You may have a very difficult time finding free legal representation, BUT you may have a much easier time getting advice as to how you can and should proceed and…
So you've paid your divorce attorney $10,000 or so, it's been 6 months, and essentially nothing's getting done. What went wrong? It could be many things. If you have a…
With rare exception in Utah (so rare that it might as well be non-existent), the way courts insist upon custody evaluations being conducted consists of: the court imposing one and…
By Quinton Lister, legal assistant I think one of the least understood facets of the legal system by lay people (like myself, a new legal assistant) is the concept of…
We all know that a protective order provides little to no substantive protection for the purported victim. The joke around the legal profession is that when a bullet, blade, bat, or fist is headed your…
I don’t want to appear immodest, but honestly, my book is probably the best source in one volume: https://store.legal.thomsonreuters.com/law-products/Treatises/Utah-Family-Law-2020-2021-ed-Vol-2-Utah-Practice-Series/p/106664782 You can also find the laws governing Utah divorce and family…
Great question. I have discussed this question with others. Their first reaction to the question is along the lines of “Oh, that’s terrible!,” but then we discuss the fact that…
By Quinton Lister, Legal Assistant My new job as a legal assistant to a divorce attorney has opened my eyes to the necessity of preparation. There are emergencies and surprises…
In Utah, such a thing can be done, but I have never, in 24 years of practice, seen it ordered or agreed to (I’ve heard rumors that some parents have…
Here is an example of an important gotcha factor to be on guard against, if you are a good father being forced by the legal system to fight for joint…
I’m 15, about to be 16, and my parents are getting a divorce. My father has full custody, but he doesn't want to take me to court to present my…
In Utah, the answer to your question would be: Yes, in the form of the restraining order itself. The restraining order itself states that “[t]he order shall expire by its…
By Quinton Lister, Legal Assistant Part of what has drawn me to my current position as a legal assistant to a divorce attorney is that I wanted to learn more…
No. There is no minimum age at which child can be left unsupervised in Utah. Child and Family Services uses the following definition to evaluate each situation: Non-Supervision – The…
MCQUARRIE v. MCQUARRIE - 2021 UT 22 In the Supreme Court of Utah. Melvin C. MCQUARRIE, Appellant, v. Janette Colledge MCQUARRIE aka Janette Kendall, Appellee. No. 20190902-SC Heard March 5,…
By Quinton Lister, Legal Assistant It doesn’t take a lawyer to discover, and it doesn’t take long to realize, that the legal profession is by no means perfect. The legal system…
In Utah, the answer is: it’s likely that Mom will pay child support to Dad. Generally, unless the primary joint custodial parents makes orders of magnitude more than the other…
Of course. First, even if one could prove a parent suffers from narcissistic personality disorder (NPD), merely suffering from this condition wouldn’t automatically disqualify a parent from being awarded sole…
Thanks for the laugh. In 25 years of family law practice I’ve never heard of a man seeking custody of children (plural) that do not exist, nor have I ever…
By Quinton Lister, Legal Assistant Giving without expectation is one of the hardest things to do in this life. I often wonder in our capitalistic society why it is so…
Unless the child support order provides for a change in the child support obligation or benefit in the event and due to the parents moving out of the country, then…
I will answer this question based upon the law of the jurisdiction where I practice family law (Utah). So the question is: How can I get an emergency hearing for…
I don’t know, and I doubt that statistics are kept on such a question. If there are such statistics, I do not know of them. Generally, the reputation appointed counsel…
By Quinton Lister, Legal Assistant I think most of the observations I am having as a new legal assistant are not groundbreaking, but my boss and I are learning that…
With money. And enough money to prove you can afford to pay the attorney to do the job well. Enough money to make the job worthwhile for the lawyer. That’s…
No. I do support that idea that one’s own child support entitlement should be an insurable interest in the amount of the entitlement itself (meaning that if you are the…
I will answer this question as it applies in my jurisdiction (Utah). First, no one has a right simply to choose your judge or choose to change the judge assigned to…
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…
First, unless there is a statute or court order that requires a parent to purchase a car for a child, or that requires both parents to share the costs of…
No, mothers are not being treated "worse" by the legal system these days, with more and more states leaning toward awarding joint custody to fathers more. Mothers do not have…
The FIRST questions most frequently asked of me are: “How much can I expect it to cost me in total to get a divorce?” “What is your hourly rate?” “What…
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…
I get this question frequently. The answer: Sure, you can ask (you can always merely ask) the court to award you temporary custody of the child(ren) under such circumstances, but…
For the jurisdiction where I practice divorce and family law (Utah), the laws the court must consider are found in Utah Code § 30-3-10, 30-3-10.2, and, if the question of…
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…
Pretty much impossible. Why? Two big reasons, generally: Narcissists are masters of deception. Being a narcissist generally not terribly relevant, if relevant at all, to most issues in a divorce…
By Quinton Lister, Legal Assistant The practice of family law takes a thick skin. I haven’t been at the job long (and I’m just a legal assistant), but it’s obvious that you got to be tough to do…
Can he/she go to court? Yes. You can go to court for anything, no matter how serious or how silly your “cause” may be. Whether the court will take your…
By Quinton Lister, Legal Assistant I wake up with a knot in my stomach every morning. I am not sharing that to get sympathy or to indicate that anything is…
It depends mostly upon whether your attorney has a big heart and/or no head for business. Generally, an attorney who takes your case without being paid as he/she goes, but…
Pro-fairness and Pro-child Recently, public service YouTube channel I run (UFTLV – Utah Family Law TV – not run by or run to support Utah Family Law, LC) received a…
Rarely, and when the judge does know, it’s usually because the other parent’s malicious behavior is so way over the top as to be impossible to detect or ignore or…
This is a general response because every jurisdiction may be a little different, but the principles that I discussed below are pretty uniform throughout the United States. Make sure you…
How? Not very well, generally. But before I elaborate, let’s ask and answer this question first: is the legal system designed to protect the visitation (“visitation” is also known as…
There are some great answers in this thread already. I hope that adding my two cents’ worth is informative too. I am a divorce and family lawyer. With rare exception…
By Quinton Lister, Legal Assistant I attended my first trial this past week. I did not question any witnesses or argue the case at the trial or anything like that because I am not a lawyer…
Yes. Even most of the lawyers who don’t quit the practice of law can barely stand it. I have met some lawyers who claim that their jobs are not stressful.…
This is a good question and a question that comes up often. I will answer your question as it would apply to the law of Utah, which is the jurisdiction…
2021 UT App 77 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, JOHN E. MINER, Appellant. Opinion No. 20200098-CA Filed July 15, 2021 Fifth District Court,…
Last week I reported that I am a complete neophyte when it comes to the practice of law (this is my second week as a legal assistant), and that remains…
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.
© Copyright 2025 Utah Family Law LC. All Rights Reserved. A Sites by Sara Website