Can a divorced spouse claim rights to a previous primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that…
Can a divorced spouse claim rights to a premarital primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that…
Good news, apparently, for parents deserving of joint equal physical custody of their children but who have, up until now, been fighting an unfair, unnecessarily uphill battle. The Utah Legislature passed,…
What would you do if your child's father who is only entitled to supervised visitation filed for a modification of a court order so a family member you don't approve…
What are the different tips for parents sharing custody during this COVID-19? Best tip: don’t use COVID-19 as a pretext for withholding/preventing/sabotaging contact and care and communication between the children…
Can a mother lose custody even if the child is still very young? Are there any situations where a mother can lose custody even if their child is still very…
Judge says stay away from my paramour. Can judge do that? I became pregnant by my paramour after my husband and I separated. The court order states we are not…
Can the other parent send someone I’ve never met to pickups and drop-offs for our child? Can the other parent send someone I’ve never met to pickups and drop-offs for…
How can you go about child custody when the other parent only wants full custody for the child support benefits and barely is with the child? If: you have proof…
How long does it take a divorce to become final if one party is refusing the divorce? It can take an amazingly, shockingly long time. One of the most frustrating…
How do lawyers drag out court cases? In some respects, the ways are limited only by the power of one’s imagination, but the most common ways I have experienced in…
Should I pay my lawyer to talk to the attorney of the other party? He spent 3 hours last week responding to 12 emails from the other lawyer and I…
What policies and factors determine how child support is calculated? This is a good question and a question that many parents ask. Every state in U.S. has child support calculation…
I know two people that separated and share custody and both have jobs yet he pays child support? How does this work? This is a great question and a question…
Why is my lawyer ignoring me? There are many possible reasons. Lawyers are notorious for being hard to reach and for being unresponsive and nonresponsive. If you aren’t paying your…
Do parents who share joint equal physical custody of their children pay child support? If my spouse and I were to agree to share joint equal physical custody (50-50) of…
Why would a court/judge want the opposing parties to settle? Because if the parties settle, then the judge does not have to preside over a trial in the parties’ case.…
Do lawyers ever regret helping a client or obtaining a particular judgment? Yes, yes, of course. We all know that there are plenty of lawyers who will prostitute their professional skills for money…
S.B. 122 (4th Substitute) passed by the Utah State Legislature March 5, 2021! Who should care and why? The elephant in the room is this: if there is no gender…
S.B. 122 passes, despite transparently self-serving and disingenuous opposition from the State Bar Family Law Section. The Family Law Section's stated opposition to the first iteration of S.B. 122 and…
Do you need a reason to get a divorce? Not really, at least not in the jurisdiction where I practice divorce law (Utah). Even if you get a “no fault”…
Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable…
Married a short time. He demands discovery going back years. Can he? Married 16 months. He became abusive almost immediately after. I filed for divorce. He and his attorney is…
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you…
Why is it difficult for a father to get child custody? Because there is a pernicious and false belief in far too many of the courts (not, notably, in society…
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you…
If I can’t find an attorney, can it honestly be said I got a fair trial? If a person seeks legal representation in a court, and every attorney they tries…
Why does someone need an attorney when they can just defend themselves in court (pro se)? Why does someone need an attorney when they can just defend themselves in court?…
Thomas v. Thomas - 2021 UT App 2021 UT App 8 THE UTAH COURT OF APPEALS JEREMY THOMAS, Appellant, v. JODY TASKER THOMAS, Appellee. Opinion No. 20190242-CA Filed January 22,2021…
Are older lawyers better? If by “older” you mean lawyers who are not fresh out of law school, the answer is: almost always yes. They don’t teach you how to…
GALs and custody evaluators waste too much money and time, and can never provide the same accuracy as a judge’s direct interview of the child. This post is the fifteenth…
How is it possible that people go bankrupt during divorce in the USA? Isn't it a 50/50 split? It’s not “the divorce” that causes people to go bankrupt, it’s the…
What is the best case law to cite during a high conflict custody battle where parental alienation has been occurring? If you know of any, please let me know. My…
Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview? How could it be better to spend thousands on a GAL or custody evaluator when the…
Would you tell someone that his/her spouse is cheating? First, I need to make clear that my answer is in my capacity as just a member of the public. If…
How do I fight a DUI without a lawyer? You don’t. Too much at stake. Too hard to do on your own. I’m a lawyer (a divorce and family law…
Utah Divorce Case Timeline Summary The greatest influence on how long a divorce case takes is usually how much and how severely the parties fight over the issues. The more…
What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few…
How can I protect my assets before getting married without prenup? Short answer: One option (not a very good one, frankly, but about the best there is under the circumstances…
Why do pro se litigants fail so often? And if you’re wondering what a pro se litigant is, here’s the definition: someone who argues his/her own case in a lawsuit,…
What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few…
If I have to give my spouse half of my retirement after a divorce, should I still go forward or just ride it out? Great question, but not for the…
2020 UT App 141 - THE UTAH COURT OF APPEALS HUGH LYNN BJARNSON, Appellant, v. JENNIFER LOU BJARNSON, Appellee. Opinion No. 20190734-CA Filed October 16, 2020 Fourth District Court, Provo…
From Seth Godin: The magic of trade-offs If you make a laptop more powerful, the battery life will suffer and it will get heavier too. Trade-offs. If you make a…
When one’s former spouse alienated someone from their family, how can one repair the relationship with the family after the spouse is divorced? I am thankful for your question, and…
When a young couple divorces after only a month of marriage, should there ever be an expectation that one party owes anything to the other, even if they lived with…
What if you don’t get divorced and just move away? The risks and dangers in just up and moving away from (abandoning) your spouse are manifold. Here are a few…
What if you don’t get divorced and just move away? The risks and dangers in just up and moving away from (abandoning) your spouse are manifold. Here are a couple…
Can I get a cost-free divorce if, say, my spouse is verbally and emotionally abusive? In a sense, yes, but not because of a finding that your spouse “verbally and…
What should you know as a woman about divorcing? Consider the source of this answer, as it comes from a married (not divorced), male divorce lawyer. To many reading this,…
Black and white, plain and simple. We really mean that here at Utah Family Law, LC. What you normally hear about divorce and family law is all over the map–even when you hear it from lawyers.
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