In the USA, Should Divorce Without Cause Be Eliminated?
Should divorce without cause be eliminated? If it were, we would likely find ourselves back in the situation that led to the creation of no-fault divorce in the first place.…
Resource for Domestic Violence Survivors from Hello Divorce
HelloDivorce.com offers resources and support to people navigating divorce, including support for survivors of domestic abuse. This guest post is an in-depth guide on "What Domestic Abuse Victims Need to…
Does the Judicial System Favor Custody of Children to the Lady? What Is the Judge’s Decision Based Upon?
Generally, yes, although the gratuitous (and sexually discriminatory) practice of indulging a default preference for the mother has steadily weakened substantially over the last 40 years and counting. More and…
Do Family Courts Ever Verify the Information a Parent Offers in a Divorce Proceeding, Things Like Income, Housing, Bills, Savings, or Is It Dependent on the Other Parent to Object if the Information Is Fantasy Rather Than Reality Based?
Great question. Your question helped to clarify something I have started to notice more and more among many people who are not divorce and family law attorneys or experienced in…
Going Through a Divorce. She Moved Out. I Continued Mortgage Alone for a Year. I Move Out, She Moves in and Never Pays for 9 Months. I Pay to Get It Out. Does She Owe Me?
This is a great question. Thank you for asking it. It’s a question that arises frequently in divorce situations. And you’re likely not going to like the answer. It could…
How Can I Show the Court a Parent’s Previous Words and Deeds to Show He/She Is Lying?
What you are asking about is called “impeaching” the witness. There are many ways to impeach a witness. One way is to ask him or her questions to which the…
Divorce Is Often a “Cure” Worse Than the Disease
In response to this question, "Have you ever thought someone was making a mistake by getting a divorce?,” I stated (and I summarize here) some people need to divorce. It’s…
Can Divorce-Split Property Proceedings Be Done With Attorneys on a Contingency Pay Basis, Offering Lawyers a Part of the Estate to Pay for Court Costs?
I cannot answer this question as it applies in all jurisdictions because I am not licensed in all jurisdictions, but I can answer this question at that applies in the…
I Bought a House, Then Got Married. Me and My Partner Then Divorced. Can She Take the House? This Is in NY.
I am not licensed to practice law in the state of New York, but I will answer your question according to the law of the jurisdiction where I do practice…
2023 UT App 62 – Cox v. Cox – Adequacy of Court Findings
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…
Why Should Divorce Not Be Legalized?
There is no rationally or morally justified reason for making divorce illegal in any and all circumstances. That stated, most would agree that while it was instituted with the best…
What Can I Legally Do if My Child’s Mother Refuses to Use Car Seat When Traveling With Our Little Child?
What can I legally do if my child's mother picks up our child in an Uber without a car seat? She is 5 years old, about 50 lbs. She is…
Tithing Can Be a Legitimate Personal Expense in the Context of Determining the Alimony Award
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…
Have You Ever Regretted a Divorce as Opposed to a Permanent Separation Agreement?
Legal separation vs. divorce. Which is better? The answer is different for each person confronted with the choice. For some, separation is preferable to divorce. For others, just the opposite…
Has Anyone Relinquished Full Custody to Their Spouse to Avoid Putting Their Child Through the 50/50 Split?
I had a weird experience as a lawyer in a situation kind of like the one you’re asking about. The ex-spouse didn’t end up with sole custody of the children,…
How Do You Deal With Your Child’s Divorce?
As you would deal with any hardship through which your adult child may be going: with compassion and wisdom. Bear in mind from the outset that for some, divorce is…
How Do I Find Out if My Spouse Is Hiding Cryptocurrency in Our Divorce Action?
Many people going through a divorce wonder whether they should be worried about whether their spouses are hiding assets and wealth in the form of cryptocurrency. In Utah, earned income…
Nelson v. Nelson – 2023 UT App 38 – Claim Preclusion and Child Support
2023 UT App 38 THE UTAH COURT OF APPEALS STASHIA NELSON, Appellee, v. ISAAC SCOTT NELSON, Appellant. Opinion No. 20210345-CA Filed April 13, 2023 First District Court, Logan Department The…
How Will You Go About Settling Disagreements With Your Spouse That Affect the Child?
Answers to this question could take up an entire book (actually, it could take up many entire books, and it does—literally millions of pages have been written on this subject).…
In a Simple, Uncontested Divorce in Utah, Is It Required to Submit to the Court Any Financial Information or Documentation About either Party or Both Parties Even if No Alimony Is Awarded or if No Debt/Property Is Being Divided at All?
Good question. The answer depends upon whether there are minor children for whom child support is ordered. Specifically, if and when child support is ordered, Utah Code § 78B-12-203 provides,…
What Are the Reasons That a Request for a Temporary Order Be Denied in a Family Court Case?
There can be many reasons, but it should all comes down to one or more of these most basic reasons: The motion for temporary orders does not have valid grounds…
I Filed Exhibits Electronically. The Court Clerk Has Returned Them for Not Having Exhibit Stickers on Them. I Can’t Find a Store in My Area That Carries the Stickers. Would the PDF Exhibit Stickers Meet Court Requirements, or Should I Order Some?
When in doubt, ask the court clerk. If the clerk won’t answer your question or you don’t believe the clerk’s response is accurate (or honest), find the rule (if there…
What Does It Mean When Your Partner Hires an Attorney and Says He/She Is Going to Fight for Custody of the Children? How Likely Is It That They Will Get Sole Custody of the Kids?
Merely hiring an attorney does not give one an automatic advantage in a divorce and/or child custody case. It can, but it’s not guaranteed. Why? Because some attorneys are incompetent.…
How Many Children in the U.S. Experience Divorcing Parents? Does Anyone Have the Statistics?
About half. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/How-many-children-in-the-US-experience-divorcing-their-parents-Does-anyone-have-the-statistics/answer/Eric-Johnson-311
What Happens at a Trial Setting/Status Conference in Family Court?
Many things can happen in status conferences in family court proceedings. One kind of status conference is a conference held for the sake of setting the trial date or dates…
How Long Does a Divorce Take, From Start to Finish, in Utah?
Great question. Here is the best concise answer I can give you. Most divorce cases settle. Many divorce cases that do settle were settled badly. Some bad settlements are the…
What Is Your Argument for the Legalization of Divorce?
Divorce is a necessity in certain, narrow circumstances (or at least it should be). Recklessly divorcing is as “right” as is recklessly driving. It happens, but it’s wrong. Before no-fault…
Mower v. Mower – 2023 UT App 10 – Death of Spouse Before Court Rules
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
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…
U.S. Marriage and Divorce Statistics
My name is Stephanie from flingorlove.com and honestly, I usually wouldn't bother emailing about this, but I researched and gathered as much data and stats as I could about various divorce statistics…
Mintz v. Mintz – 2023 UT App 17
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 – Alimony Modification
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…
From Utah Business Magazine: Utah Has Highest Percentage of Marriages in Past 10 Years
From Utah Business Magazine: Utah has highest percentage of marriages in past 10 years https://www.utahbusiness.com/utah-has-highest-percentage-of-marriages-in-past-10-years/ Key findings (among many other interesting things): Utah, Idaho and Wyoming have the highest percentages…
The New Utah Code §§ 30-3-35 and 30-3-35.1 Holiday Parent-Time Schedules
From KSL.com: New Utah law brings confusion, contention for some divorced parents this holiday season https://www.ksl.com/article/50538686/new-utah-law-brings-confusion-contention-for-some-divorced-parents-this-holiday-season Utah Family Law, LC | divorceutah.com | 801-466-9277
Wellman v. Kawasaki – 2023 UT App 11 – Alimony
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…
Is It a Conflict of Interest and Is It Unethical if I Saw My Divorce Attorney Hug My Husband in Court?
Not likely. Black's Law Dictionary (11th ed. 2019) defines conflict of interest as: A real or seeming incompatibility between the interests of two of a lawyer's clients, such that the…
How Do You Prove Parental Alienation in a Child Custody Case?
Usually rarely and with great effort and difficulty. Why? I have written other responses to this question and questions like it, so my answer here will be more concise than…
How Do Custody Laws Work if the Child Is Eighteen, but in High School?
I can’t answer this question as it applies in all jurisdictions, but I can tell you what the law is and how it applies in the jurisdiction where I practice…
How Do You Fight Depression While Going Through a Divorce and Custody Battle With a Narcissist?
In my experience as a divorce and family lawyer, and one who has gone through crises of his own, I can tell you what some of the problems are, and…
Oldroyd v. Oldroyd – 2022 UT App 145 – Premarital Property
2022 UT App 145 THE UTAH COURT OF APPEALS ROBBEN ANN OLDROYD, Appellant, v. FARRELL LYNN OLDROYD, Appellee. Opinion No. 20210073-CA Filed December 22, 2022 Second District Court, Morgan Department…
Are Divorce Lawyers Ethically Supposed to at Least Attempt to Dissuade a Client From Divorcing?
Great question. Thank you for asking. The answer (at least for the jurisdiction where I practice divorce law (Utah)) is: no, a lawyer has no ethical obligation to dissuade a…
If Two People Become Divorced but Only One Makes the Money for the Whole House While the Other Does Not Work, Does the Person That Doesn’t Work Get Any Money in the Divorce?
Quite often, yes, but not necessarily in every divorce. In the jurisdiction where I practice divorce law, “[m]arital property is ordinarily all property acquired during marriage and it encompasses all…
After a Marital Breakup, Only One Parent Can Properly Raise the Children, With the Other Parent Entitled Merely to Visiting Rights, but Could There Be a Better Alternative?
You’ve picked a good topic of discussion, but your question is poorly phrased. Your claim that only one parent can properly raise children after a marital breakup is false. Not…
Why Do Americans Believe That Divorce Is Damaging to Children Compared to Remaining in a “Bad” Marriage?
Your question is not a good one because it’s based upon a false premise. Not all Americans believe that it’s better for all children for their parents to remain in…
My Parents May Be Getting Divorced, Any Tips? Is There Any Way to Make Their Lives and Divorce in General Easier?
Yes, there are several things that virtually every divorcing couple can and should do to make their lives and the divorce no more difficult and painful than necessary. I will…
How Do You Get a Divorce That Involves No Children and No Property or Money if You Haven’t Been Able to Find Your Spouse for Almost 10 Years, and Without Having to Hire a Lawyer?
You probably worry that hiring a lawyer will bankrupt you, and so you’re afraid to get the help a good divorce lawyer could be to you. Before you resolve not…
Kingston v. Kingston – 2022 UT 43 – Parental Rights, Due Process Rights
2022 UT 43 IN THE SUPREME COURT OF THE STATE OF UTAH RYAN CLYDE KINGSTON, Appellant, v. JESSICA BENNY KINGSTON, Appellee. No. 20200350 Heard April 11, 2022 Filed __ On…
What Are the Divorce Laws in Utah?
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…
Why Does He Want a Divorce Over Me Wanting Him Sober?
Could be many reasons, but it may be that he doesn't believe he can get sober (that he does not have the strength or will to overcome it) and does…
Should I file for a no-fault divorce or for an uncontested divorce?
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…
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