Married a short time. He demands discovery going back years. Can he?
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?
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?
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?
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 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?
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 – contempt, modification of custody
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?
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/custody evaluators waste money/time compared to judge interview
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?
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 about parental alienation?
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?
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?
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?
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
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 to do before a divorce, if you’re not in the wrong
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?
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?
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 me before divorce, if I’m not in the wrong?
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…
Give my spouse half my retirement in divorce, or just ride it out?
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…
Bjarnson v. Bjarnson – 2020 UT App 141 – prospective increase in alimony based upon uncertain future event
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…
Some trade-offs are unavoidable
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…
Can I repair the relationship with an alienated family member after divorce?
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…
Do I owe my spouse of just a few months anything in divorce?
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?
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?
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?
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?
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,…
What does it take to get the court to award custody to the father?
What does it take to get the court to award custody to the father? Either: A) a miracle or B) the mother has to be so clearly an unfit parent…
Can one spouse or the other avoid paying taxes on a joint tax?
Can one spouse or the other avoid paying taxes on a joint tax? Tax law does not require married couples to file joint income tax returns simply by virtue of…
How do courts view mothers who abandon their family during a divorce?
How does the court view mothers that abandon their family during a divorce? Generally, with disbelief, at first. Why? A few reasons. One, to its credit, our culture still holds…
What are the dirty tricks your spouse can do to attack you during a divorce?
What are the dirty tricks your spouse and his/her lawyer can do to attack you during a divorce? Understand that while the tone of this answer to your question is…
Why do people in the United States get divorced so much? 40-50% sounds so extreme.
Why do people in the United States get divorced so much? A 40-50% divorce rate sounds so extreme. First, know up front that there are, of course, some people who…
New Developments in Utah Law Governing Termination of Alimony
New developments in Utah case law governing the termination of alimony with the case of Scott v. Scott. In this case, the ex-husband moved to terminate alimony and won. The…
How can I calm my nerves?
How can I calm my nerves? I hired an attorney to help with my child custody case against my BPD ex. I’m so scared of what he will do when…
State v. Norton – 2020 UT 46 – Utah Supreme Court
https://www.utcourts.gov/opinions/supopin/State%20v.%20Norton20200713_20180514_46.pdf This opinion is subject to revision before final publication in the Pacific Reporter 2020 UT 46 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Respondent,…
What happens if you are served divorce papers yet don’t sign them?
What happens if you are served divorce papers yet don’t sign them? I will answer this question as it applies in the jurisdiction where I practice divorce law (Utah): If…
I hired an attorney. I’m so scared how my ex will react.
How can I calm my nerves? I hired an attorney to help with my child custody case against my BPD ex. I’m so scared of what he will do when…
If we agree on our divorce terms, do we need attorneys?
If we agree on our divorce terms, do we need attorneys? In a less complicated divorce, where each party has already agreed to the split of assets, do they each…
Would a child deal better with constantly fighting or divorced parents?
"Do you think a child would deal better with constantly fighting parents or divorced parents?" I have been asked to answer this question, but as a divorce lawyer (not someone…
Who files for divorce more? Men or Women? Why?
Who files for divorce more? Men or Women? Why? Women file more In the United State of America, although the percentages vary depending on the study, the research is unanimous in…
Why does a parent asking questions turn into a trial?
Why does a parent asking questions turn into a trial? A parent questioning a child often turns into “a trial” when either 1) the child questioned is guilty of wrongdoing…
How much are the typical fees for a divorce?
How much are the typical fees for a divorce? According to lawyers.com, as reported June 18, 2019, the average cost of a divorce in my jurisdiction where I practice divorce…
For divorced parents: why isn’t your custody award 50/50?
For divorced parents: why isn't your custody award 50/50? Concisely (and in no particular order): sometimes a parent’s job, physical or mental/emotional disabilities, misconduct (like domestic violence, child abuse, or…
Can a mother keeping the children from the father work against in custody litigation?
Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living…
If you haven’t seen “Erasing Family” and you’re going through a child custody dispute
If you haven’t seen "Erasing Family" and you’re going through a child custody dispute, you should. You really should. Because you really don't have any idea what you're in for.…
How can we change the court system in order to make divorces easier on the children?
How can we change the court system in order to make divorces easier on the children? In my opinion: Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce…
How long does it take to get results for a psych evaluation in a divorce?
How long does it typically take to get results for a psych evaluation in a divorce? There are many variables; just to name a few: how easily the kind of…
Should we award custody to the parent who is a lower risk for COVID-19?
Should we award custody to the parent who is a lower risk for COVID-19? Is it reasonable to give custody to the parent who is a lower health risk to…
Why is it so common for parents to become outright enemies after divorce?
Why is it so common for parents to become outright enemies after a divorce? I have represented people in divorce who were pure as the driven snow, innocent as lambs,…