Are divorce records public?
I cannot speak for all jurisdictions, but for the jurisdiction where I practice divorce law the answer is “yes”. See Utah Code § 30-3-4(2)(b): §30-3-4. Pleadings--Decree--Use of affidavit--Private records (b)…
If each parent is fully capable, will the court still give full custody to mom?
If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about…
Can an adult child be sued for helping one parent divorce the other?
Taking your question literally: Can? Yes. You can file a lawsuit for any “reason” or no reason at all. Crazy and/or malicious people file crazy/malicious/frivolous/unintelligible lawsuits all the time. Just…
How do I get a quick, cheap divorce?
Easiest way up front, but usually most foolish, most financially and psychologically expensive in the long term: give your spouse whatever he she wants/demands (while it is possible for your…
Is staying with parents during pregnancy grounds for filing for divorce?
You don't have to come up with creative reasons for getting a divorce anymore in the age of no-fault divorce (in the U.S.A.). You don't have to find a reason…
Is there anything that can surprise a judge during a divorce proceeding?
Is there anything that can surprise a judge during a contested divorce proceeding? Of course. We’ve all read about cases where all of the circumstantial evidence indicated the defendant is…
Can you get a post-judgment interest rate higher than the statutory rate?
Did you know you can request a post-judgment interest rate that is higher than the default statutory rate? It’s true. While the court does not have the discretion to lower,…
Do both parties have to sign the paperwork for a divorce to be granted?
Do both parties have to sign divorce paperwork in order for a divorce to be granted? It is possible in many jurisdictions (Utah being one of them; if you are not…
Can a non-custodial parent claim the child tax credit?
Yes, and the IRS has provided this summary (among other publications) to show non-custodial parents how: https://www.irs.gov/pub/irs-pdf/p4449.pdf Here is an excerpt from that IRS publication: Claiming Your Child as a…
How do you prove duress in a divorce?
I will answer your question in the context of Utah law because I practice divorce and family law in the state of Utah. First, here is how duress is defined…
I signed a CPS safety plan but the court orders protective supervision.
What happens if I signed a CPS safety plan but the court orders protective supervision? The court’s order supersedes the agreement. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-happens-if-I-signed-a-CPS-safety-plan-but-the-court-orders-protective-supervision/answer/Eric-Johnson-311 …
How do you win financially in a divorce?
It depends upon what you mean by “win financially.” Man divorcing people define this term differently, and the differences are extreme. Some people define "winning financially" as: coming away from…
How does someone take custody of a child after winning custody?
When someone wins custody of a child, does the child come to the courthouse to be taken by whoever is awarded custody or do they go to the home of…
What are the significant changes to family law in the past two centuries?
What are the most important changes to the family law in the 19th century and 20th century up to today, and why? In my opinion (and in no particular order): …
True or false: Better to divorce than have a miserable life.
This blog post is in response to this question: I don't think it's bad to get a divorce. I think it's more unhealthy to have miserable lives. — Ginger Wynn.…
What is the proper way to request a change of the child custody order?
What is the proper language to request a change of the child custody order in family law court? What you want to accomplish is not the kind of thing that…
How should the child support payment system in the U.S. be changed?
How should the child support payment system in the U.S. be changed to make it more fair? What is unfair about child support for the child support payor (also known…
Can I get an annulment instead of a divorce?
Many people call me asking about whether they can get an annulment instead of a divorce. Their reasons are almost always the same: "I would prefer to say that I…
How can I reveal my soon-to-be ex as having NPD in our custody case?
How can I reveal my soon-to-be ex as having NPD in our child custody case? You're asking the wrong question. You shouldn't be asking how you can prove your spouse…
How would my fiancé go about getting any sort of custody for his child?
That is an extremely broad question. The best way to start: find a good domestic relations lawyer (a good one, not just any) and schedule a consultation with him/her so…
Is the percentage of married people getting a divorce still about 50%?
Is the percentage of married people getting a divorce still about 50%, or is it now higher? It’s actually a bit less than 50% currently and for the past few years. This…
How do I stop being afraid of divorcing?
How do I stop being afraid of divorcing? I’m so scared. I’ve been a stay-at-home mother for 18 years. I have health issues. I don’t know if I can provide…
Is hiding money from your spouse grounds for divorce?
In the age of no-fault divorce, you don’t really need to have a good reason (or any reason at all) to get a divorce. So if your spouse is hiding…
Duffin v. Duffin – 2022 UT App 60
2022 UT App 60 THE UTAH COURT OF APPEALS JAMES M. DUFFIN III, Appellee and Cross-appellant, v. BRANDY E. DUFFIN, Appellant and Cross-appellee. Opinion No. 20200361-CA Filed May 12, 2022 Third District Court, West Jordan Department…
Beckham v. Beckham, 2022 UT App 65
2022 UT App 65 THE UTAH COURT OF APPEALS VICKI BECKHAM, Appellee, v. RANDALL BECKHAM, Appellant. Opinion No. 20200935-CA Filed May 19, 2022 Third District Court, Salt Lake Department The…
What will the court do if I do not pick up a letter my ex husband sent?
What will the court do if I do not pick up a letter my ex husband sent that needs to be signed by me from the courts about his back…
Can you go back to your ex-spouse after a divorce?
Yes, there is no law (I know of in any jurisdiction of which I am aware, but check in your jurisdiction to be sure) against a divorced couple resuming a…
Law from a legal assistant’s point of view, week 46
Law from a legal assistant’s point of view, week 46: Simplify, but do so Elegantly By Quinton Lister, legal assistant As a legal assistant to a divorce attorney, I find…
Horne v. Horne – 2022 UT App 54 – 60(b) motion to set aside
2022 UT App 54 THE UTAH COURT OF APPEALS REBECCA A. HORNE, Appellee, v. TODD D. HORNE, Appellant. Opinion No. 20200845-CA Filed April 28, 2022 Third District Court, Salt Lake…
How can I help my stepdaughter get away from an abusive mother?
How can I help my 12-year-old step daughter get away from an emotionally abusive mother? Tell the child’s father (your husband) about the trouble and have him handle it. It’s…
Is it wrong for a parent to go to their adult child for emotional support?
Is it wrong for a parent to go to their adult child for emotional support concerning the parent’s marriage? I am a divorce and family lawyer and a parent, but…
Is appointing a guardian ad litem helpful in custody cases?
Is appointing a guardian ad litem a positive tool to help with custody cases? [I will respond to your question based upon my experience with guardians ad litem in Utah,…
Law from a legal assistant’s point of view, week 45
By Quinton Lister, legal assistant I work for a divorce attorney, but I am not pro divorce. I understand that if there were no divorces I would be “out of…
What are the chances of a mother getting full custody?
In my experienced opinion: If the fight is over which parent will be awarded sole (full) custody of the children, and if no other factors are considered: the chances of…
How will it affect children to switch schools every other school year?
How will it affect children to switch back and forth to schools every other school year due to child custody agreement between parents who live in different states? Probably not…
If both parents are wonderful, will the court still favor the mother?
If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about…
Law from a legal assistant’s point of view, week 44: Mountains
By Quinton Lister, legal assistant One prominent geographical feature of Utah (where I am a legal assistant for a divorce attorney) is the mountains that surround the cities and towns…
What should the child support award be if my ex makes $1,200 per week?
Should I be receiving more than $300 a month in child support if my ex-husband makes $1,200 per week? Each jurisdiction has different child support laws and rules, but I…
What if your client gets custody when they should not have, due to you?
What should you do if you represented a client in a divorce who should not have gotten the kids, but got them due to your ability? We have a word…
What is the argument for hearing a child’s view in a custody decision?
What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never…
Law from a legal assistant’s point of view, week 43: Law Offices
By Quinton Lister, legal assistant One thing that I have noticed in my time as a legal assistant to a divorce attorney is that most law offices are difficult to…
What is a CMA?
This blog post was written by a real estate agent for us. CMA stands for Comparative Market Analysis and is a report meant to reflect the market value of a…
Can I force my spouse to divorce me?
I know of no legal way to force your spouse to filed for divorce against you, but you may not be aware of the fact that your spouse cannot prevent…
Can a parent take kids out of state while divorce is pending?
Can a parent who has filed for divorce and moved out with her 2 children now take her children for a week to another state for Thanksgiving, or will it be…
How long after my divorce am I considered single?
I can’t speak for all jurisdictions, but for the jurisdiction where I practice divorce law (Utah), the answer is that you are considered single as soon as the court issues…
Law from a legal assistant’s point of view, week 42
Law from a legal assistant’s point of view, week 42: Do you like divorce law? By Quinton Lister, legal assistant Often when I tell people I know that I am…
I’m 14 and my mom is making me live with my dad. How do I stop this?
I'm 14 and my mom is making me live with my dad and is giving him custody. What can I do to prevent this from happening? I’m a divorce and…
Why isn’t 50/50 custody the default resolution in child custody cases?
I have studied this question throughout my career, and I've been a divorce and family lawyer for 25 years. If there is one family law question to which I know…
In a divorce, should children live with their favorite parent?
I can’t speak for all jurisdictions, but I can tell you that in the jurisdiction where I practice divorce and family law (Utah), currently the child’s preference for one parent…
Law from a legal assistant’s point of view, week 40
Law from a legal assistant’s point of view, week 40: Recording family law hearings By Quinton Lister, legal assistant My time as a legal assistant to a divorce and family…
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