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…
Dividing Military Pensions and Benefits
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…
Spousal Spying
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…
What to Do (not how to do it—that’s for a different article) Do to Negotiate Settlement in Divorce Successfully
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…
One of The Reasons Why You See CPS Claim That “False Allegations of Rape and Domestic Violence Are Rare”
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…
Creative and Convenient Ways to Ensure 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…
How to Have as Much Control Over Your Divorce as Legally Possible
“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
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…
What Do I Really Need to Prove to Modify a Child Custody Award Order in Utah?
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…
How are Pets Handled in Divorce
Want to know what’s a burning topic of interest among the sheeple divorce lawyers out there these days? How are pets handled in divorce. Please. This is a real snippet…
Utah Is (at Least Trying) to Make Child Custody Litigation Less Expensive and Time-Consuming
Utah is (at least trying) to make child custody litigation less expensive and time-consuming with a relatively new rule (as of February 2014, when this blog posting was originally published):…
Can Step-Parents Get Custody if a Child isn’t their Biological Child?
Can step-parents get custody or visitation of a child who is neither his/her natural nor adopted child in Utah? The short answer is that it’s legally possible, but just how…
Narcissism vs. Self-love
By Scott Carter, CMHC Typically, when people think of narcissism, they think of people who are full of themselves and even people that love themselves more than anyone else. The…
Home Alone – How Not to Make Your Life the Movie
When an assistant of mine was eight years old she was left in charge of her younger siblings (one of them 6 years old and the other two a pair…
Dear Utah Divorce Courts
Trial courts in Utah are authorized to interview children in child custody disputes (Utah Code Section 30-3-310(1)(e)). Most courts, however, refuse to do it, and instead usually order ruinously expensive…
How to Represent Yourself or Make Limited Use of a Lawyer
Divorce can be, and for most people, usually is to one degree or another overwhelming, complicated, and expensive. Many people choose to hire an attorney to represent them in divorce…
Adultery and Divorce in Utah
Some might say that Utah is backwards, a little too old fashioned for these modern times. “After all,” some think, “as long as sexual intercourse occurs between two consenting adults,…
The Key To A Divorce Settlement You Can Live With
“The fairest rules are those to which everyone would agree if they did not know how much power they would have.” — John Rawls You being fair and honest in…
Why Not Create a Mediation Cooperative Among Utah Divorce Attorneys?
It would be a voluntary organization. Not everyone would need to join the cooperative, but those who do: Would have to have a minimum level of expertise, certain minimum qualifications,…
Divorce Mediation Needs to Up Its Game
At the outset, know this: I am not anti-mediation. I am a trained mediator. I earnestly participate in mediation conferences with my divorce clients. Notwithstanding, the mediation profession at large…
Mediation and Family Law – What You Need to Know
There is much to know regarding mediation and family law, not all of it pleasant. Now that mediation is entrenched in the practice of law (particularly in family law), everyone…
Revenge Porn is a Crime in Utah
Revenge Porn Is a Crime in Utah What is revenge porn, you ask? A form of non-consensual pornography—not that the acts depicted were non-consensual, but that their distribution after the fact was. If, for…