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…

Continue ReadingIs it possible to be a stay-at-home mom after a divorce?

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…

Continue ReadingShould I be nice to my spouse during a divorce?

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…

Continue ReadingMust I engage in all-day divorce mediation or some other time period?

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…

Continue Reading2020 UT App 21 – UTAH COURT OF APPEALS – common law marriage

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…

Continue ReadingHow does a narcissist continue to fool a family court judge?

What happens if you get caught lying in family court?

I’ve been a divorce and family law attorney for 23 years and gone back and forth over the years on my opinion of how the courts feel about and how…

Continue ReadingWhat happens if you get caught lying in family court?

Should all the kids stay with one parent after a divorce? Why or why not?

I am a divorce and family lawyer. I have been for 23 years. It is impossible to come up with a blanket policy for all children of all parents in…

Continue ReadingShould all the kids stay with one parent after a divorce? Why or why not?

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…

Continue Reading2019 UT App 207 – Peeples v. Peeples – modification of child custody

Is it OK to fill out divorce documents by hand in ink, or must they be typed?

It depends upon the court rules of the jurisdiction in which you would be filing your divorce documents are to be filed. In Utah, where I practice divorce and family…

Continue ReadingIs it OK to fill out divorce documents by hand in ink, or must they be typed?

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…

Continue ReadingIf your parents are divorced, what are the chances you will be?

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…

Continue ReadingWhat are you tired of explaining when it comes to lawyers?

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…

Continue ReadingAvoiding Hookup Dating Apps and Finding the Best Relationship Sites

Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The…

Continue ReadingBurggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

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…

Continue ReadingCan I protect marital assets from my spouse by “temporarily gifting” them?

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…

Continue ReadingCan you divorce your spouse even if your spouse does want a divorce?

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.…

Continue ReadingIs a factual position better to take in a divorce statement rather than an emotional or semi-emotional position?

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…

Continue ReadingHas anyone you know been framed for domestic violence?

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…

Continue ReadingCan you tell the judge to award no alimony if both parties agree and settle?

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…

Continue ReadingShould we put divorcing couples in an adversarial divorce court system?

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…

Continue ReadingCan I ask a lawyer, “Would you elaborate your legal fees?”?

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…

Continue ReadingIs it legal to record threatening callers? Are recordings admissible?

Is it illegal to video record people in your home without their knowledge?

Not absolutely, but it can be illegal to video record someone in your home without his/her knowledge. Here is the answer for my jurisdiction (Utah): Utah Code § 76-9-401. Definitions.…

Continue ReadingIs it illegal to video record people in your home without their knowledge?

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…

Continue ReadingOldroyd v. Oldroyd – 2019 UT App 155 – premarital property interest, unjust enrichment

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…

Continue ReadingWhat are some cases that restored your faith in the judiciary?

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…

Continue ReadingWhy doesn’t family law immediately use collaborative law practices to reach decisions?

What is the best comeback a judge has ever made in court?

I was in a divorce case in which the mother’s attorney was claiming that the father should have limited custodial and parent time with their children because, as the mother’s…

Continue ReadingWhat is the best comeback a judge has ever made in court?

What happens to a client’s files if the lawyer succumbs to death or illness?

What happens to a lawyer's past and ongoing client files if the lawyer succumbs to a sudden illness? Is the client entitled to the possession of it? In the jurisdiction…

Continue ReadingWhat happens to a client’s files if the lawyer succumbs to death or illness?

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…

Continue ReadingWhy is it common for the custodial parent to villainize the ex to their child?

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.…

Continue ReadingDo married lawyers ever fight each other in court?

How does it feel to file for divorce when your spouse doesn’t know it’s coming?

Assuming that your question implies that the ignorant spouse has no reason to believe that there is anything wrong with the marriage and thus no reason to fear the other…

Continue ReadingHow does it feel to file for divorce when your spouse doesn’t know it’s coming?