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…

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I recorded my husband telling me that he wants to hit me. Will this help me obtain custody of our child?

Question: I’m going through a divorce. A day ago, I recorded my husband telling me that he “wants to hit me in the face.” Will this evidence help me obtain…

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How can I prepare myself mentally for divorce?

I will answer your question based upon the presumption that you have already gone through the agonizing process of determining that you need to divorce. In other words, I will not treat…

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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…

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Is it ever a good idea to postpone a divorce for the ‘children’s sake’?

Ever? Certainly. Always? No. (and remember: though I’m a divorce lawyer, that does not mean I am a raving fan of divorce. I’m not. Rarely does even the “best divorce”…

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Morality Clause: Can Include One in My Decree of Divorce?

Can I successfully put a morality clause in a custody agreement to prevent my child from a living arrangement where my ex is living with a girlfriend? This practice is…

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Cool as a Cucumber : How to Testify Successfully at Your Deposition or in Court in a Utah Domestic Relations Case

Cool as a cucumber[1]. Is that you? It can be. When it comes to testifying, follow the Golden Rules: 1. Always tell the truth. 2. Simply telling the truth is not…

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In your experience, how often do divorces get resolved “amicably” after being filed in court?

Some couples actually realize that while their marriage is a failure, that does not mean that they are bad people. They can care enough about each other to divorce amicably.…

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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:…

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How to Fix Bad Credit After a Divorce (from LendEdu.com)

How to Fix Bad Credit After a Divorce https://lendedu.com/blog/how-to-fix-bad-credit-after-a-divorce - Jeff Gitlen October 17, 2018 Our research, news, ratings, and assessments are scrutinized using strict editorial integrity. In full transparency, our company…

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What do I need to do before filing for divorce? (a useful checklist, with explanations)

What do I need to do before filing for divorce? When deciding if you are going to file for divorce, there are some things you need to know, and many…

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2018 UT App 100 – divorce attorney malpractice standards of proof

2018 UT App 100 - THE UTAH COURT OF APPEALS JANAE KIRKHAM, Appellant, v. BRYANT J. MCCONKIE, DAVID W. READ, AND STRONG & HANNI PC, Appellees. Opinion No. 20160908-CA Filed…

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Divorce Preparedness: What do I need to do before filing for divorce?

When deciding if you are going to file for divorce, there are some things you need to know, and many things you should consider, before filing for divorce I. Why…

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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…

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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…

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What do divorce lawyers know about relationships that most people don’t know?

What do divorce lawyers know about relationships that most people don't know? People are generally far more dishonest in divorce than they let on. People who believe themselves to be…

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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…

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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,…

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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…

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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…

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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…

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Is it unreasonable to insist Dad/Mom provide clothes for the kids at his/her place?

QUESTION: Is it unreasonable for me to assume my kids would have their own clothes at their dad's place? He has been requesting that I send specific items with the…

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What is the average cost of divorce, when child custody is contested?

How much does it cost to divorce on average, with two kids and contested custody? On average? I’d say around $20,000, if the case is contested. But, as you will see…

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Am I disadvantaged in a child support case, if the other parent has a lawyer and I don’t?

What happens in child support cases when the custodial parent has an attorney but the non-custodial parent doesn’t? Does that mean they usually pay more because there isn't another attorney…

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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…

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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?…

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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…

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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…

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Child Custody and Where the Children Attend School

How is the school that a child will be attending decided if the parents are separated and live in two different school zones? Real-world, gritty answer that you may not…

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Who gets the house, if one of us had an affair?

After 1.5 years trying to reconcile after my wife's 5 year affair, we are ending our 20-year marriage. Despite two teenage kids and her being a stay-at-home mom, she had…

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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…

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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…

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