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…

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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…

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My mom has full custody, but I want to live with my dad. What do I do?

My parents got divorced when I was 3. I’m currently 14. My mom has full custody of me, but I want to live with my dad full time in Denver,…

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How does custody of children work if the parents live in different states?

How does custody of children work if the parents live in different states? I’ll answer this question in the context of Utah’s family law (I practice divorce and family law…

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What is the best way to get a 50/50 custody and visitation plan in family court?

There are many, many factors the judge will consider. I’ll list them. First and foremost is: distance between the parents. If the parents don’t live close enough to each other…

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Child Support: can it be awarded to a joint custodial father who lost his job, if the mother is employed?

Child Support: does a father with joint custody who lost his job have the right to claim child support, if the mother is employed? My answer applies for the State…

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What are legal ways one can prevent having to pay spousal support in case of a divorce?

What are legal ways one can prevent having to pay spousal support in case of a divorce? Do you really mean “What are legally and equitably valid ways one can prevent having…

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Hahn v. Hahn – 2018 UT App 135 – custody, jury trial, constitutionality

This opinion is subject to revision before final publication in the Pacific Reporter Hahn v. Hahn - 2018 UT App 135 IN THE UTAH COURT OF APPEALS RANDY R. HAHN,…

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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…

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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…

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Perspective of a Law Student: How my views on court decisions have changed

Perspective of a Law Student: How my views on court decisions have changed after 2 years of law school by Alyssa Miller Before law school I perceived court cases and the…

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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…

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How Do I Get My Ex Prosecuted for Custodial Inteference?

QUESTION: What can I file in court for custodial interference? Is it just a matter of filing a motion for order to show cause? Or is there more to it?…

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What are the legal repercussions of posting an email chain between myself and my daughter’s custodial parent exposing her downright shady behavior?

What are the legal repercussions of posting an email chain between myself and my daughter's custodial parent exposing her downright shady behavior? Many who “answered” your question didn’t read your…

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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…

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Proposed Amendments to the Utah Rules of Civil Procedure – Comment Period Closes July 19, 2018

Amendments to the Utah Rules of Civil Procedure have been proposed. The comment period closes July 19, 2018. If you want to comment, you can. Just click here: https://www.utcourts.gov/.../rules-of-civil-procedure.../ Rules of…

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Can a wife expect a property to be split equally if she cheated?

Can a wife expect a property to be split between partners if she cheated on her partner in the US (assuming no contract has been signed)? Yes. People who are…

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Why are women generally awarded child custody more often than men?

QUESTION: From a lawyer’s perspective, why do women get child custody almost 90% of the time? Is there really a bias? What factors come into play when deciding about it?…

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Munoz-Madrid v. Carlos-Moran – 2018 UT App 95 – alimony

Munoz-Madrid v. Carlos-Moran - 2018 UT App 95 THE UTAH COURT OF APPEALS PATRICIA MUNOZ-MADRID, Appellee, v. MARTIN ROBERTO CARLOS-MORAN, Appellant. Opinion No. 20161013-CA Filed May 24, 2018 Fourth District…

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A Spouse’s Questions about the Divorce Mediation Process

Questions: If we go to mediation, can I hire an attorney after to review the documents from mediation before I sign anything? What if I hire an attorney before we…

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Who has rights to custody of children after divorce, the mother or father?

Who has more rights to claim the custody of their child after divorce, a mother or father? The answer the legal profession wants you to believe and that the law…

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Attorneys: “glorified pencil-pushers”?

This is from part of an e-mail that I received from Richard Jacobs. He helps attorneys with their marketing. I like much of Richard's approach because, like me, he doesn't…

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How unemployment or under-employment affects child support

QUESTION: I was looking into child support laws, I am confused about how involuntary vs. voluntary unemployment or under-employment affects the child support obligation. If a non-custodial parent wants to…

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Yes, there is a bias in favor of mothers in child custody disputes, but not for much longer.

Wednesday, March 7, 2018 I recently saw this post on a child custody Facebook group: If [fathers] want to piss and moan, and whine online about injustice and not being…

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Can I represent myself in a child custody dispute and win?

Can I represent myself in child custody matters of my own children and win? What you really mean is, “Can I represent myself in child custody matters of my own…

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My ex claims snow days and teacher development days are all his. How does Utah law govern this?

QUESTION: My ex keeps bringing up snow days and teacher development days and claims he gets them all. How does Utah law govern this? ANSWER: First, do unto others as…

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Sandusky v. Sandusky – 2018 UT App 34 (23-Feb-2018) – bifurcation, separation agreement, court discretion

2018 UT App 34 THE UTAH COURT OF APPEALS KYLEE J. SANDUSKY, Appellee, GEORGE A. SANDUSKY, Appellant. Opinion No. 20160131-CA Filed February 23, 2018 Third District Court, Silver Summit Department…

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Is the money I earn at my job during the marriage marital property?

Are my earnings from my job that I earned during the marriage marital property? Almost certainly. Black’s Law Dictionary defines “marital property” as follows: Property that is acquired during marriage…

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Paulsen v. Paulsen (2018 UT App 19) – alimony modification

2018 UT App 19 THE UTAH COURT OF APPEALS LYNESSA MICHELLE ANDERSON, Appellee, LOREN PRICE ANDERSON, Appellant. Opinion No. 20160507-CA Filed February 1, 2018 Fourth District Court, Provo Department The…

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Paulsen v. Paulsen (2018 UT App 22 ) – modification of alimony

2018 UT App 22 THE UTAH COURT OF APPEALS HOLLY PAULSEN, Appellee, KEITH PAULSEN, Appellant. Opinion No. 20151014-CA Filed February 1, 2018 Second District Court, Farmington Department The Honorable Robert…

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What if I don’t want custody of my child post-divorce?

What if I don't want custody of my child post-divorce? If the other parent is 1) fit to exercise custody of the child(ren) and 2) willing to take custody of…

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