How can I talk to a lawyer when I don’t have money to pay for one?
How can I talk to a lawyer when I don't have money to pay for one? Most jurisdictions have resources for consulting an attorney, even receiving certain kinds of legal…
What if you don’t get divorced and just move away?
What if you don’t get divorced and just move away? The risks and dangers in just up and moving away from (abandoning) your spouse are manifold. Here are a couple…
Can I get a cost-free divorce if, say, my spouse is verbally and emotionally abusive?
Can I get a cost-free divorce if, say, my spouse is verbally and emotionally abusive? In a sense, yes, but not because of a finding that your spouse “verbally and…
Utah Courts “Divorce Education for Children” program is free of charge
The Utah Courts provide a "Divorce Education for Children" program that is free of charge for children 9-12 years of age whose parents are divorcing. More information about the program…
What should you know as a woman about divorcing?
What should you know as a woman about divorcing? Consider the source of this answer, as it comes from a married (not divorced), male divorce lawyer. To many reading this,…
What does it take to get the court to award custody to the father?
What does it take to get the court to award custody to the father? Either: A) a miracle or B) the mother has to be so clearly an unfit parent…
Can one spouse or the other avoid paying taxes on a joint tax?
Can one spouse or the other avoid paying taxes on a joint tax? Tax law does not require married couples to file joint income tax returns simply by virtue of…
Are prenuptial agreements used only to avoid divorce settlements?
Are prenuptial agreements used only to avoid divorce settlements? Prenuptial agreements are used primarily to avoid the expense, the misery, and the waste of time divorce actions can (and usually…
Why do people need legal advisors if all the laws can be found on the Internet?
Why do people need legal advisors (I'm not referring to litigators) if all the laws can be found on the Internet? Good question, and the answer is simple and clear:…
How do courts view mothers who abandon their family during a divorce?
How does the court view mothers that abandon their family during a divorce? Generally, with disbelief, at first. Why? A few reasons. One, to its credit, our culture still holds…
“It’s pretty awful, but do you have a better alternative?”
“It’s pretty awful, but do you have a better alternative?” I was asked the following question in response to this answer I gave to a question on Quora.com: https://www.quora.com/What-are-some-dirty-secrets-a-lawyer-wishes-they-could-tell-us-but-can-t/answer/Eric-Johnson-311 Here…
Home Heartbreak: People Divulge the Home Details of Their Divorce
Home Heartbreak: People Divulge the Home Details of Their Divorce (from Porch.com https://porch.com/resource/home-heartbreak) Life is full of transitions. We all remember moving out of our childhood home. For many of…
Spouse abused me emotionally, so I get more money in divorce now, right?
My spouse abused me emotionally, so I get more money in divorce now, right? Strongly believing or feeling that “I deserve” an unequal division of the marital estate does not…
Terrible Financial Thinking and Divorce
Terrible Financial Thinking and Divorce I recently came across a clickbait article filled with terrible thinking about the so-called financial “benefits” of divorce. Click here to read “7 Little-Known Financial…
Does the high U.S. divorce rate pose any problems to the economy?
Does the high U.S. divorce rate pose any problems to the economy? Divorce is unquestionably an economic detriment to individual family members and to the public at large. While the…
What are the dirty tricks your spouse can do to attack you during a divorce?
What are the dirty tricks your spouse and his/her lawyer can do to attack you during a divorce? Understand that while the tone of this answer to your question is…
Why do people in the United States get divorced so much? 40-50% sounds so extreme.
Why do people in the United States get divorced so much? A 40-50% divorce rate sounds so extreme. First, know up front that there are, of course, some people who…
How can I calm my nerves?
How can I calm my nerves? I hired an attorney to help with my child custody case against my BPD ex. I’m so scared of what he will do when…
I hired an attorney. I’m so scared how my ex will react.
How can I calm my nerves? I hired an attorney to help with my child custody case against my BPD ex. I’m so scared of what he will do when…
If we agree on our divorce terms, do we need attorneys?
If we agree on our divorce terms, do we need attorneys? In a less complicated divorce, where each party has already agreed to the split of assets, do they each…
Would a child deal better with constantly fighting or divorced parents?
"Do you think a child would deal better with constantly fighting parents or divorced parents?" I have been asked to answer this question, but as a divorce lawyer (not someone…
Why does a parent asking questions turn into a trial?
Why does a parent asking questions turn into a trial? A parent questioning a child often turns into “a trial” when either 1) the child questioned is guilty of wrongdoing…
Can I sell or trade in the family car while divorce proceedings are pending?
Can I sell or trade in the family car while divorce proceedings are pending? How would a spouse in process of divorce go about trading her van that is in…
Who initiates divorce more often? Husbands or wives?
Who initiates divorce more often? Husbands or wives? In the United State of America, although the percentages vary depending on the study, the research is unanimous in finding that wives initiate divorce more…
How much are the typical fees for a divorce?
How much are the typical fees for a divorce? According to lawyers.com, as reported June 18, 2019, the average cost of a divorce in my jurisdiction where I practice divorce…
Should I review the proposed settlement agreement with my own lawyer?
In a less complicated divorce, where each party has already agreed to the split of assets, do they each need to hire their own attorney, and why or why not?…
For divorced parents: why isn’t your custody award 50/50?
For divorced parents: why isn't your custody award 50/50? Concisely (and in no particular order): sometimes a parent’s job, physical or mental/emotional disabilities, misconduct (like domestic violence, child abuse, or…
Can a mother keeping the children from the father work against in custody litigation?
Can a mother not allowing the father to see his child without reason work against her in litigation for joint custody? Would the father having children from another relationship living…
Do Pro Se Divorce Parties Succeed?
Do Pro Se Divorce Parties Succeed? Do you know of anyone who decided to represent themselves pro se when the other party had an attorney in a family law case,…
If you haven’t seen “Erasing Family” and you’re going through a child custody dispute
If you haven’t seen "Erasing Family" and you’re going through a child custody dispute, you should. You really should. Because you really don't have any idea what you're in for.…
How can we change the court system in order to make divorces easier on the children?
How can we change the court system in order to make divorces easier on the children? In my opinion: Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce…
Have any tips for representing yourself in family court?
Have any tips for representing yourself in family court? Do you have a success story as a pro se litigant? First, my answer comes from the perspective of a divorce…
Do I have a chance in divorce court without a lawyer? Do I really need one?
A chance? Sure. You have a chance. And you have a chance of winning the lottery, just not a very good chance of it. You may not want to read…
Should we award custody to the parent who is a lower risk for COVID-19?
Should we award custody to the parent who is a lower risk for COVID-19? Is it reasonable to give custody to the parent who is a lower health risk to…
Why is it so common for parents to become outright enemies after divorce?
Why is it so common for parents to become outright enemies after a divorce? I have represented people in divorce who were pure as the driven snow, innocent as lambs,…
What’s the difference between legal custody and physical custody?
Here's a question many parents have: what is the legal definition of “joint legal custody” and “joint physical custody” in Utah when it comes to the custody of children? Is…
What does it feel like to separate two kids out of spite during a divorce?
Today's question: What does it feel like to separate two kids out of spite during a divorce? My answer: For decent parents who experience it because it occurs…
How can I turn arguments into negotiations and agreement?
How can I turn arguments into negotiations and agreement? If you could only read and apply one book on the subject, I would recommend “Start with No,” by Jim Camp.…
Is it advantageous to lie and sling mud at the other parent to win custody?
Today's question is: Is it advantageous for the father to file with the court a 2 page document of fabricated lies about mother in a child custody battle as part…
There’s No Situation That Can’t Be Made Worse by Calling the Police
There's No Situation That Can't Be Made Worse by Calling the Police By Brian Godfrey I was talking with someone about divorce and family law situations the other day and…
Why doesn’t marriage come with a guarantee?
Why doesn't marriage come with a guarantee? It does, in a manner of speaking, but they are guarantees that few are willing to honor or enforce. An example of a…
What are some reasons for offering pro bono legal services?
While I provide some pro bono assistance (but not exclusively), I don’t like providing most kinds of pro bono legal services. I know I’m not alone in feeling this way.…
Do the family courts in the U.S. tend to favor the mother over the father?
Do the family courts in the U.S. tend to favor the mother over the father? Generally, yes. The courts are slowly, but noticeably, becoming less biased in favor of mothers…
Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?
“Can my ex use the panic over Coronavirus/COVID-19 to withhold the kids from me?” “Will I still be free to pick my son up at the end of the week…
Have you ever thought someone was making a mistake by getting a divorce?
Many a time. I am a divorce lawyer, but I wouldn’t wish divorce upon anyone except those who need to divorce to escape abuse, cruelty and other truly unbearable circumstances,…
Is it possible to be a stay-at-home mom after a divorce?
Is it possible to be a stay-at-home mom to a young child after a divorce? Possible? Sure. Easy? No. Likely? No. What are the current options for being a stay-at-home…
Should I be nice to my spouse during a divorce?
That depends on what you mean by “nice”. Do you mean “with kindness”? Not necessarily kindness, but certainly decency. You are morally obligated to treat your spouse with decency, but…
Must I engage in all-day divorce mediation or some other time period?
Must I engage in all-day mediation in my divorce action, or for some other specific time period? No, there is no mandatory minimum period of time you must spend in…
2020 UT App 21 – UTAH COURT OF APPEALS – common law marriage
2020 UT App 21 - THE UTAH COURT OF APPEALS JULIE RIVET, Appellant, v. LOUIS HOPPIE, Appellee. Opinion No. 20181018-CA Filed February 13, 2020 First District Court, Logan Department The…
Is a divorce easier when you’re both poor?
Usually. When there's nothing worth fighting over then it makes sense to make a fair deal or just walk away, rather than throwing good money after bad fighting over things…
