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? 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? Do you have a success story as a pro se litigant? First, my answer comes from the perspective of a divorce…
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 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? 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 a divorce? I have represented people in divorce who were pure as the driven snow, innocent as lambs,…
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…
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? If you could only read and apply one book on the subject, I would recommend “Start with No,” by Jim Camp.…
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? 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 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? It does, in a manner of speaking, but they are guarantees that few are willing to honor or enforce. An example of a…
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? Generally, yes. The courts are slowly, but noticeably, becoming less biased in favor of mothers…
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?” “Will I still be free to pick my son up at the end of the week…
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…
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 to a young child after a divorce? Possible? Sure. Easy? No. Likely? No. What are the current options for being a stay-at-home…
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 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 - 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…
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? Because there's almost never a way to prove…
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? Too much, generally. Odds are that if you attempt to settle your divorce through what is called the “collaborative law” process your experience…
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…
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 - 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…
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…
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…
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…
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…
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? No, but there are certainly plenty of lawyers who do such a thing. Client beware.…
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…
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 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…
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…
Yes, kindness is perceived as weakness among lawyers in many ways. And there are circumstances where kindness (or what may be thought of as kindness) would be an inappropriate response…
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…
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…
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.…
While it is true that some lawyers write up needlessly long divorce documents just to pad their bills, even the most efficient and honest lawyers often find themselves having to…
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…
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…
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…
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…