(See also Smith v. Robinson, Case No. 20160106, Filed July 05, 2018, 2018 UT 30, a companion case to this one) This opinion is subject to revision before final publication…
Being the best client helps ensure you have the best lawyer. In trying to express this in greater detail I came across this article from an Australian divorce lawyer that…
QUESTION: Is it unreasonable for me to assume my kids would have their own clothes at their dad's place? He has been requesting that I send specific items with the…
QUESTION: What can I file in court for custodial interference? Is it just a matter of filing a motion for order to show cause? Or is there more to it?…
“There are two ways to be fooled. One is to believe what isn't true; the other is to refuse to believe what is true.” ― Søren Kierkegaard “A great deal…
How much does it cost to divorce on average, with two kids and contested custody? On average? I’d say around $20,000, if the case is contested. But, as you will see…
The decision of whether to admit or exclude evidence in a hearing or trial belongs to your commissioner or judge. Even on appeal, the evidentiary decisions of the commissioner or…
What happens in child support cases when the custodial parent has an attorney but the non-custodial parent doesn’t? Does that mean they usually pay more because there isn't another attorney…
What are the legal repercussions of posting an email chain between myself and my daughter's custodial parent exposing her downright shady behavior? Many who “answered” your question didn’t read your…
What is Alimony? Alimony is a legal obligation imposed by court order upon one spouse in a separate maintenance action or divorce action to provide financial support for the other…
What is Alimony? Alimony is a legal obligation imposed by court order upon one spouse in a separate maintenance action or divorce action to provide financial support for the other…
Misconception #1 It’s bad, sure, but it can’t be that bad. THE TRUTH: It’s harder, more expensive, and takes longer than you imagine. Once you accept this, divorce will still…
What is the best website to obtain advice from a divorce lawyer in the USA? You have an embarrassment of riches available to you, if you’re looking for good legal…
Can a wife expect a property to be split between partners if she cheated on her partner in the US (assuming no contract has been signed)? Yes. People who are…
QUESTION: From a lawyer’s perspective, why do women get child custody almost 90% of the time? Is there really a bias? What factors come into play when deciding about it?…
Munoz-Madrid v. Carlos-Moran - 2018 UT App 95 THE UTAH COURT OF APPEALS PATRICIA MUNOZ-MADRID, Appellee, v. MARTIN ROBERTO CARLOS-MORAN, Appellant. Opinion No. 20161013-CA Filed May 24, 2018 Fourth District…
What is it like to have divorced parents as a child? Generally worse than having non-divorced parents. I do not state that to offend divorced parents. Most (not all) divorced…
After more than 20 years doing this work: - I know what you want; - I know what you believe you want; and - we both know what you truly…
You don’t want to incur the judge’s wrath, right? You want the court to think well of you. So your plan is not to make any waves. You won’t make…
Questions: If we go to mediation, can I hire an attorney after to review the documents from mediation before I sign anything? What if I hire an attorney before we…
"Done is better than perfect." This is good advice for divorce lawyers, but equally good advice for divorce clients (really, it is) sometimes. Excerpts from Perfect, by David M. Ward …
Mom is treating Dad so bad that I think a divorce is on the horizon. Nobody is supportive. What do I do as a son? Love and support your parents,…
This is from part of an e-mail that I received from Richard Jacobs. He helps attorneys with their marketing. I like much of Richard's approach because, like me, he doesn't…
How is the school that a child will be attending decided if the parents are separated and live in two different school zones? Real-world, gritty answer that you may not…
After 1.5 years trying to reconcile after my wife's 5 year affair, we are ending our 20-year marriage. Despite two teenage kids and her being a stay-at-home mom, she had…
What do you need from your lawyer when going through divorce? Before you hire an attorney, keep this in mind: unless the court finds that circumstances necessitate that a lawyer be…
QUESTION: I was looking into child support laws, I am confused about how involuntary vs. voluntary unemployment or under-employment affects the child support obligation. If a non-custodial parent wants to…
Wednesday, March 7, 2018 I recently saw this post on a child custody Facebook group: If [fathers] want to piss and moan, and whine online about injustice and not being…
Can I represent myself in child custody matters of my own children and win? What you really mean is, “Can I represent myself in child custody matters of my own…
Some people are hesitant, even scared, to talk to a divorce lawyer or a family lawyer. But being nervous or afraid of making a mistake is normal. And wise. Hiring…
Have you ever heard the phrases "Don't be dead right" and "Winning the battle and losing the war? It's obviously good advice. Advice you've probably given to others. When it…
Do Your Clients Feel Like Dollar Signs? by Lee Rosen https://roseninstitute.com/do-your-clients-feel-like-dollar-signs/ Tourists in India feel like dollar signs. Touts crowd around, shouting above the street noise, imploring tourists to buy…
If you've been following my blog on the subject of these attorney "honors" and "distinctions" and "certifications," then you know that they are a for-profit enterprise, which is why I…
What divorce does and does not do. What divorce does. There can be no divorce without a marriage. Well, not exactly.[i] Let’s put it this way instead: if you are…
I wasn't kidding when I told you the "rent a reputation" offers are a dime a dozen. Yesterday I posted this blog: https://www.divorceutah.com/2018/01/31/rent-a-reputation/. In a nutshell: if you think lawyer honors are…
Do you put any stock in those attorney rankings, honors, and badges when you shop for your attorney? Do you have any idea how easy it is to get those…
What is the best way to get the courts to follow the laws already on the books and the constitution for custody battles? To be frank, in my opinion there…
QUESTION: As a divorce lawyer, what is the most petty thing one of your clients had you do? ANSWER: Thanks for the question. The answer is: nothing. Legal whores do…
Cool as a Cucumber[1]: HOW TO TESTIFY SUCCESSFULLY AT YOUR DEPOSITION OR IN COURT IN A DOMESTIC RELATIONS CASE [1] This phrase (c. 1732) derives from ancient folk knowledge confirmed by…
Way too many mediators (whether of the collaborative stripe or other persuasion) insinuate that 1) divorce without mediation is doomed to anger and misery; and 2) merely engaging in mediation…
Question: What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time? What effect can this have…
5 Things Divorce Will Never Save You From Make sure you know what you're doing before you make a decision you can't undo. Are you feeling frustrated, unsatisfied, and even…
4 Reasons Divorce Makes Good People Act Like Total Jerks Don't let the it get the best of you! Why is it that people who seemed to be fairly rational…
QUESTION: Can I sue my child's mother for the child support that was deducted from my pay after our child started living with me, in my home? ANSWER: Utah Code…
Avoid the 6 Biggest Divorce Mistakes Divorce. It’s a word that certainly didn’t enter your mind on the day you said, “I do.” Never in a million years did you…
Guide to Reducing the Time and Costs of Divorce in Utah 1. If you are the victim of serious or escalating domestic violence, get help and get to safety first.…