What are top things you wish your clients would stop saying/doing?
As a lawyer, what are top things you wish your clients would stop saying/doing? What a great question. Thank you for asking. I have a three-part answer: 1) for all…
As an attorney, what was your favorite case and how did it go down?
Winning the argument over whether the children of a divorcing couple should bear their father’s last name, after the husband refused to believe he was the children’s (they were twins)…
Computer and Online Evidence in Divorce and Child Custody Cases
I learned from this article (see the link below) a few things I didn't know about computer and online evidence in divorce and child custody cases. You'd be wise to read…
What are options for a parent who’s ex works the judicial system with the purpose of making the parent miserable?
What are options for a parent who’s ex works the judicial system with the purpose of making the parent miserable? Said parent is losing time with her child because her…
Hartvigsen v. Hartvigsen – 2018 UT App 238 – alimony, marital property
2018 UT App 238 THE UTAH COURT OF APPEALS DANIELLE MARIE HARTVIGSEN, Appellant, v. RICHARD MYERS HARTVIGSEN, Appellee. Opinion No. 20160069-CA Filed December 28, 2018 Fourth District Court, Provo Department…
Have we reached the point where mothers are not immediately deemed the best candidates for child custody?
Almost, but not yet. Until recently, it wasn’t just a cultural norm, but a legal principle that presumed during a child's "tender" years (generally regarded as the age of four…
Can a Utah court exercise jurisdiction over my divorce, even if I don’t live in Utah?
Yes, under certain circumstances. If you are a non-resident and Utah can still exercise jurisdiction over your case, this is referred to as “long-arm jurisdiction”. The statute which submits non-resident…
Why are there no penalties for false allegations in divorce and custody issues?
Why are there no penalties for false allegations in divorce and custody issues? First, there are penalties meted out; in my opinion few (far too few) in law enforcement, child…
Widdison v. Kirkham – 2018 UT App 205 – contempt, attorney’s fees
2018 UT App 205 THE UTAH COURT OF APPEALS JAMIE WIDDISON, Appellee, v. JANAE A. KIRKHAM, Appellant. Opinion No. 20160961-CA Filed November 1, 2018 Third District Court, Salt Lake Department…
As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce?
As a man, what steps can I take to safeguard my interests before telling my wife I want a divorce? There are two types of men who ask this question:…
Dole v. Dole – 2018 UT App 195 – imputed income, child tax exemption, property division
2018 UT App 195 The Utah Court of Appeals JULIE ANN DOLE, Appellee, v. CHRISTOPHER PATTON DOLE, Appellant. Opinion No. 20160702-CA Filed October 12, 2018 Third District Court, Salt Lake…
Stephens v. Stephens – 2018 UT App 196 – modifying child custody and support
2018 UT App 196 The Utah Court of Appeals DONOVAN TODD STEPHENS, Appellee and Cross-appellant, v. BRIDGET NICOLE STEPHENS, Appellant and Cross-appellee. Opinion No. 20170440-CA Filed October 12, 2018 Third…
Do I have to pay witnesses to testify at my divorce trial?
If a witness won’t come to trial and testify for you voluntarily, then yes, you need to pay your witnesses. Expert witnesses set their own expert witness testimony fees. Some…
Erickson v. Erickson-2018 UT App 184-modifying child custody/parent-time-discovery-expert witness-child testimony-attorney fees
Erickson v. Erickson - 2018 UT App 184 THE UTAH COURT OF APPEALS KIT RICHARD ERICKSON, Appellant, v. SHANDI ERICKSON, Appellee. Opinion No. 20170100-CA Filed September 27, 2018 Third District…
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…
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…
What are the biggest challenges a divorce lawyer faces?
What is one of the biggest challenges of a Divorce lawyer? First, read Donald Baranski’s answer to this question (which provided below); it’s excellent, and any divorce client would be…
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,…
No-fault and fault-based divorces: what is the difference?
What are the major differences between fault and no-fault divorces and which one should become more universally standard? It used to be that one could not get a divorce without…
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…
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…
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…
What can we do about the laws that are outdated about taking custody of a child?
What can we do about the laws that are outdated about taking custody of a child? In a clear and concise manner write to A) your state legislators, and B)…
How can I prevent a divorce, if I am mentally unfit to go through it?
How can I refuse to divorce my wife now, as I just lost my sister, and my wife told me just before my sister died, that I will never see…
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…
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,…
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…
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…
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…
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…
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?…
2018 UT App 130 – Bergmann v. Bergmann – prenuptial agreements
2018 UT App 130 - Bergmann v. Bergmann THE UTAH COURT OF APPEALS KAREN BERGMANN, Appellee, v. EUGENE D. BERGMANN, Appellant. Opinion No. 20160217-CA - Filed June 28, 2018 Fourth…
Evidence: What will the court admit, and why (relevance vs. materiality)?
The decision of whether to admit or exclude evidence in a hearing or trial belongs to your commissioner or judge. Even on appeal, the evidentiary decisions of the commissioner or…
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…
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…
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…
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…
Alimony: How much of it should I be asking for, and why?
How much alimony should I be asking for from my spouse? He’s very wealthy, and I do not work. I became a stay-at-home parent at his request. I'm now leaving…
What is the best website to obtain advice from a divorce lawyer in the USA?
What is the best website to obtain advice from a divorce lawyer in the USA? You have an embarrassment of riches available to you, if you’re looking for good legal…
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…
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?…
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…
What is no-fault divorce, and how does it work?
A lot of people think that “no-fault divorce” means that your spouse cannot get a divorce unless you’ve done something wrong (i.e., something to cause your spouse to “deserve” a…
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…
Is Done Better than Perfect in Your Divorce Case?
"Done is better than perfect." This is good advice for divorce lawyers, but equally good advice for divorce clients (really, it is) sometimes. Excerpts from Perfect, by David M. Ward …
In obtaining a divorce, are both parties served?
In obtaining a divorce, are both parties served? Yes, but not in the way you may mean. What usually happens is that one spouse files for divorce in the court…
I’m dirt poor, and my ex is taking me back to court to terminate alimony! What can I do?
What should someone who is disabled do, if they're being taken to court by ex, to terminate their alimony, and, they don't qualify for SSD? I’m not sure I understand…
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…
What are residency requirements for divorce?
A friend left her home in MI due to domestic violence to stay in PA with relatives in the months since. Which state would handle her petition for spousal support,…
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…