Has anyone you know been framed for domestic violence?
I’m a divorce and family lawyer, and so the crimes I see people framed for or manipulated into “committing” are domestic violence types. It’s frighteningly easy to do. Before I…
Should we put divorcing couples in an adversarial divorce court system?
People who are getting divorced fall into one of two categories: those who want to divorce while doing each other as little harm as possible; and those who don’t care…
Can I ask a lawyer, “Would you elaborate your legal fees?”?
Of course you can ask the attorney to explain the basis for his/her legal fees and services pricing. Any attorney worth his/her salt and who has the requisite amount of…
Is it common for lawyers to rarely contact clients about the case?
Yes, it is common with many attorneys, but it shouldn't be. While it is true that in many cases there may not be regularly occurring developments or changes that your…
Can you fire your divorce lawyer? Yes!
Fire your lawyer? What can you do if you think your lawyer is doing a bad job representing you? Can you fire your lawyer? Your question is really two questions,…
Can you describe divorce in 3 words?
Costlier than anticipated. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Can-you-describe-divorce-in-3-words/answer/Eric-Johnson-311
Is it legal to record threatening callers? Are recordings admissible?
You question has two parts. Part 1: can you legally record phone calls (or an in-person conversation)? ANSWER: It depends on the jurisdiction. Some states won’t allow you to record…
Is it illegal to video record people in your home without their knowledge?
Not absolutely, but it can be illegal to video record someone in your home without his/her knowledge. Here is the answer for my jurisdiction (Utah): Utah Code § 76-9-401. Definitions.…
What are some cases that restored your faith in the judiciary?
There are not enough well-conducted and well-decided cases to restore my overall lack of faith in the legal system generally. To be sure, there are very good judges and others…
Why doesn’t family law immediately use collaborative law practices to reach decisions?
Because 1) paradoxically, those for whom the true collaborative law process would work best are those who really don’t need collaborative law; and 2) “collaborative law” as it is practiced (as opposed to how…
Does an ongoing divorce make one a lame duck at work?
I believe what you mean to ask is, “Does an ongoing Divorce make you unable to focus and be productive at work?” The answer to that question is: for most…
What happens to a client’s files if the lawyer succumbs to death or illness?
What happens to a lawyer's past and ongoing client files if the lawyer succumbs to a sudden illness? Is the client entitled to the possession of it? In the jurisdiction…
Why is it common for the custodial parent to villainize the ex to their child?
I don’t know if it is common for one parent in a divorce (custodial or non-custodial) to villainize their ex to the child, but we know it happens frequently and…
Do married lawyers ever fight each other in court?
Do married lawyers ever fight each other in court? Do you mean to ask whether married lawyers sue each other in court? If that’s your question, the answer is: rarely.…
Do some lawyers earn their reputation as unscrupulous people?
Yes. I am a lawyer. The first lawyer in my family. If I had known, before I became a lawyer, what terrible people so many lawyers are, I’m not sure…
Why do courts seem to rule against husbands so unfavorably regarding custody and alimony?
Sometimes a husband/father is legitimately ruled against in a child custody case because he is unfit to exercise custody. Sometimes that unfitness may be his own fault (he’s abusive and/or…
How do I respond to parental alienation?
What can a parent do if, after the divorce, the other parent who has custody of the child turns the daughter against that parent? A parent in this situation can…
How did your parents’ divorce when you were a child affect your adult life?
My parents did not divorce, but I base my answer to this question on the experiences of my clients, whether it be how their own children reacted to their divorce…
Why do abusers sometimes get custody of their children?
Simply (but accurately) put: they may intimidate, shame, and/or fool the other party into settling the custody case such that they agree to the abuser being awarded custody ; their…
After a divorce, is joint residential custody better or worse for the children?
Let’s indulge an analogy to answer this question. Is sugar good for you, or bad for you? It depends upon the circumstances. An occasional slice of cake or pie is…
How many years is it likely to be before father’s rights are recognized as equal to mother’s rights in child custody cases?
Not many. In fact, in many jurisdictions this has already occurred (many states have, in the past few years, passed laws that presume joint equal custody is in the child’s…
What do most TV shows and movies get wrong about the legal profession?
I’m amazed at the number of people who believe, from what fictitious TV lawyers “accomplish,” that if the lawyers just try hard enough, do enough research, pound the pavement tenaciously,…
Have you ever told a client he/she would be better off settling a case, only for the client to take the case to trial anyway?
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…
2018 UT App 181 – Chaparro v. Torero – default judgment, findings of fact, child custody
2018 UT App 181 – Chaparro v. Torero THE UTAH COURT OF APPEALS ELDA CHAPARRO, Appellant, v. ENRIQUE TORERO, Appellee. Opinion No. 20170494-CA Filed September 20, 2018 Second District Court,…
How to Identify a Good Divorce Lawyer, from the Client’s Perspective
Unfortunately, it’s almost impossible to identify a good lawyer without using his/her services for a while to see if you “got it right” on your choice. There are, however, a…
Do I need a separate room for my daughter?
As a single father I can only afford a one bedroom apartment for me and daughter, what alternatives do we have? Most courts will not penalize you for having a…
How does divorce affect you socially and mentally?
You will likely be (or feel like) a pariah for a while. You probably anticipated it, but it will still hit you harder that you expected and in ways you…
Have you ever dealt with parental alienation?
Yes, but from the perspective of being the divorce lawyer for the alienated parent. Let me tell you, unless the alienating parent is so ham-handed in his or her efforts…
What’s the best way to decide who takes the children when a couple splits?
I’ll tell you one thing, it’s not the illusory “standard” (that’s not really a standard in the first place) of the “best interest of the child” that everybody talks about.…
If a spouse “refuses to sign the papers” is the divorce in limbo?
If a spouse "refuses to sign the divorce papers" would the divorce be in limbo? No. The days of a spouse preventing a divorce due to a refusal to agree…
As a lawyer have you ever turned down a case, what was the reason?
As a lawyer have you ever turned down a case, what was the reason? Yes, and generally speaking, lawyers in private practice turn down cases regularly, and for many reasons.…
Can anyone go to court and just watch?
Can anyone go into a court room and sit in the back seat and just watch? Why or why not? Courts are open to the public With the exception of…
What is the safest way to break up with an abusive partner?
What is the safest way to break up with an abusive partner? I heard many horror stories and afraid I might be next. While there is no one "proper" way…
Doing the Work on Your Case Is Hard, and You Must Help Do It
Doing the Work on Your Case Is Hard, and the Client Must Help Do It By Phillip Aguirre, Paralegal Believe it or not, even though you hire a lawyer, that…
Dealing with Your Spouse During the Divorce Process
QUESTION: What are some pointers that you may have in getting along with your ex-spouse to be during the process of a divorce? What advice do you have to keep…
What can I do to keep my self busy now that I am getting divorced?
What can I do to keep my self busy now that I am getting divorced? On the legal side of your life: Pour a good portion of your extra time…
A real client’s questions about divorce settlement and mediation
Here is a real client’s questions about divorce settlement and mediation. Don't worry, I've removed the names and changed out the details to protect confidentiality. This client asked a lot…
Mental Health Professionals: How to Make Good (and honest) Use of Them in Divorce and Child Custody
Many spouses and parents going through a divorce and child custody case may believe there is value in using mental health professionals. This can be true, if you use mental…
Computer and Online Evidence in Divorce and Child Custody Cases
I learned from this article (see the link below) a few things I didn't know about computer and online evidence in divorce and child custody cases. You'd be wise to read…
I recorded my husband telling me that he wants to hit me. Will this help me obtain custody of our child?
Question: I’m going through a divorce. A day ago, I recorded my husband telling me that he “wants to hit me in the face.” Will this evidence help me obtain…
How can I prepare myself mentally for divorce?
I will answer your question based upon the presumption that you have already gone through the agonizing process of determining that you need to divorce. In other words, I will not treat…
Can people with few assets and no children really do their own divorce?
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…
What can you do when the system is clearly against you?
What are options for a parent who’s ex works the judicial system with the purpose of making the parent miserable? Said parent is losing time with her child because her…
Is it ever a good idea to postpone a divorce for the ‘children’s sake’?
Ever? Certainly. Always? No. (and remember: though I’m a divorce lawyer, that does not mean I am a raving fan of divorce. I’m not. Rarely does even the “best divorce”…
What advice do you have for a man who just found out his wife wants to divorce him?
I’m a divorce lawyer, but I would like respond to your question both as a lawyer and as a spouse. First, if learning your wife wants a divorce comes as…
Cool as a Cucumber : How to Testify Successfully at Your Deposition or in Court in a Utah Domestic Relations Case
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…
Why are there no penalties for false allegations in divorce and custody issues?
Why are there no penalties for false allegations in divorce and custody issues? First, there are penalties meted out; in my opinion few (far too few) in law enforcement, child…
In your experience, how often do divorces get resolved “amicably” after being filed in court?
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.…
As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce?
As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce? There are two types of men who ask this question:…
When have you believed clients’ stories, but they were lying?
Let me answer your question this way; here are the things divorce lawyers get lied to about the most (in this order): money issues (lying about income, hidden assets) false…