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…

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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…

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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.…

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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…

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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…

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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…

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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,…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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.…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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