Unless a court were to order that a parent was barred from traveling out of state or out of the country with the children on vacation, a joint legal and…
There are two kinds of child custody, not just one. Those two different kinds are legal custody and physical custody. Legal custody is the power of a parent to make…
Knight v. Knight - 2023 UT App 86 THE UTAH COURT OF APPEALS JARED M. KNIGHT, Appellee, v. REBECCA B. KNIGHT, Appellant. Opinion No. 20210080-CA Filed August 10, 2023 Third…
Because divorce is not about a spouse (man or woman) getting “half of everything”. Depending upon whether a state is a “community property” state or an “equitable distribution” state, here…
I have finished my first week as a legal assistant. In that time, I have been to a few court proceedings. Previous to taking this job as a legal assistant,…
2023 UT App 62 - Cox v. Cox THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District…
rprise that it usually takes much less time and effort to prepare for a proffer hearing than preparing for a full evidentiary hearing. In a proffer hearing the client won’t…
Whether my recollection is true or not, I remember being taught in law school that tithing and other regular charitable giving cannot be treated as a personal expense deduction in…
2023 UT App 10 THE UTAH COURT OF APPEALS LIDIA V. MOWER, Appellant, v. THOMAS W. MOWER, Appellee. Opinion No. 20210101-CA Filed January 20, 2023 Fourth District Court, American Fork…
Knowlton v. Knowlton - 2023 UT App 16 THE UTAH COURT OF APPEALS SHONDELL SWENSON KNOWLTON, Appellee, v. BRADLEY LEWIS KNOWLTON, Appellant. Opinion No. 20200483-CA Filed February 9, 2023 Second…
Mintz v. Mintz - 2023 UT App 17 THE UTAH COURT OF APPEALS RAYNA ELIZABETH MINTZ, Appellant and Cross-appellee, v. GLEN RYAN MINTZ, Appellee and Cross-appellant. Opinion No. 20200507-CA Filed…
Myers v. Myers 2023 UT App 20 2023 UT App 20 THE UTAH COURT OF APPEALS AMY R. MYERS, Appellee, v. JACOB W. MYERS, Appellant. Opinion No. 20220002-CA Filed March…
2023 UT App 11 THE UTAH COURT OF APPEALS DAVID WELLMAN, Appellee, v. KRISTIN KAWASAKI, Appellant. Opinion No. 20210265-CA Filed February 2, 2023 Fourth District Court, Provo Department The Honorable…
While visiting a lawyer’s website is not a bad place to look for answers to this question, it is not the best. If you want to know the divorce laws…
My spouse and I have no children together and own no property together. Should I file for a no-fault divorce or for an uncontested divorce? It's not a question of…
It means that the child custody order is a temporary, as opposed to a permanent and final, order of the court. Why would a court enter a temporary child custody…
How do I file a response in a divorce if missing the court’s address for filing invalidates the summons? Be very careful getting cute with procedural technicalities. If you were…
The divorce trial wasn’t all that newsworthy or memorable (celebrities divorcing is expected), it’s his defamation trial against his ex-wife that is newsworthy. Why? Although his defamation case is not…
Thanks for asking such a good question. The answer, as it applies in the jurisdiction where I practice divorce and family law (Utah), is found in Utah Rules of Civil…
Are Couples in which the husband didn’t have a full-time job had a chance of divorcing the following year, compared to couples in which the husband did have a full-time…
Teenager Child (16) refuses to see me after spending a month with my ex. I have 50% custody. What can I do about it? I'm a stricter parent unlike my…
Why is it so easy to get married, and so hard to get divorced? Shouldn’t it be the other way around? This is a perceptive question. It would not not…
If you get a divorce but everything is in your name, do you get to keep everything or do you have to split it? I will answer your question in…
If you find an attorney who knows a sure-fire, fail-safe way to defend an ex-spouse or an ex-boyfriend/ex-girlfriend against “false accusations,” that attorney is likely a multimillionaire because possessing such…
What will the court do if I do not pick up a letter my ex-husband sent that needs to be signed by me from the courts about his back court ordered alimony…
Is it easier to get a divorce if you and your spouse have no debts, no shared property, and no children? Typically, generally, usually, yes. In the overwhelming majority of…
What do you think would be the rate of divorce in marriages if psychologists were to be consulted in court by couples before proceeding to see the lawyer for divorce?…
Fox v. Fox 2022 UT App 88 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District…
Taking your question literally: Can? Yes. You can file a lawsuit for any “reason” or no reason at all. Crazy and/or malicious people file crazy/malicious/frivolous/unintelligible lawsuits all the time. Just…
Easiest way up front, but usually most foolish, most financially and psychologically expensive in the long term: give your spouse whatever he she wants/demands (while it is possible for your…
Is there anything that can surprise a judge during a contested divorce proceeding? Of course. We’ve all read about cases where all of the circumstantial evidence indicated the defendant is…
2022 UT App 83 THE UTAH COURT OF APPEALS JILL NIX, Appellee, v. ROLAND COMPTON NIX JR., Appellant. Opinion No. 20200691-CA Filed June 30, 2022 Fourth District Court, Provo Department…
It depends upon what you mean by “win financially.” Man divorcing people define this term differently, and the differences are extreme. Some people define "winning financially" as: coming away from…
Is the percentage of married people getting a divorce still about 50%, or is it now higher? It’s actually a bit less than 50% currently and for the past few years. This…
In the age of no-fault divorce, you don’t really need to have a good reason (or any reason at all) to get a divorce. So if your spouse is hiding…
What will the court do if I do not pick up a letter my ex husband sent that needs to be signed by me from the courts about his back…
Yes, there is no law (I know of in any jurisdiction of which I am aware, but check in your jurisdiction to be sure) against a divorced couple resuming a…
2022 UT App 54 THE UTAH COURT OF APPEALS REBECCA A. HORNE, Appellee, v. TODD D. HORNE, Appellant. Opinion No. 20200845-CA Filed April 28, 2022 Third District Court, Salt Lake…
By Quinton Lister, legal assistant I work for a divorce attorney, but I am not pro divorce. I understand that if there were no divorces I would be “out of…
Twitchell v. Twitchell - 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First…
Knowles v. Knowles - UT App 47 THE UTAH COURT OF APPEALS DUANE CROFT KNOWLES, Appellant, v. CELIA FERN KNOWLES, Appellee. Opinion No. 20200032 Filed April 7, 2022 Second District…
By Quinton Lister, legal assistant Last week I wrote a post about Arb-med and how it can benefit practitioners of law, particularly family law. In this post I will be…
By Quinton Lister, legal assistant I have mentioned in previous posts that I am interested in the field of alternative dispute resolution, or “ADR”. What is ADR? Its any means…
By Quinton Lister, legal assistant Planning is something that I have always aspired to do in my life but being a legal assistant has helped me realize that there is…
Because the work: requires a lot of knowledge of both the written (and unwritten*) rules that most people don’t have the time, interest, or ability to learn and apply correctly;…
There are many websites with lots of free information that is good. The problem is being able to tell the good content from the bad. This is why, whether you…
What advice would you give to someone who has just become one of the parties in a divorce proceeding? #1. Know this: divorce law and the divorce process are almost…
THE UTAH COURT OF APPEALS DEAN ERICKSON, Appellee, v. JANICE ERICKSON, Appellant. Opinion No. 20200193-CA Filed March 3, 2022 Third District Court, Salt Lake Department The Honorable Todd M. Shaughnessy…
There isn’t one. There can’t be. I’ll explain why and what you can and should do if you want to go the DIY divorce by the book route. The main…
Hinds v Hinds-Holm - 2022 UT App 13 THE UTAH COURT OF APPEALS BRADLEY HINDS, Appellee, v. RACHEL HINDS-HOLM, Appellant. Opinion No. 20200586-CA Filed January 27, 2022 Third District Court,…