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…
Protection from Domestic Violence in Utah
PROTECTION FROM DOMESTIC VIOLENCE IN UTAH Numbers provided by the Center for Disease Control and Prevention reveal that one in three women in Utah will experience domestic violence, compared to…
No Fault Divorce? How Infidelity in Utah can Cost you
Though Utah is a no-fault divorce state, and divorces are routinely—and almost exclusively—granted for “irreconcilable differences,” infidelity in Utah can still wind up costing you in divorce. The Utah Code…
LIAR!! Do Utah Family courts punish lying in Divorce Proceedings?
As would be expected, family law actions are the perfect breeding ground for “he said she said” scenarios. Anyone who has been in a relationship that has ended poorly knows…
Alimony and Income Equalization
There are many points of contention in a divorce action, from child custody to asset and debt distribution. After child custody, one of the most contentious issues in a divorce…
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