Home Heartbreak: People Divulge the Home Details of Their Divorce (from Porch.com https://porch.com/resource/home-heartbreak) Life is full of transitions. We all remember moving out of our childhood home. For many of…
What is a motion to bifurcate a divorce in Utah, and why should I care to know? By Brian N. Godfrey, Legal Assistant A motion to bifurcate to dissolve your…
My spouse abused me emotionally, so I get more money in divorce now, right? Strongly believing or feeling that “I deserve” an unequal division of the marital estate does not…
Terrible Financial Thinking and Divorce I recently came across a clickbait article filled with terrible thinking about the so-called financial “benefits” of divorce. Click here to read “7 Little-Known Financial…
Does the high U.S. divorce rate pose any problems to the economy? Divorce is unquestionably an economic detriment to individual family members and to the public at large. While the…
What are the dirty tricks your spouse and his/her lawyer can do to attack you during a divorce? Understand that while the tone of this answer to your question is…
Do lawyers write down their arguments in full, or just have brief notes? It depends upon the lawyer. And there are lawyers who use either or both methods to present…
New developments in Utah case law governing the termination of alimony with the case of Scott v. Scott. In this case, the ex-husband moved to terminate alimony and won. The…
Is there a way to find an attorney's win-loss record? A way to find out the percentage of cases won by an attorney? Yes, but . . . Yes, but…
Is it unreasonable to refuse to buy a home in the same town or city that an ex-spouse lives in even though it is an affordable location? Not if residing…
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…
What do real lawyers think about the principles in the TV show Suits? As in all walks of life, there are those who are scrupulously honest and decent, and there…
https://www.utcourts.gov/opinions/supopin/State%20v.%20Norton20200713_20180514_46.pdf This opinion is subject to revision before final publication in the Pacific Reporter 2020 UT 46 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, Respondent,…
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? Here’s one way to count (I’ll use the jurisdiction where I practice divorce and family…
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? In a less complicated divorce, where each party has already agreed to the split of assets, do they each…
"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? 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? 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? According to lawyers.com, as reported June 18, 2019, the average cost of a divorce in my jurisdiction where I practice divorce…
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? 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 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 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, 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…