What does it mean when a hearing is conducted “by proffer”?
“Proffer” means an offering of proof. So in a proffer hearing, an attorney will merely tell the court what the evidence would show, instead of actually presenting the evidence to…
Can a Utah court exercise jurisdiction over my divorce, even if I don’t live in Utah?
Yes, under certain circumstances. If you are a non-resident and Utah can still exercise jurisdiction over your case, this is referred to as “long-arm jurisdiction”. The statute which submits non-resident…
Why are there no penalties for false allegations in divorce and custody issues?
Why are there no penalties for false allegations in divorce and custody issues? First, there are penalties meted out; in my opinion few (far too few) in law enforcement, child…
What do I need to do before filing for divorce? (a useful checklist, with explanations)
What do I need to do before filing for divorce? When deciding if you are going to file for divorce, there are some things you need to know, and many…
Do I have to pay witnesses to testify at my divorce trial?
If a witness won’t come to trial and testify for you voluntarily, then yes, you need to pay your witnesses. Expert witnesses set their own expert witness testimony fees. Some…
Erickson v. Erickson-2018 UT App 184-modifying child custody/parent-time-discovery-expert witness-child testimony-attorney fees
Erickson v. Erickson - 2018 UT App 184 THE UTAH COURT OF APPEALS KIT RICHARD ERICKSON, Appellant, v. SHANDI ERICKSON, Appellee. Opinion No. 20170100-CA Filed September 27, 2018 Third District…
Why do divorces take so long to finish?
Here are the reasons, as I see them, why too many divorce cases cost so much and take so long to finish (in no particular order): 1. Some divorce lawyers…
What do divorce lawyers know about relationships that most people don’t know?
What do divorce lawyers know about relationships that most people don't know? People are generally far more dishonest in divorce than they let on. People who believe themselves to be…
How can I prevent a divorce, if I am mentally unfit to go through it?
How can I refuse to divorce my wife now, as I just lost my sister, and my wife told me just before my sister died, that I will never see…
Hahn v. Hahn – 2018 UT App 135 – custody, jury trial, constitutionality
This opinion is subject to revision before final publication in the Pacific Reporter Hahn v. Hahn - 2018 UT App 135 IN THE UTAH COURT OF APPEALS RANDY R. HAHN,…
How Do I Get My Ex Prosecuted for Custodial Inteference?
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?…
What is the average cost of divorce, when child custody is contested?
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…
Evidence: What will the court admit, and why (relevance vs. materiality)?
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 Is Alimony, and How Does It Work in Utah?
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 and How Does It Work in Utah?
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…
Proposed Amendments to the Utah Rules of Civil Procedure – Comment Period Closes July 19, 2018
Amendments to the Utah Rules of Civil Procedure have been proposed. The comment period closes July 19, 2018. If you want to comment, you can. Just click here: https://www.utcourts.gov/.../rules-of-civil-procedure.../ Rules of…
Divorce Costs: what’s the average cost, when child custody is contested?
How much does it cost to divorce on average, with two kids and contested custody? On average? I’d say around $20,000. But, as you will see if you read and watch…
Why are women generally awarded child custody more often than men?
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 – alimony
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…
A Spouse’s Questions about the Divorce Mediation Process
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…
In obtaining a divorce, are both parties served?
In obtaining a divorce, are both parties served? Yes, but not in the way you may mean. What usually happens is that one spouse files for divorce in the court…
Gerwe v. Gerwe (2018 UT App 75) setting aside postnuptial agreement
Gerwe v. Gerwe - 2018 UT App 75 - THE UTAH COURT OF APPEALS SHANNON OLIVIA GERWE, Appellee, v. BRIAN SCOTT GERWE, Appellant. Opinion No. 20160117-CA Filed April 26, 2018 Second District…
Who gets the house, if one of us had an affair?
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…
Can I serve my spouse with divorce papers in person and have them notarized?
Can I serve my spouse with divorce papers in person and have them notarized? In Utah, no. But here is how (see Utah Rules of Civil Procedure, Rule 4(d)) you…
Can the divorce go through if you have not been served divorce papers?
Question: Can the divorce go through if you have not been served divorce papers? Answer: No divorce action can be decided and a judgment entered unless the defendant or respondent…
Sandusky v. Sandusky – 2018 UT App 34 (23-Feb-2018) – bifurcation, separation agreement, court discretion
2018 UT App 34 THE UTAH COURT OF APPEALS KYLEE J. SANDUSKY, Appellee, GEORGE A. SANDUSKY, Appellant. Opinion No. 20160131-CA Filed February 23, 2018 Third District Court, Silver Summit Department…
Hesitant to talk to a lawyer? That’s normal. And wise.
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…
Paulsen v. Paulsen (2018 UT App 19) – alimony modification
2018 UT App 19 THE UTAH COURT OF APPEALS LYNESSA MICHELLE ANDERSON, Appellee, LOREN PRICE ANDERSON, Appellant. Opinion No. 20160507-CA Filed February 1, 2018 Fourth District Court, Provo Department The…
Paulsen v. Paulsen (2018 UT App 22 ) – modification of alimony
2018 UT App 22 THE UTAH COURT OF APPEALS HOLLY PAULSEN, Appellee, KEITH PAULSEN, Appellant. Opinion No. 20151014-CA Filed February 1, 2018 Second District Court, Farmington Department The Honorable Robert…
What divorce does and does not do
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…
My bank account was subpeonaed. Will the bank share business account transactions or only personal account?
My bank account was subpeonaed. Will the bank share business account transactions or only personal account? In Utah, where I practice law, here’s how the bank will respond to the…
What is the best way to get the courts to follow the laws already on books and the constitution for custody battles?
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…
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…