Can I serve my spouse with divorce papers in person and have them notarized?
Can I serve my spouse with divorce papers in person and have them notarized? In Utah, no. But here is how (see Utah Rules of Civil Procedure, Rule 4(d)) you…
Can the divorce go through if you have not been served divorce papers?
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…
Can I represent myself in a child custody dispute and win?
Can I represent myself in child custody matters of my own children and win? What you really mean is, “Can I represent myself in child custody matters of my own…
Sandusky v. Sandusky – 2018 UT App 34 (23-Feb-2018) – bifurcation, separation agreement, court discretion
2018 UT App 34 THE UTAH COURT OF APPEALS KYLEE J. SANDUSKY, Appellee, GEORGE A. SANDUSKY, Appellant. Opinion No. 20160131-CA Filed February 23, 2018 Third District Court, Silver Summit Department…
What is the best way to get the courts to follow the laws already on books and the constitution for custody battles?
What is the best way to get the courts to follow the laws already on the books and the constitution for custody battles? To be frank, in my opinion there…
As a divorce lawyer, what is the most petty thing one of your clients had you do?
QUESTION: As a divorce lawyer, what is the most petty thing one of your clients had you do? ANSWER: Thanks for the question. The answer is: nothing. Legal whores do…
Cool as a Cucumber: How to Testify Successfully at Your Deposition or in Court in a Domestic Relations Case
Cool as a Cucumber[1]: HOW TO TESTIFY SUCCESSFULLY AT YOUR DEPOSITION OR IN COURT IN A DOMESTIC RELATIONS CASE [1] This phrase (c. 1732) derives from ancient folk knowledge confirmed by…
5 Things Divorce Will Never Save You From
5 Things Divorce Will Never Save You From Make sure you know what you're doing before you make a decision you can't undo. Are you feeling frustrated, unsatisfied, and even…
Why get a divorce lawyer who thinks and acts like a judge, not like a spouse, and not like a hired gun?
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 won’t complete the divorce orientation and education courses?
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…
How long is too long for a court to take a family law case under advisement?
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?
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) – what is marital property? – how is marital property valued?
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
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…
Fit parents and their children deserve joint custody
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?
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?
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?
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?
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 – Utah Code § 78B-12-214, request for reimbursement, reasonable notice, laches
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
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
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?
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…
Utah Divorce Timeline – Understanding How Long Divorce Can Takes in the Courts
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?
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 Proofing Your Summer Parent Time – Part 4 of 4
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…
Supervised Parent-time in Utah – Blocker v. Blocker (January 2017)
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…
The Client-Attorney Relationship?
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.
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,…
Protection from Domestic Violence in Utah
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…
Natural Light (by Seth Godin)
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…
If You Agreed to Get Hosed in Your Divorce Settlement, You Will Get Hosed
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…
How to Shop for a Divorce Attorney and to Select the Right Fit for You (the no B.S. way)
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…
Keeping Records, Recording Phone Calls and Conversations
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…
Fixed or Flat Fee Attorney Pricing
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…
Divorce and Income Taxes
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…
Guide to Succeeding in Divorce While Reducing the Time and Costs
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…
Are Workers Compensation and Personal Injury Awards Considered Marital Property in Utah?
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…
“How To Keep It Together When Divorce Blindsides You” – from TJ Carver
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…
Creative and Convenient Ways to Ensure Utah Child Support is Paid
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…
Dividing Military Pensions and Benefits – Part 3 – Other Benefits.
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…
Dividing Military Pensions and Benefits – Part 2 – Formulas for Dividing Military Pensions
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…
Dividing Military Pensions and Benefits – Part 1
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…
Should I Get a Divorce Coach? (I won’t keep you in suspense: No).
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…
Equally Yoked Doesn’t Decrease Your Freedom, it Multiplies Your Power
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…
Save Yourself from Bad Divorce Lawyers
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…
Are We Still Married?
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…
The Real—and Verifiable—Reasons Why Free Legal Help Doesn’t Get It Done
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…
The 5 Minimal Things You Must Consider Before File for Divorce
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…
Some Truly Helpful Online Tools to Make Child Custody and Visitation (Parent-time) Easier to Manage
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…