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…
How to Fix Bad Credit After a Divorce (from LendEdu.com)
How to Fix Bad Credit After a Divorce https://lendedu.com/blog/how-to-fix-bad-credit-after-a-divorce - Jeff Gitlen October 17, 2018 Our research, news, ratings, and assessments are scrutinized using strict editorial integrity. In full transparency, our company…
Divorce Preparedness: What do I need to do before filing for divorce?
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…
Why do divorces take so long to finish?
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 say “don’t break court orders,” but then do nothing when the order is broken?
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…
What are the biggest challenges a divorce lawyer faces?
What is one of the biggest challenges of a Divorce lawyer? First, read Donald Baranski’s answer to this question (which provided below); it’s excellent, and any divorce client would be…
Which is more likely to cause a marriage to end in divorce – too much money, or not enough?
Which is more likely to cause your marriage to end in divorce - too much money, or not enough? The perception of not enough money. With, perhaps, the rare exception…
How can I prevent a divorce, if I am mentally unfit to go through it?
How can I refuse to divorce my wife now, as I just lost my sister, and my wife told me just before my sister died, that I will never see…
Why stay unhappily married for the sake of the kids?
Why do unhappy married couples stay together for the sake of the children, when they could easily give the children two happy homes instead living in one miserable home? Mom…
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…