What happens if you are served divorce papers yet don’t sign them?
What happens if you are served divorce papers yet don’t sign them? I will answer this question as it applies in the jurisdiction where I practice divorce law (Utah): If…
How many back and forth claims and counterclaims are allowed in a child custody battle?
How many back and forth claims and counterclaims are allowed in a child custody battle? Here’s one way to count (I’ll use the jurisdiction where I practice divorce and family…
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…
Who files for divorce more? Men or Women? Why?
Who files for divorce more? Men or Women? Why? Women file more In the United State of America, although the percentages vary depending on the study, the research is unanimous 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…
How long does it take to get results for a psych evaluation in a divorce?
How long does it typically take to get results for a psych evaluation in a divorce? There are many variables; just to name a few: how easily the kind of…
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…
Will there be more divorces or more babies after the coronavirus is over?
Will there be more divorces or more babies after the coronavirus is over? Both. Why more babies will be born than normal. Whenever two people of the opposite sex are…
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 I get a restraining order against a person living in the same house?
Can one get a restraining order against a person living in the same house as me? Sure. There’s no requirement that the petitioner and respondent in a restraining order matter…
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…
2020 UT App 34 – Petrzelka v. Goodwin – alimony, income, retirement funds
2020 UT App 34 THE UTAH COURT OF APPEALS PEGGY PETRZELKA, Appellee, v. JAMES E. GOODWIN, Appellant. Opinion No. 20180923-CA Filed March 5, 2020 First District Court, Logan Department The…
What is a “temple divorce”?
Isn’t breaking the covenant of eternal marriage when a couple divorced after having being sealed in the temple for eternity? It happened to a few LDS couples. Do you go…
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…
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…
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…
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…
Do lawyers always like the clients they represent?
No. Some attorneys will represent anything that pays them, no matter how repulsive they are, some attorneys find themselves stuck with the occasional client they don’t like. Some attorneys claim…
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…
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…
Are irreconcilable differences the same as an at-fault divorce?
No. There are two kind of grounds for divorce: fault and no-fault. Irreconcilable differences are an example of no-fault grounds for divorce. Before no-fault divorce laws were passed (and every…
Are lawyers good at lying or attempting to deceive their clients?
Generally, yes. That does not, however, mean that just because a lawyer can deceive a client that he or she will deceive the client. Are there lawyers who deceive their clients? Yes. Do all…
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…
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