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…
See Clearly to Succeed in Divorce
Click here to see what a flower looks like to a human eye and to see what the same flower looks like to a honeybee’s eyes. How you perceive the…
Are That there is a Bias Against Men/Fathers in Child Custody Disputes Just Whining?
Are claims that there is a bias against men/fathers in child custody disputes just whining? No. Such claims are true and while the problem is slowly abating, it still needs…
Is 50/50 custody likely when the parents live in the same neighborhood?
What is the likelihood of reverting to 50/50 custody when the parents live in the same neighborhood? Mom still cares for the child over 80% Your question states in part,…
What are your thoughts on a second marriage?
My answer comes from the perspective of a divorce lawyer who’s been in practice for 26 years. Note that I believe in marriage. Although I am a divorce lawyer myself,…
Who do you pick between a present father and an absentee mother?
Who do you pick, your father who has been there your whole life or your mother who was never there until now and wants custody of you? Assuming that 1)…
What advice would you give to someone who has just started a divorce?
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…
Do I have to pay the court to go to trial?
Do I have to pay the court to go to trial? I am a divorce and family lawyer. I was asked this question and was a little surprised that this…
How do you get pet custody after a breakup?
I cannot speak on what the law is in every jurisdiction, but according to Utah (Utah is where I practice divorce and family law), the answers are: If by “breakup”…
If your life partner has a low IQ, is divorce an option?
Yes, but not for the reason you may think. In the age of no-fault divorce, you don’t really need to persuade the court to grant you a divorce. Divorce is…
What are some ways to make the divorce rate drop?
First, some marriages need to end in divorce. That is why divorce exists. But divorce is not always the answer when one or both spouses is/are miserable. Far too many…
If a father is working full time and is expecting to get 50/50 custody, how does he arrange for the kids when he is at work from 9-5 p.m.?
If a father in this position can’t figure this out on his own, he’s probably not in a position to be entrusted with exercising 50/50 custody. If a father wants…
What’s the best divorce advice?
If you did everything you could to ensure that your marriage got off to the best start possible, but divorce has reared its ugly head through no fault of your…
Which is more difficult for children: parents getting a divorce or parents getting an annulment?
Both result in Mom and Dad no longer living together with their children. Divorce ends a marriage, and annulment results in a legal and religious ruling that the marriage does…
Is it common for someone to choose to end a 10+ year marriage then secretly create conflict to trick kids into saying, “yes” to “should we leave”?
Common? No. Not all that unusual? Yes. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Is-it-common-for-someone-to-choose-to-end-a-10-year-marriage-then-secretly-create-conflict-to-trick-kids-into-saying-yes-to-should-we-leave/answer/Eric-Johnson-311
Which last name should I use on my divorce documents?
The name by which you are known officially and legally. Not a name you’ve “adopted” informally (even if no one knows you by your legal given name) but what is…
Do family courts favor mothers?
While there are some judges, perhaps even some jurisdictions, that are outliers, the answer to your question is: generally yes, no question about it. While the preference for and…
What is the most gruesome divorce you’ve encountered?
Fortunately, I’ve been spared gruesome divorce matters. I had a client commit suicide, though I did not witness it myself. The parents called and notified me. Utah Family Law, LC…
Is it normal for a couple to continue living together after divorce?
No, it is not. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Is-it-normal-for-a-couple-to-continue-living-together-after-divorce/answer/Eric-Johnson-311
Which last name should I use on my divorce documents?
The name by which you are known officially and legally. Not a name you’ve “adopted” informally (even if no one knows you by your legal given name) but what is…
Does the statute that enables a spouse to not testify against their spouse carry over into divorce if the alleged crime took place during the marriage?
I don’t know the rules as they apply in different jurisdictions, but I can tell you what the rule is in Utah, where I practice divorce and family law. In…
When it comes to divorce and family law firms, never hire on faith and hope
Do your research with due diligence. Interview a lot of different firms and attorneys (I’m talking 5 to 10, not just 2 or 3—you’ll never get a feel for the…
What can I do if my ex won’t stop taking me to court?!
My ex has been taking me to court for over 4 years to get my joint custody taken away. Her father worked for the courts for 25 years so she…
Why are so many attorneys seemingly against legal separation?
Why are so many attorneys seemingly against legal separation? I truly feel in my circumstance its best for me/us. Is it because they wont make as much money? We have…
How do you change the name on a deed after a divorce?
In Utah (where I practice divorce and family law), there is more than one way to transfer title to the marital home (assuming the parties own a home), but the…
What does temporary custody without prejudice mean?
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 the summons is invalid?
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…
Can being a noncustodial parent improve the child-parent relationship?
Can being a noncustodial parent improve the child’s relationship with the noncustodial parent? Recently, a reader on Quora, where I comment regularly, commented on a post of mine with this: …
How long do you pay alimony in Utah?
The law governing the duration of alimony is pretty simple and straightforward: See Utah Code § 30-3-5, subsections (1)(c) and (11)(e): (1) As used in this section: ***** (c) "Length…
Is the Johnny Depp divorce trial actually newsworthy?
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…
Do you have any experience on how to challenge a void judgment in a family court?
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…
Many unhappy couples rush into divorce, but is it a wise course?
Clearly, acting in haste is risky behavior in any situation. Deciding to divorce is no exception. Rushing into divorce could result in an unnecessary divorce. Rushing into divorce could show…
Are you going through a child custody dispute in court, or contemplating one?
Are you going through a child custody dispute in court, or contemplating one? If so, have you heard about a custody evaluation? if not, you'll want to pay particularly close…
How does employment effect finances in divorce?
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…
Child refuses to exercise shared custody with the stricter parent
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 do people not complain about people who shouldn’t marry?
Why do people complain about the high divorce rate, but don’t complain about people who shouldn’t marry? There will never be an effective, morally acceptable way to prevent the following…
When are my ex’s things deemed abandoned?
I was awarded the house in the divorce. My ex’s things are still here and he/she won’t pick them up. When are they deemed abandoned? Utah Code § 67-4a-201 provides,…
How can I make my abusive husband divorce me?
Short of holding the proverbial gun to his head (i.e., forcing him to do so against his will), you can’t. While you might contrive to motivate your husband to file…
Has anyone ever been able to prove narcissistic abuse in divorce court?
Yes, it happens quite frequently.* What people don’t understand is that finding a spouse is a jerk usually doesn’t amount to much in the divorce action. Most people believe—falsely—that if…
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