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…
How does a narcissist continue to fool a family court judge?
How does a narcissist continue to fool a family court judge? How does a narcissist continue to fool a family court judge? Because there's almost never a way to prove…
How much does a collaborative divorce cost?
How much does a collaborative divorce cost? Too much, generally. Odds are that if you attempt to settle your divorce through what is called the “collaborative law” process your experience…
2019 UT App 207 – Peeples v. Peeples – modification of child custody
2019 UT App 207 - THE UTAH COURT OF APPEALS ADAM LEGRANDE PEEPLES, Appellee, v. ANNALEISE T. PEEPLES, Appellant. Opinion No. 20180713-CA Filed December 19, 2019 Third District Court, Salt…
Best way to handle a child custody dispute with a mentally ill ex?
After procuring an attorney for the matter, what is the best way to prepare for an upcoming child custody dispute with a PBPD ex? I am amazed at the number…
If your parents are divorced, what are the chances you will be?
Much, much higher than if your parents had not divorced. See Psychology Today February 5, 2019: “Research shows that children of divorce are more likely to experience a divorce themselves. The statistics…
As a lawyer, have you ever kept a case going just to make more money (churning)?
As a lawyer, have you ever kept a case going just to make more money? No, but there are certainly plenty of lawyers who do such a thing. Client beware.…
What are you tired of explaining when it comes to lawyers?
Nothing. When I am tempted to feel irritated over the questions people ask about lawyers and legal matters, I remember that the questions--though recurring--aren’t being asked by the same person…
Avoiding Hookup Dating Apps and Finding the Best Relationship Sites
For those contemplating post-divorce dating, today's post is for you. It's a guest post from Consumers Advocate. They put together a case study of online dating industry and prepared this…
Is it normal for your attorney to ignore your calls or answer your questions?
Is it normal for attorneys of a law firm who have taken on your case to never return your calls regarding any questions, concerns, or updates that you have regarding…
Can I protect marital assets from my spouse by “temporarily gifting” them?
Can I protect marital assets from my spouse by “temporarily gifting” assets to somebody else until after the divorce is final? Can you? Like is it doable? Sure, you can do it. And many…
Can you divorce your spouse even if your spouse does want a divorce?
Yes. This is what is known as “no fault divorce”. Every state in the U.S. has no fault divorce laws. Many people believe that “no fault” divorce means that one…
Is a factual position better to take in a divorce statement rather than an emotional or semi-emotional position?
Yes. But you already knew that. And I thank you for the question anyway--really, I do--because even though we all know this we all need to be reminded of it.…
Has anyone you know been framed for domestic violence?
I’m a divorce and family lawyer, and so the crimes I see people framed for or manipulated into “committing” are domestic violence types. It’s frighteningly easy to do. Before I…
Can you tell the judge to award no alimony if both parties agree and settle?
Well, you can’t dictate to your judge as to what your judge will do, but if you and your spouse agree that no alimony will be awarded and then tell…
Should we put divorcing couples in an adversarial divorce court system?
People who are getting divorced fall into one of two categories: those who want to divorce while doing each other as little harm as possible; and those who don’t care…
Can I ask a lawyer, “Would you elaborate your legal fees?”?
Of course you can ask the attorney to explain the basis for his/her legal fees and services pricing. Any attorney worth his/her salt and who has the requisite amount of…
Is it common for lawyers to rarely contact clients about the case?
Yes, it is common with many attorneys, but it shouldn't be. While it is true that in many cases there may not be regularly occurring developments or changes that your…
Can you fire your divorce lawyer? Yes!
Fire your lawyer? What can you do if you think your lawyer is doing a bad job representing you? Can you fire your lawyer? Your question is really two questions,…
Can you describe divorce in 3 words?
Costlier than anticipated. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Can-you-describe-divorce-in-3-words/answer/Eric-Johnson-311
Is it legal to record threatening callers? Are recordings admissible?
You question has two parts. Part 1: can you legally record phone calls (or an in-person conversation)? ANSWER: It depends on the jurisdiction. Some states won’t allow you to record…
Oldroyd v. Oldroyd – 2019 UT App 155 – premarital property interest, unjust enrichment
Oldroyd v. Oldroyd - 2019 UT App 155 - THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20180257-CA Filed September 26, 2019…
Does anyone secretly want a divorce?
Of course. Tens of thousands. Many of such people do not go through with divorce for various reasons. Some include: Fear of retaliation (whether in the form of physical, emotional,…
What are some cases that restored your faith in the judiciary?
There are not enough well-conducted and well-decided cases to restore my overall lack of faith in the legal system generally. To be sure, there are very good judges and others…
Why doesn’t family law immediately use collaborative law practices to reach decisions?
Because 1) paradoxically, those for whom the true collaborative law process would work best are those who really don’t need collaborative law; and 2) “collaborative law” as it is practiced (as opposed to how…
Does an ongoing divorce make one a lame duck at work?
I believe what you mean to ask is, “Does an ongoing Divorce make you unable to focus and be productive at work?” The answer to that question is: for most…
Why is it common for the custodial parent to villainize the ex to their child?
I don’t know if it is common for one parent in a divorce (custodial or non-custodial) to villainize their ex to the child, but we know it happens frequently and…
Do married lawyers ever fight each other in court?
Do married lawyers ever fight each other in court? Do you mean to ask whether married lawyers sue each other in court? If that’s your question, the answer is: rarely.…
Should I research an attorney before hiring, even if a family member recommends him?
Is it prudent to research an attorney before hiring him or her even when a family member recommends them? Yes, yes, yes, yes, yes. Yes! While it is certainly comforting…
Martin v. Kristensen – 2019 UT App 127 – divorce and unlawful detainer
Martin v. Kristensen - 2019 UT App 127 THE UTAH COURT OF APPEALS YVONNE MARTIN, Appellant, v. PETTER KRISTENSEN AND FRANK O. KRISTENSEN, Appellees. Opinion No. 20160265-CA Filed July 26,…
Do some lawyers earn their reputation as unscrupulous people?
Yes. I am a lawyer. The first lawyer in my family. If I had known, before I became a lawyer, what terrible people so many lawyers are, I’m not sure…
Do you want to know your judge and/or commissioner? View their bench books.
You’ve filed for divorce or had a divorce case filed against you. For most people, this is their first contact with the legal system. This is new and unknown, and…
How did your parents’ divorce when you were a child affect your adult life?
My parents did not divorce, but I base my answer to this question on the experiences of my clients, whether it be how their own children reacted to their divorce…
Should there be a mandatory “cool-off” period before you file for divorce?
Should married couples have a mandatory cooling-off period before they can file for divorce? And if so how long should the cooling off period be? Society desperately needs to reverse…
Pulham v. Kirsling – 2018 UT App 65 – custody, parent-time, child support
Pulham v. Kirsling - 2018 UT App 65 THE UTAH COURT OF APPEALS KRISTEN PULHAM, Appellee, v. WILLIAM KIRSLING, Appellant. Opinion Nos. 20150577-CA and 20160236-CA Filed April 12, 2018 Third…
What do most TV shows and movies get wrong about the legal profession?
I’m amazed at the number of people who believe, from what fictitious TV lawyers “accomplish,” that if the lawyers just try hard enough, do enough research, pound the pavement tenaciously,…
Janson v. Janson – 2019 UT App 106 – setting aside settlement agreement
2019 UT App 106 - Janson v. Janson - setting aside stipulation THE UTAH COURT OF APPEALS DEIDRE SUE JANSON, Appellant, v. JEFFREY ALAN JANSON, Appellee. Opinion No. 20170541-CA Filed…