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…
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 are mother's awarded child custody so often? There is one main reason, and many ancillary reasons,…
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…
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…
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…
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 Make sure you know what you're doing before you make a decision you can't undo. Are you feeling frustrated, unsatisfied, and even…
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? The best divorce lawyer is not someone who…
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 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.…
What if my spouse will not complete the divorce orientation and education courses for parents? Can the judge still grant the divorce? Yes. You can file a motion notifying the…
A minor child of divorced parents need not be a party to the divorce action to be subject to the court’s contempt power. See Crank v. Utah Judicial Council, 20…
2017 UT App 209 THE UTAH COURT OF APPEALS MELVIN MCQUARRIE, Appellant, JANETTE COLLEDGE MCQUARRIE, Appellee. Per Curiam Opinion No. 20170720-CA Filed November 16, 2017 Third District Court, Salt Lake Department…
In Utah, where I practice, the period of time that a judge has to render a decision on a matter that is submitted for final determination is provided in Utah…
Is it really true that the child support award leaves you literally with $6 per month? Let me explain why I ask. In Utah, where I practice, we have statutory…
Is there a legal remedy where an ex-husband and wife in the middle of a custody battle can speak freely and off the record through their lawyers without fear of…
What is the function of bailiff in court? In Utah, where I practice, they are officers of the county sheriff or city police department who are in the courtroom to…
Do you think the current divorce laws are biased against men? In my experienced opinion, yes (and I speak as one who represents both women and men in divorce where…
QUESTION: The court gave my mom full custody of me, can I live with my father without her doing anything about it? ANSWER: First, we start with the obligatory “don’t…
NOTE: this will explain how to calculate Christmas break parent-time for any period, in any year (but we'll use 2017 as an example). QUESTION: I'm trying to figure out what day…
My friend is a good man. His wife is crazy. She put a protection order against him, to help manipulate the court proceedings. What should he do? Defend himself with…
What do the police think of lawyers? Generally, we don’t like or trust each other. And for good reason. I’m an attorney. I don’t like most law enforcement officers because…
2017 UT App 77 - THE UTAH COURT OF APPEALS ANDREW VEYSEY, Appellee, v. ALEXIS NELSON, Appellant. Opinion No. 20150609-CA Filed May 4, 2017 Third District Court, Salt Lake Department The Honorable…
How can I file for divorce if I can't find my spouse's address? In Utah, if you can persuade the court with which you have filed your law suit that…
QUESTION: Is there a legal remedy where an ex-husband and wife in the middle of a custody battle can speak freely and off the record through their lawyers without fear…
Vanderzon v. Vanderzon - 2017 UT App 150 - August 17, 2017 THE UTAH COURT OF APPEALS HEIDI KIRSTEN VANDERZON, Appellant, v. JOHN MATTHIAS VANDERZON, Appellee. Opinion No. 20140946-CA Filed…
DeAvila v. DeAvila, 2017 UT App 146 (August 10, 2017) ----------------------------------------- THE UTAH COURT OF APPEALS CRISTY DEAVILA, Appellant, v. PERICLES DEAVILA, Appellee. ----------------------------------------- Opinion No. 20160024-CA Filed August 10,…
QUESTION: Is there a way to stop ORS from taking child support directly out of my pay checks? For the first 10 years of my husband’s divorce decree, he and…
Rule v. Rule - 2017 UT App 137 (August 3, 2017) – alimony – standard of living THE UTAH COURT OF APPEALS GEOFFREY S. RULE, Appellee, v. RICHELLE RULE, Appellant.…
White v. White - 2017 UT App 140 (August 3, 2017) - division of marital assets - homestead exemption - proper service THE UTAH COURT OF APPEALS DEAN WHITE, Appellant,…
MacDonald v. MacDonald, 2017 UT App 136 (August 3, 2017) THE UTAH COURT OF APPEALS KIRKPATRICK MACDONALD, Appellant, v. LEE ANNE MACDONALD, Appellee. Opinion No. 20150785-CA Filed August 3, 2017…
Christensen v. Christensen - 2017 UT App 120 - July 20, 2017 THE UTAH COURT OF APPEALS ELENA KAY CHRISTENSEN, Appellee, v. BRENT CHRISTENSEN, Appellant. Opinion No. 20150994-CA Filed July…
Can a 16 year old sleep with a 10 year old? If by your question you mean to ask, "Can a 16-year-old child sleep in the same bed with a…
QUESTION: How do I stay calm during my divorce deposition when my ex has told extreme lies about me? My ex gave his depo first. He said things that made…
Can my ex force me not to pay for my child's college tuition, even though I can afford to pay it in full? My ex and I have a growing…
Have you ever thought about “bugging” your children’s teddy bear or diaper bag to eavesdrop on your ex? A parent in Utah tried this exact thing (spoiler alert: it didn’t…
What happens if someone doesn't answer their discovery questions in a child custody battle? What CAN happen (in Utah, where I practice family law): (See Rule 37—particularly Rule 37(b)—of the…
As a matter of basic human rights and human nature, unless they are unfit then divorced and separated parents and their children deserve joint custody. "[A] parent's right to the…
What are the rights of a husband who disagrees with his wife about what religious school their children go to? I want to remove my kids from Catholic school and…
What are my chances of getting 50/50 custody of my child in court, if the other parent refuses to give me more time? If I'm an air traffic controller and…
Am I allowed to ask for my social workers’ qualifications or expertise? In the State of Utah, absolutely. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Am-I-allowed-to-ask-for-my-social-workers-qualifications-or-expertise
What are the biases shown in family law? Every human bias imaginable can affect a family law case, but the ones that I find most common and most troubling are…
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.
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