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…
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?…
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…
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…
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[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…
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.…
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…
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 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? In my educated and experienced opinion, yes, in most (not all) cases. It’s not usually motivated by animus toward men or women (although…
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? 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…
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…
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…
"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 …
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…
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…
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 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…
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 the books and the constitution for custody battles? To be frank, in my opinion there…
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[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 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? 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…