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 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…
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,…
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? In Utah, no. But here is how (see Utah Rules of Civil Procedure, Rule 4(d)) you…
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…
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…
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 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…
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…
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? I am a divorce lawyer who encounters this (rather silly) “issue” in child custody cases frequently. And here is…
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…
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…
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. 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? 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 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,…