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…
Can I serve my spouse with divorce papers in person and have them notarized?
Can I serve my spouse with divorce papers in person and have them notarized? In Utah, no. But here is how (see Utah Rules of Civil Procedure, Rule 4(d)) you…
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…
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…
Can the divorce go through if you have not been served divorce papers?
Question: Can the divorce go through if you have not been served divorce papers? Answer: No divorce action can be decided and a judgment entered unless the defendant or respondent…
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…
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…
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…
What happens if a child does not sleep in another room?
What happens if a child does not sleep in another room? I am a divorce lawyer who encounters this (rather silly) “issue” in child custody cases frequently. And here is…
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…
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…
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…
What divorce does and does not do
What divorce does and does not do. What divorce does. There can be no divorce without a marriage. Well, not exactly.[i] Let’s put it this way instead: if you are…
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…
What is the best way to get the courts to follow the laws already on books and the constitution for custody battles?
What is the best way to get the courts to follow the laws already on the books and the constitution for custody battles? To be frank, in my opinion there…
As a divorce lawyer, what is the most petty thing one of your clients had you do?
QUESTION: As a divorce lawyer, what is the most petty thing one of your clients had you do? ANSWER: Thanks for the question. The answer is: nothing. Legal whores do…
Why does the mom usually win custody of her kids in a divorce?
Why does the mom usually win custody of her kids in a divorce? Why are mother's awarded child custody so often? There is one main reason, and many ancillary reasons,…
Cool as a Cucumber: How to Testify Successfully at Your Deposition or in Court in a Domestic Relations Case
Cool as a Cucumber[1]: HOW TO TESTIFY SUCCESSFULLY AT YOUR DEPOSITION OR IN COURT IN A DOMESTIC RELATIONS CASE [1] This phrase (c. 1732) derives from ancient folk knowledge confirmed by…
Look, I know you want to believe mediation is the magic pill for divorce but you’re missing a crucial point
Way too many mediators (whether of the collaborative stripe or other persuasion) insinuate that 1) divorce without mediation is doomed to anger and misery; and 2) merely engaging in mediation…
What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time?
Question: What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time? What effect can this have…
My ex just announced he’s taking the children during my parent-time.
QUESTION: I have a question about parent-time inference. My ex-husband is taking the children out of town last minute and his plans overlap and will interfere with my holiday parent-time.…
5 Things Divorce Will Never Save You From
5 Things Divorce Will Never Save You From Make sure you know what you're doing before you make a decision you can't undo. Are you feeling frustrated, unsatisfied, and even…
Can I sue for the child support I paid after our child started living with me?
QUESTION: Can I sue my child's mother for the child support that was deducted from my pay after our child started living with me, in my home? ANSWER: Utah Code…
Why get a divorce lawyer who thinks and acts like a judge, not like a spouse, and not like a hired gun?
Why get a divorce lawyer who thinks and acts like a judge, not like a spouse, and not like a hired gun? The best divorce lawyer is not someone who…
How can I call my 10-year-old as a witness to say where she would like to live?
QUESTION: How can I call my 10-year-old as a witness in family court to say where she would like to live, and why? ANSWER: First, you may want to re-think your…
Why do Utah divorce courts rarely award attorney fees to the prevailing party?
Why do Utah divorce courts so rarely award attorney's fees to the prevailing party? Such a great question, and one that I have to answer with every case, every client.…