How to Avoid the Primrose Path in Divorce (if you have the will and the guts)
How to Avoid the Primrose Path in Divorce (if you have the will and the guts) It’s getting harder to stay in contact with reality. You have men who, as…
Smith v. Robinson – 2018 UT 30 – false allegations of sexual abuse
This opinion is subject to revision before final publication in the Pacific Reporter 2018 UT 30 IN THE SUPREME COURT OF THE STATE OF UTAH ROCIO SMITH, Appellant, v. KAYELYN…
Mower v. Children’s Center – 2018 UT 29 – false memories or false allegations of sexual abuse against a parent
(See also Smith v. Robinson, Case No. 20160106, Filed July 05, 2018, 2018 UT 30, a companion case to this one) This opinion is subject to revision before final publication…
Being the Best Client Helps Ensure You Have the Best Lawyer
Being the best client helps ensure you have the best lawyer. In trying to express this in greater detail I came across this article from an Australian divorce lawyer that…
There is no cheap or free legal services shortcut
“There are two ways to be fooled. One is to believe what isn't true; the other is to refuse to believe what is true.” ― Søren Kierkegaard “A great deal…
Are you in favor of divorce? Please explain why or why not.
Recently, I was asked, "Are you in favor of divorce?" Here is my response: Are you in favor of divorce? I am not in favor of divorce generally, in that…
What Is Alimony, and How Does It Work in Utah?
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…
What is Alimony and How Does It Work in Utah?
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…
Alimony: How much of it should I be asking for, and why?
How much alimony should I be asking for from my spouse? He’s very wealthy, and I do not work. I became a stay-at-home parent at his request. I'm now leaving…
What are the biggest misconceptions about divorce?
Misconception #1 It’s bad, sure, but it can’t be that bad. THE TRUTH: It’s harder, more expensive, and takes longer than you imagine. Once you accept this, divorce will still…
Divorce Costs: what’s the average cost, when child custody is contested?
How much does it cost to divorce on average, with two kids and contested custody? On average? I’d say around $20,000. But, as you will see if you read and watch…
Why are women generally awarded child custody more often than men?
QUESTION: From a lawyer’s perspective, why do women get child custody almost 90% of the time? Is there really a bias? What factors come into play when deciding about it?…
What is it like to have divorced parents as a child?
What is it like to have divorced parents as a child? Generally worse than having non-divorced parents. I do not state that to offend divorced parents. Most (not all) divorced…
Confusing Want with Need – don’t expect what divorce cannot deliver
After more than 20 years doing this work: - I know what you want; - I know what you believe you want; and - we both know what you truly…
Not just tragic. Stupid tragic.
You don’t want to incur the judge’s wrath, right? You want the court to think well of you. So your plan is not to make any waves. You won’t make…
A Spouse’s Questions about the Divorce Mediation Process
Questions: If we go to mediation, can I hire an attorney after to review the documents from mediation before I sign anything? What if I hire an attorney before we…
Is Done Better than Perfect in Your Divorce Case?
"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 …
Why You Feel Uncomfortable Paying a Lawyer by the Hour (it’s not your fault)
Why You Feel Uncomfortable Paying a Lawyer by the Hour (it's not your fault) I do not bill by the hour. Letting your lawyer bill you by the hour is…
Who has rights to custody of children after divorce, the mother or father?
Who has more rights to claim the custody of their child after divorce, a mother or father? The answer the legal profession wants you to believe and that the law…
Divorce is on the horizon for my parents. What do I do?
Mom is treating Dad so bad that I think a divorce is on the horizon. Nobody is supportive. What do I do as a son? Love and support your parents,…
My mentally spouse just got a bogus restraining order. What do I do?
What can I do when my mentally ill lawyer wife wants a divorce, and just got a bogus restraining order on me? Assuming that you are resigned to divorce and…
Can the court allow parents to decide on their own for the custody of their child?
Can the court allow parents to decide on their own for the custody of their child? Yes! Not only are parents allowed to decide what the child custody award will…
Attorneys: “glorified pencil-pushers”?
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…
Yes, there is a bias in favor of mothers in child custody disputes, but not for much longer.
Wednesday, March 7, 2018 I recently saw this post on a child custody Facebook group: If [fathers] want to piss and moan, and whine online about injustice and not being…
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…
Hesitant to talk to a lawyer? That’s normal. And wise.
Some people are hesitant, even scared, to talk to a divorce lawyer or a family lawyer. But being nervous or afraid of making a mistake is normal. And wise. Hiring…
How Much Is It Worth to Be Right?
Have you ever heard the phrases "Don't be dead right" and "Winning the battle and losing the war? It's obviously good advice. Advice you've probably given to others. When it…
Do You Feel Like a Dollar Sign?
Do Your Clients Feel Like Dollar Signs? by Lee Rosen https://roseninstitute.com/do-your-clients-feel-like-dollar-signs/ Tourists in India feel like dollar signs. Touts crowd around, shouting above the street noise, imploring tourists to buy…
What divorce does and does not do
What divorce does and does not do. What divorce does. There can be no divorce without a marriage. Well, not exactly.[i] Let’s put it this way instead: if you are…
I wasn’t kidding when I told you the “rent a reputation” offers are a dime a dozen.
I wasn't kidding when I told you the "rent a reputation" offers are a dime a dozen. Yesterday I posted this blog: https://www.divorceutah.com/2018/01/31/rent-a-reputation/. In a nutshell: if you think lawyer honors are…
What if I don’t want custody of my child post-divorce?
What if I don't want custody of my child post-divorce? If the other parent is 1) fit to exercise custody of the child(ren) and 2) willing to take custody of…
My bank account was subpeonaed. Will the bank share business account transactions or only personal account?
My bank account was subpeonaed. Will the bank share business account transactions or only personal account? In Utah, where I practice law, here’s how the bank will respond to the…
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…
Why does the mom usually win custody of her kids in a divorce?
Why does the mom usually win custody of her kids in a divorce? Why are mother's awarded child custody so often? There is one main reason, and many ancillary reasons,…
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…
Look, I know you want to believe mediation is the magic pill for divorce but you’re missing a crucial point
Way too many mediators (whether of the collaborative stripe or other persuasion) insinuate that 1) divorce without mediation is doomed to anger and misery; and 2) merely engaging in mediation…
What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time?
Question: What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time? What effect can this have…
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…
4 Reasons Divorce Makes Good People Act Like Total Jerks
4 Reasons Divorce Makes Good People Act Like Total Jerks Don't let the it get the best of you! Why is it that people who seemed to be fairly rational…
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