. 20150994-CA Filed July…
As a matter of basic human rights and human nature, unless they are unfit then divorced and separated parents and their children deserve joint custody. "[A] parent's right to the…
What are my chances of getting 50/50 custody of my child in court, if the other parent refuses to give me more time? If I'm an air traffic controller and…
What are the biases shown in family law? Every human bias imaginable can affect a family law case, but the ones that I find most common and most troubling are…
How do I find a family lawyer specifically dedicated to helping out? Easy (-er said that done, but still easy to give you the sure-fire directions to seek out a…
Is it legal for the custodial parents to use child support money on themselves? This is a superb and a brave question. Here is my answer (for the State of…
Veysey v. Nelson, 2017 UT App 77 THE UTAH COURT OF APPEALS ANDREW VEYSEY, Appellee, v. ALEXIS NELSON, Appellant. Opinion No. 20150609-CA Filed May 4, 2017 Third District Court, Salt…
Guide to Reducing the Time and Costs of Divorce in Utah 1. If you are the victim of serious or escalating domestic violence, get help and get to safety first.…
In re M.L., 2017 UT App 61 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF M.L., A PERSON UNDER EIGHTEEN YEARS OF AGE. STATE OF UTAH,…
Do Divorce Courts Care about You? Should They? But before we go any further on this subject, let us first define the meaning of “care” in the context of this…
The time frames described in this timeline set forth the general sequence of a simple and typical Utah divorce action that goes to trial. Unique and special circumstances, rules, or…
What is the law governing the sanctions the judge or commissioner can impose for contempt of court in divorce and other family law proceedings? Fines and jail Utah Code §…
BULLET PROOF YOUR HEARING Note: This is the fourth of four blog postings that I’ll publish in as many weeks. You will want to read them all (and likely want…
KIRSTEEN D. BLOCKER, Appellee, v. MICHAEL P. BLOCKER, Appellant. 2017 UT App 10 The Utah Court of Appeals Memorandum Decision No. 20150720-CA Filed January 12, 2017 Fourth District Court, Provo…
Small hinges swing large doors. I recently listened to a podcast featuring Peter carry an us (Carayiannis), whose firm has been twice nominated for the most innovative law-firm award. And although…
The Availability of Free Online Divorce Law Information is Great! Really, We’re Not Kidding. You can find an abundance of very and useful and interesting legal information online for free,…
An act of domestic violence could lead to civil court action, criminal court action, or both. So first, let’s make sure you understand the difference between civil and criminal court…
This blog post is taken from a blog posting by Seth Godin. The link to his post and to his blog is: https://feeds.feedblitz.com/~/123780515/0/sethsblog~Natural-light.html. He wrote: Natural Light (by Seth Godin) If…
So you don't like the terms of your divorce settlement and you're wanting to modify those terms. I hope that when you signed that settlement agreement you didn't agree to…
I’ve never been one to avoid elephants in the room, so let’s examine this one. We’ve met in an initial consultation. You’re a potential client. We’ve discussed your problems, reviewed…
Let’s talk about some of the ways you can prove key facts, protect yourself from false allegations, and stop contention and fighting over parent time in Utah. Recording key communications is a…
I experimented with fixed-fee pricing over the billable hour for over a year and a half before I got it down to a system that works for both my client…
What effects do divorce, alimony, child custody, child support, and property division have on your income taxes? Do these effects matter enough to consider? Yes. To be sure, when going…
Contents If you are the victim of serious or escalating domestic violence, get help and get to safety first. 2 Advance Planning, If You Have That Option. 2 Gather in…
I cannot find any case law in Utah on the subject of workers compensation awards and whether they are treated as marital or separate property in divorce. As for the…
This blog is excerpted from an article by TJ Carver at guyvorce.com entitled "How To Keep It Together When Divorce Blindsides You." We highlight those parts of his article that apply to…
Note: You do not need to be divorced or going through a divorce to find this article helpful. This article is not intended to benefit only those who have received…
In Dividing Military Pensions and Benefits Part 2, we covered formulas for splitting retirement pay for services members recommended by the Uniform Services Former Spouses’ Protection Act (USFSPA).[1] With this…
In Dividing Military Pensions and Benefits Part 1 we covered what Uniform Services Former Spouses’ Protection Act (USFSPA)[1] is and how it applies to you if you or your spouse…
Divorce is complicated enough without throwing into the mix the fact that one or more of the divorcing parties is a military service member or has military benefits. Fortunately, the…
My blog post here is inspired by a blog post by Karen Bigman, who identifies herself as a “divorce coach.” Here is the link to her post, there’s a link…
I recently read advice from a man I follow for a lot of good advice that I follow. He was recently asked a question about what do if you and…
You’ve heard the nightmare divorce stories: The divorces that go on and on for years with no end in sight, all the while costing tens of thousands of dollars; The…
Question: Are we still married? I tried to get a copy of a divorce decree from my ex husband, but found out there is no decree, because it was never…
Many people who seek free legal help do so because they tried the paid route and got burned (often burned baaaad). It’s true: lots of divorce lawyers (or I should…
When considering a divorce, there are a few fundamental steps that can help you avoid major pitfalls. Not every divorce is the same, but these five fundamental steps are a…
Let’s face it; sometimes it’s hard to communicate with your ex (or soon to be ex) about the kids. Feelings start to arise, and soon you are in another argument…
Most divorces are complicated by nature. Throw in the fact that one or more of the divorcing parties is a military service member, or has military benefits, and the divorce…
Is spying on a spouse legal in Utah? Certain kinds, yes. Can my spouse use the information from their surveillance against me? Oh yes. Are certain kinds of secret surveillance…
The value of settlement comes in resolving the dispute faster and more inexpensively than the litigation route. In most (not all) cases, it is better to compromise than to win…
It was in March of 2013, when I read this article, “False allegations of rape and domestic violence are rare, according to CPS” that I understood why certain people make…
Note: You do not need to be divorced or going through a divorce to find this article helpful. This article is not intended to benefit only those who have received…
“The will to win is worthless if you do not have the will to prepare.” - Thane Yost “Fortune favors the prepared mind.” - Louis Pasteur Planning for a divorce…
Equitable distribution of property in Utah divorce, and what that means Different states divide marital property in different ways. Utah (and other states’) law applies the principle of equitable distribution…
Summary of Zavala v. Zavala Zavala v. Zavala, 2016 UT App 6 Opinion No. 20141031-CA Filed January 14, 2016 SUMMARY: If a custody award has already been entered, custody…