As a divorce lawyer, what is the most petty thing one of your clients had you do?
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: How to Testify Successfully at Your Deposition or in Court in a Domestic Relations Case
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…
Look, I know you want to believe mediation is the magic pill for divorce but you’re missing a crucial point
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…
K.P.S. v. E.J.P. – 2018 UT App 5 – Utah Court of Appeals – January 5, 2018
2018 UT App 5 THE UTAH COURT OF APPEALS K.P.S., Appellee, v. E.J.P., Appellant. Opinion No. 20160164-CA Filed January 5, 2018 Third District Court, Salt Lake Department The Honorable Paul…
What if two divorced parents have joint legal custody, but one parent has physical custody of the children more than 50% of the time?
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…
Can I sue for the child support I paid after our child started living with me?
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…
Why get a divorce lawyer who thinks and acts like a judge, not like a spouse, and not like a hired gun?
Why get a divorce lawyer who thinks and acts like a judge, not like a spouse, and not like a hired gun? The best divorce lawyer is not someone who…
How can I call my 10-year-old as a witness to say where she would like to live?
QUESTION: How can I call my 10-year-old as a witness in family court to say where she would like to live, and why? ANSWER: First, you may want to re-think your…
Why do Utah divorce courts rarely award attorney fees to the prevailing party?
Why do Utah divorce courts so rarely award attorney's fees to the prevailing party? Such a great question, and one that I have to answer with every case, every client.…
What if my spouse won’t complete the divorce orientation and education courses?
What if my spouse will not complete the divorce orientation and education courses for parents? Can the judge still grant the divorce? Yes. You can file a motion notifying the…
Can a Child Be Held in Contempt of Court for Non-compliance with Child Custody and Parent-time Orders?
A minor child of divorced parents need not be a party to the divorce action to be subject to the court’s contempt power. See Crank v. Utah Judicial Council, 20…
How long is too long for a court to take a family law case under advisement?
In Utah, where I practice, the period of time that a judge has to render a decision on a matter that is submitted for final determination is provided in Utah…
Are Settlement Negotiations in a Divorce Case Admissible Evidence?
Is there a legal remedy where an ex-husband and wife in the middle of a custody battle can speak freely and off the record through their lawyers without fear of…
What is the function of bailiff in court?
What is the function of bailiff in court? In Utah, where I practice, they are officers of the county sheriff or city police department who are in the courtroom to…
Do you think current divorce laws are biased against men?
Do you think the current divorce laws are biased against men? In my experienced opinion, yes (and I speak as one who represents both women and men in divorce where…
Defending Yourself Against a Protective Order
My friend is a good man. His wife is crazy. She put a protection order against him, to help manipulate the court proceedings. What should he do? Defend himself with…
Vesey v. Nelson – 2017 UT App 77 – reimbursement for daycare expenses – timely request – laches – Utah Code § 78B-12-214(2) and (3)
2017 UT App 77 - THE UTAH COURT OF APPEALS ANDREW VEYSEY, Appellee, v. ALEXIS NELSON, Appellant. Opinion No. 20150609-CA Filed May 4, 2017 Third District Court, Salt Lake Department The Honorable…
How can I serve my spouse with my complaint for divorce if I can’t find my spouse’s address?
How can I file for divorce if I can't find my spouse's address? In Utah, if you can persuade the court with which you have filed your law suit that…
How can I speak freely and off the record with my spouse without what’s I say being used against me?
QUESTION: Is there a legal remedy where an ex-husband and wife in the middle of a custody battle can speak freely and off the record through their lawyers without fear…
Vanderzon v. Vanderzon – 2017 UT App 150 – August 17, 2017 – custody on relocation, alimony, and attorney fees
Vanderzon v. Vanderzon - 2017 UT App 150 - August 17, 2017 THE UTAH COURT OF APPEALS HEIDI KIRSTEN VANDERZON, Appellant, v. JOHN MATTHIAS VANDERZON, Appellee. Opinion No. 20140946-CA Filed…
DeAvila v. DeAvila, 2017 UT App 146 (August 10, 2017) – what is marital property? – how is marital property valued?
DeAvila v. DeAvila, 2017 UT App 146 (August 10, 2017) ----------------------------------------- THE UTAH COURT OF APPEALS CRISTY DEAVILA, Appellant, v. PERICLES DEAVILA, Appellee. ----------------------------------------- Opinion No. 20160024-CA Filed August 10,…
Is there a way to stop ORS from taking child support directly out of my pay checks?
QUESTION: Is there a way to stop ORS from taking child support directly out of my pay checks? For the first 10 years of my husband’s divorce decree, he and…
Rule v. Rule – 2017 UT App 137 (August 3, 2017) – alimony – standard of living
Rule v. Rule - 2017 UT App 137 (August 3, 2017) – alimony – standard of living THE UTAH COURT OF APPEALS GEOFFREY S. RULE, Appellee, v. RICHELLE RULE, Appellant.…
White v. White – 2017 UT App 140 (August 3, 2017) – division of marital assets – homestead exemption – proper service
White v. White - 2017 UT App 140 (August 3, 2017) - division of marital assets - homestead exemption - proper service THE UTAH COURT OF APPEALS DEAN WHITE, Appellant,…
MacDonald v. MacDonald, 2017 UT App 136 (August 3, 2017) – modification of alimony – unforeseeable circumstances
MacDonald v. MacDonald, 2017 UT App 136 (August 3, 2017) THE UTAH COURT OF APPEALS KIRKPATRICK MACDONALD, Appellant, v. LEE ANNE MACDONALD, Appellee. Opinion No. 20150785-CA Filed August 3, 2017…
Christensen v. Christensen – 2017 UT App 120 – July 20, 2017
Christensen v. Christensen - 2017 UT App 120 - July 20, 2017 THE UTAH COURT OF APPEALS ELENA KAY CHRISTENSEN, Appellee, v. BRENT CHRISTENSEN, Appellant. Opinion No. 20150994-CA Filed July…
How do I stay calm during my divorce deposition when my ex has told extreme lies about me?
QUESTION: How do I stay calm during my divorce deposition when my ex has told extreme lies about me? My ex gave his depo first. He said things that made…
Can my ex force me not to pay for my child’s college tuition, even though I can afford to pay it in full?
Can my ex force me not to pay for my child's college tuition, even though I can afford to pay it in full? My ex and I have a growing…
What happens if someone doesn’t answer their discovery questions in a child custody battle?
What happens if someone doesn't answer their discovery questions in a child custody battle? What CAN happen (in Utah, where I practice family law): (See Rule 37—particularly Rule 37(b)—of the…
Fit parents and their children deserve joint custody
As a matter of basic human rights and human nature, unless they are unfit then divorced and separated parents and their children deserve joint custody. "[A] parent's right to the…
What are my chances of getting 50/50 custody of my child in court, if the other parent refuses to give me more time?
What are my chances of getting 50/50 custody of my child in court, if the other parent refuses to give me more time? If I'm an air traffic controller and…
Am I allowed to ask for my social workers’ qualifications or expertise?
Am I allowed to ask for my social workers’ qualifications or expertise? In the State of Utah, absolutely. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Am-I-allowed-to-ask-for-my-social-workers-qualifications-or-expertise
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