Do I have to respond to discovery questions in a divorce?
Do I have to respond to discovery questions in a divorce? Yes, unless you can persuade the court that some or all of the discovery requests: violate the rules governing discovery, such…
Are all lawyers psychopaths? What is it like to be a divorce lawyer?
Are all lawyers psychopaths? No, although social science research repeatedly finds that law is one of the top professions to which psychopaths are drawn (it’s #1 or #2 on most…
Why is it difficult for a father to get child custody?
Why is it difficult for a father to get child custody? Because there is a pernicious and false belief in far too many of the courts (not, notably, in society…
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you…
If I can’t find an attorney, can it honestly be said I got a fair trial?
If I can’t find an attorney, can it honestly be said I got a fair trial? If a person seeks legal representation in a court, and every attorney they tries…
Why does someone need an attorney when they can just defend themselves in court?
Why does someone need an attorney when they can just defend themselves in court (pro se)? Why does someone need an attorney when they can just defend themselves in court?…
What are the Steps for Getting Divorced in Utah?
What are the Steps for Getting Divorced in Utah? To start the divorce process, you must begin by filing what is called a complaint or a petition for divorce with…
Are older lawyers better?
Are older lawyers better? If by “older” you mean lawyers who are not fresh out of law school, the answer is: almost always yes. They don’t teach you how to…
What is the best case law to cite about parental alienation?
What is the best case law to cite during a high conflict custody battle where parental alienation has been occurring? If you know of any, please let me know. My…
Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview?
Which Is Better: spending thousands on GAL/custody evaluator or $0 on a judge interview? How could it be better to spend thousands on a GAL or custody evaluator when the…
Does having the judge interview the children traumatize the children?
Does having the judge interview the children traumatize the children? This post is the second in series of 15 posts on the subject of custody evaluations and the appointment…
Would you tell someone that his/her spouse is cheating?
Would you tell someone that his/her spouse is cheating? First, I need to make clear that my answer is in my capacity as just a member of the public. If…
When a lawyer drops a client, is the reason shared with the judge and/or opposing counsel (i.e., the client refused to be reasonable, etc.)?
When a lawyer drops a client, is the reason shared with the judge and/or opposing counsel (i.e., the client refused to be reasonable, etc.)? In Utah, where I practice divorce…
Utah Divorce Case Timeline Summary
Utah Divorce Case Timeline Summary The greatest influence on how long a divorce case takes is usually how much and how severely the parties fight over the issues. The more…
Brown v. Brown – 2020 UT App 146 – marital vs. non-marital assets
2020 UT App 146 THE UTAH COURT OF APPEALS JERRY V. BROWN, Appellant, v. YVONNE A. BROWN, Appellee. Opinion No. 20190543 Filed October 29, 2020 Fourth District Court, Provo Department…
What to do before a divorce, if you’re not in the wrong
What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few…
Why do pro se litigants fail so often?
Why do pro se litigants fail so often? And if you’re wondering what a pro se litigant is, here’s the definition: someone who argues his/her own case in a lawsuit,…
What advice would you give me before divorce, if I’m not in the wrong?
What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few…
Give my spouse half my retirement in divorce, or just ride it out?
If I have to give my spouse half of my retirement after a divorce, should I still go forward or just ride it out? Great question, but not for the…
Bjarnson v. Bjarnson – 2020 UT App 141 – prospective increase in alimony based upon uncertain future event
2020 UT App 141 - THE UTAH COURT OF APPEALS HUGH LYNN BJARNSON, Appellant, v. JENNIFER LOU BJARNSON, Appellee. Opinion No. 20190734-CA Filed October 16, 2020 Fourth District Court, Provo…
Young v. Hagel – 2020 UT App 100 – Rule 73(c) appear or appoint counsel
2020 UT App 100 THE UTAH COURT OF APPEALS JOSHUA J. YOUNG, Appellee, v. MICHAELA M. HAGEL, Appellant. Opinion No. 20190661-CA Filed June 25, 2020 Second District Court, Farmington Department…
Jensen v. Canon – 2020 UT App – tort of fraudulent nondisclosure and willful intent to deceive
2020 UT App 124 THE UTAH COURT OF APPEALS JODI JENSEN, Appellant and Cross-appellee, v. GARY CANNON, Appellee and Cross-appellant. Opinion No. 20190433-CA Filed August 27, 2020 Third District Court,…
Some trade-offs are unavoidable
From Seth Godin: The magic of trade-offs If you make a laptop more powerful, the battery life will suffer and it will get heavier too. Trade-offs. If you make a…
Can I repair the relationship with an alienated family member after divorce?
When one’s former spouse alienated someone from their family, how can one repair the relationship with the family after the spouse is divorced? I am thankful for your question, and…
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 few…
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…