Child refuses to exercise shared custody with the stricter parent
Teenager Child (16) refuses to see me after spending a month with my ex. I have 50% custody. What can I do about it? I'm a stricter parent unlike my…
Why do people not complain about people who shouldn’t marry?
Why do people complain about the high divorce rate, but don’t complain about people who shouldn’t marry? There will never be an effective, morally acceptable way to prevent the following…
Why is it so easy to get married, and so hard to get divorced?
Why is it so easy to get married, and so hard to get divorced? Shouldn’t it be the other way around? This is a perceptive question. It would not not…
Can a parent with full custody deny visitation due to unsanitary conditions?
Can a parent with full custody refuse to allow visitation due to unsanitary living conditions? Good question. I will answer this question in the context of some applicable law for…
Does it take time to move on after a midlife divorce?
For most people, generally yes. However one may define “move on,” the longer one is married (especially when the couple has lived together for the duration of the marriage and…
Would the divorce rate drop if the parties had to see a psychologist first?
What do you think would be the rate of divorce in marriages if psychologists were to be consulted in court by couples before proceeding to see the lawyer for divorce?…
Fox v. Fox 2022 UT App 88 – alimony
Fox v. Fox 2022 UT App 88 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District…
Can an adult child be sued for helping one parent divorce the other?
Taking your question literally: Can? Yes. You can file a lawsuit for any “reason” or no reason at all. Crazy and/or malicious people file crazy/malicious/frivolous/unintelligible lawsuits all the time. Just…
What is the brutal truth about a third marriage?
That it is likely going to end in divorce. https://www.psychologytoday.com/us/blog/the-intelligent-divorce/201202/the-high-failure-rate-second-and-third-marriages Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-is-the-brutal-truth-about-a-third-marriage/answer/Eric-Johnson-311?prompt_topic_bio=1
How do I get a quick, cheap divorce?
Easiest way up front, but usually most foolish, most financially and psychologically expensive in the long term: give your spouse whatever he she wants/demands (while it is possible for your…
How do you prove duress in a divorce?
I will answer your question in the context of Utah law because I practice divorce and family law in the state of Utah. First, here is how duress is defined…
How do you win financially in a divorce?
It depends upon what you mean by “win financially.” Man divorcing people define this term differently, and the differences are extreme. Some people define "winning financially" as: coming away from…
Why do people get married only to divorce a few years later?
Why do people get married only to divorce a few years later? Doesn't really sound like love to me. With the exception of those divorces that take place shortly after…
How do I stop being afraid of divorcing?
How do I stop being afraid of divorcing? I’m so scared. I’ve been a stay-at-home mother for 18 years. I have health issues. I don’t know if I can provide…
Beckham v. Beckham, 2022 UT App 65
2022 UT App 65 THE UTAH COURT OF APPEALS VICKI BECKHAM, Appellee, v. RANDALL BECKHAM, Appellant. Opinion No. 20200935-CA Filed May 19, 2022 Third District Court, Salt Lake Department The…
Do you pay tithing on child support?
Nothing is more frustrating to a sincere Christian than to ask the question, “Should I pay tithing on child support money I receive as a parent?” and to receive this…
Can you go back to your ex-spouse after a divorce?
Yes, there is no law (I know of in any jurisdiction of which I am aware, but check in your jurisdiction to be sure) against a divorced couple resuming a…
Horne v. Horne – 2022 UT App 54 – 60(b) motion to set aside
2022 UT App 54 THE UTAH COURT OF APPEALS REBECCA A. HORNE, Appellee, v. TODD D. HORNE, Appellant. Opinion No. 20200845-CA Filed April 28, 2022 Third District Court, Salt Lake…
How can I help my stepdaughter get away from an abusive mother?
How can I help my 12-year-old step daughter get away from an emotionally abusive mother? Tell the child’s father (your husband) about the trouble and have him handle it. It’s…
Law from a legal assistant’s point of view, week 45
By Quinton Lister, legal assistant I work for a divorce attorney, but I am not pro divorce. I understand that if there were no divorces I would be “out of…
Law from a legal assistant’s point of view, week 44: Mountains
By Quinton Lister, legal assistant One prominent geographical feature of Utah (where I am a legal assistant for a divorce attorney) is the mountains that surround the cities and towns…
What if your client gets custody when they should not have, due to you?
What should you do if you represented a client in a divorce who should not have gotten the kids, but got them due to your ability? We have a word…
What are the most empirically robust factors that predict divorce?
What are the most empirically robust (causal) factors that predict marital dissolution (divorce)? I can give you my guess as to what I believe a rigorous study would reveal based…
Why isn’t 50/50 custody the default resolution in child custody cases?
I have studied this question throughout my career, and I've been a divorce and family lawyer for 25 years. If there is one family law question to which I know…
Twitchell v. Twitchell – 2022 UT App 49 – child custody and support
Twitchell v. Twitchell - 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First…
Corona-Leyva v. Hartman – 2022 UT App 45 – civil stalking injunction
Corona-Leyva v. Hartman - 2022 UT App 45 THE UTAH COURT OF APPEALS SERGIO CORONA-LEYVA, Appellee, JESUS HARTMAN, Appellant. Opinion No. 20200948-CA Filed April 7, 2022 Fourth District Court, Provo…
Widdison v. Widdison – 2022 UT App 46 – custody modification
Widdison v. Widdison - 2022 UT App 46 THE UTAH COURT OF APPEALS NICOLE WIDDISON, Appellant, LEON BRYANT WIDDISON, Appellee. Opinion No. 20200484-CA Filed April 7, 2022 Third District…
Law from a legal assistant’s point of view, week 39: Judges, part III
By Quinton Lister, legal assistant For those following along at home, you are aware that I have posted about judges before. Through the course of my current employment as a…
Knowles v. Knowles – UT App 47
Knowles v. Knowles - UT App 47 THE UTAH COURT OF APPEALS DUANE CROFT KNOWLES, Appellant, v. CELIA FERN KNOWLES, Appellee. Opinion No. 20200032 Filed April 7, 2022 Second District…
Why is the Divorce Rate Higher than Ever?
First, the divorce rate is not currently higher than ever. It has been higher in the past. Unfortunately, the reason the divorce rate is declining is likely because fewer people…
How do I get help with a divorce?
Asking a question on Quora is a start and better than doing nothing (as so many people contemplating divorce do when they are too afraid to do anything), but only…
Why do spurned spouses often refuse to cooperate in their own divorce proceedings?
Why do spurned spouses often refuse to participate in certain aspects of their own divorce proceedings despite the headache it creates for all parties involved? Spurned spouses sometimes refuse to…
What advice would you give to someone whose divorce is going to court?
What advice would you give to someone who has just become one of the parties in a divorce proceeding? #1. Know this: divorce law and the divorce process are almost…
How do you win a case against your ex for false accusations?
If you find an attorney who knows a sure-fire, fail-safe way to defend an ex-spouse or an ex-boyfriend/ex-girlfriend against “false accusations,” that attorney is likely a multimillionaire because possessing such…
2022 UT App 15 – Miller v. DaSilva – protective order objections
2022 UT App 15 - Miller v. DaSilva http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Miller v. Dasilva20220203_20200719_15.pdf THE UTAH COURT OF APPEALS LISA M. MILLER, Appellant, v. AMY ELIZABETH DASILVA, Appellee. Opinion No. 20200719-CA Filed February…
Hinds v Hinds-Holm – 2022 UT App 13 – child custody award factors
Hinds v Hinds-Holm - 2022 UT App 13 THE UTAH COURT OF APPEALS BRADLEY HINDS, Appellee, v. RACHEL HINDS-HOLM, Appellant. Opinion No. 20200586-CA Filed January 27, 2022 Third District Court,…
What to do when child won’t comply with the custody award?
What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…
Why do spurned spouses refuse to participate in certain parts of divorce?
Why do spurned spouses often refuse to participate in certain aspects of their own divorce proceedings despite the headache it creates for all parties involved? Spurned spouses sometimes refuse to…
Law from a legal assistant’s point of view, week 27: Beginnings
By Quinton Lister, legal assistant The old cliché of “Every end is really a beginning” has had me thinking the past couple of weeks. I think about phases in my…
Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate
2022 UT App 5 THE UTAH COURT OF APPEALS CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee. Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022 Third District Court, Salt…
Sanders v. Sanders – 2021 UT App 122
2021 UT App 122 THE UTAH COURT OF APPEALS KRISTINE L. SANDERS, Appellee, v. TRAVIS JAMES SANDERS, Appellant. Opinion No. 20200618-CA Filed November 12, 2021 Third District Court, Salt Lake Department The Honorable Todd M. Shaughnessy …
Johansen v. Johansen – 2021 UT App 130 – compliance with court rules
2021 UT App 130 THE UTAH COURT OF APPEALS COLTEN JOHANSEN, Appellee, KATHY JOHANSEN, Appellant. Opinion No. 20200234-CA Filed November 26, 2021 Second District Court, Ogden Department The Honorable Joseph…
Fischer v. Fischer – 2021 UT App 145 – marital vs. separate property
THE UTAH COURT OF APPEALS GARY LEE FISCHER, Appellant, v. MELISSA KAY FISCHER, Appellee. Opinion No. 20200557-CA Filed December 30, 2021 Seventh District Court, Moab Department The Honorable Don Torgerson …
What is it like to battle for custody with a narcissist?
Miserable. Narcissists know how to game the system, to exploit its weaknesses, to exploit all that is good in human nature and institutions for destructive ends. It’s virtually impossible to prove that a narcissist is engaging in such misconduct because one of the things that makes a narcissist a narcissist, and so maddeningly effective…
What is a costly part of divorce that almost no one thinks of ahead of time?
Every aspect of divorce. Every single one. Two cannot live separately and divorced for less than they did together. Litigation is mind-bogglingly expensive and protracted. Even an uncontested divorce can…
Does greed also have a role in most divorce cases?
In my experience, yes, in most cases. Not all cases, but most cases. And there are varying degrees of greed reflected in the way people approach their divorce cases. Some…
Christmas/Winter Break for Parents Under the Utah Code
Christmas/Winter Break for Parents Under Utah Code § 30-3-35 or (§ 30-3-35.5 for a child 18 months and older) If your Christmas/Winter break starts December 17, 2021 and ends January…
How do I prepare for family court mediation?
How do I prepare for family court mediation? There appears to be a lot of confusion and fear surrounding the divorce mediation settlement conference. There shouldn’t be. The two main…
How do you stay strong while being alienated from your child?
Any way that works for you (without running afoul of God or the law of the land, of course). Parental alienation is one of the most gut-wrenching miseries one can…
Is filing for divorce altogether worth it despite the high cost and heavy emotional toll?
There are clearly circumstances that not only justify but may even necessitate a divorce. No one is bound to remain married too someone who threatens one’s life or physical safety with a…
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