Should I get sole custody of my children if the dad does not want custody?
Should I get sole custody of my children if their dad does not want to be involved with them? Or try to talk it out before I go through with…
How can I make sure father won’t gain custody?
My husband cheated on me and we're getting a divorce. He begged me not to take his children away, but I want him to suffer. How can I make sure…
What are the 3 main issues that lead to divorce these days?
Every time you hear about divorce, what are the 3 main issues that lead to divorce these days? I have been a divorce and family law attorney for 26 years.…
What are the primary parenting issues of concern by the court?
What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections…
What can you do if your ex-husband does not want to pay school fees?
What can you do if your husband does not want to pay school fees for his children when you are divorced? First, it is not necessarily a given that a…
When do courts value the marital estate?
When do courts value the marital estate? At time of separation, or at the time the court enters the Decree of Divorce? This is a question that often causes divorcing…
How do you protect your assets from divorce, lawsuits, etc.?
How do you protect your assets from divorce, government confiscation, lawsuits, garnishments, or seizure? Best way: own nothing. The government (in all its forms) cannot seize from you that which…
If you get a divorce but everything is in your name, do you have to split it?
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…
2022 UT App 103 – Divorce Tax Consequences
2022 UT App 103 THE UTAH COURT OF APPEALS LISA PETERSON LABON, Appellee, v. PIOTR ARKADIUSZ LABON, Appellant. Opinion No. 20200547-CA Filed August 18, 2022 Third District…
My estranged father keeps asking me for money, what do I do?
My parents are divorced, my father has no savings, he didn't work for the entire period of their marriage, we were estranged for a while and now we are back,…
Do you think it’s fair for a non-custodial parent to pay more child support?
Do you think it's acceptable for the non-custodial parent to have to pay more child support because the custodial parent chooses to barely work or not work at all? Generally,…
How do you win a case against your ex for false accusations?
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 sign a letter sent by my ex-husband?
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…
What are two lines of work that fit together well?
What are two lines of work that fit together well? For example, a remodeling contractor and a divorce lawyer. I do not believe a lawyer or client would really want…
Are there experts who can evaluate parental alienation for a custody case?
There are “expert” witnesses for virtually any and every issue in legal actions. Can judges be bamboozled by pseudo-scientific expert witnesses? Without question. Do some judges who know that the…
Can a 16-year-old child choose not to have visitation with a parent?
Technically, no. Practicably/pragmatically, yes. Technically, a minor child (even a child of 16 years of age) does not have the legal right to choose whether he or she will comply…
How is a narcissist exposed in a court of law?
You’re not asking the best question. First, understand that many divorcing people see their spouses as “narcissistic” because at the time of divorce they tend to see the worst in…
Is it possible to get court transcripts for custody hearings?
Every jurisdiction is different regarding which court hearings are open to the public and whether recordings of their proceedings are available to the public or even to the parties’ themselves. …
Is it easier to get a divorce if you and your spouse have nothing shared?
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…
So I want to ask my dad to divorce my mom.
So I want to ask my dad to divorce my mom. She has a troublesome personality, to say. I'm currently 16 and the relationship between not just me and my…
Can I gain full custody if I’m bipolar?
I don't want anything to do with my child's father. Can I gain full custody if I'm bipolar? First, thank you for being so candid and blunt. This is a…
Does it take time to move on after a midlife divorce?
For most people, generally yes. However one may define “move on,” the longer one is married (especially when the couple has lived together for the duration of the marriage and…
Would the divorce rate drop if the parties had to see a psychologist first?
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?…
Can you go back to your ex-spouse after a divorce?
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…
What are the primary concerns in determining parenting issues? Why?
What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections…
Are divorce records public?
I cannot speak for all jurisdictions, but for the jurisdiction where I practice divorce law the answer is “yes”. See Utah Code § 30-3-4(2)(b): §30-3-4. Pleadings--Decree--Use of affidavit--Private records (b)…
If each parent is fully capable, will the court still give full custody to mom?
If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about…
Can an adult child be sued for helping one parent divorce the other?
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…
What is the brutal truth about a third marriage?
That it is likely going to end in divorce. https://www.psychologytoday.com/us/blog/the-intelligent-divorce/201202/the-high-failure-rate-second-and-third-marriages Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-is-the-brutal-truth-about-a-third-marriage/answer/Eric-Johnson-311?prompt_topic_bio=1
How do I get a quick, cheap divorce?
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 staying with parents during pregnancy grounds for filing for divorce?
You don't have to come up with creative reasons for getting a divorce anymore in the age of no-fault divorce (in the U.S.A.). You don't have to find a reason…
How can I better understand the importance of marriage?
As a child with divorced parents, I find it hard to answer questions such as, “What is the importance of marriage?” How can I better understand the importance of marriage?…
Is there anything that can surprise a judge during a divorce proceeding?
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…
Can you get a post-judgment interest rate higher than the statutory rate?
Did you know you can request a post-judgment interest rate that is higher than the default statutory rate? It’s true. While the court does not have the discretion to lower,…
Why would a father give a child’s abusive mother full custody?
Why would a father whose attorney had outed his children's mother as a schizophrenogenic narc monster give her full custody? “Give?” If the father had it within his power to…
Do both parties have to sign the paperwork for a divorce to be granted?
Do both parties have to sign divorce paperwork in order for a divorce to be granted? It is possible in many jurisdictions (Utah being one of them; if you are not…
Nix v. Nix – 2022 UT App 83- insufficient evidence of adultery
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…
Can a non-custodial parent claim the child tax credit?
Yes, and the IRS has provided this summary (among other publications) to show non-custodial parents how: https://www.irs.gov/pub/irs-pdf/p4449.pdf Here is an excerpt from that IRS publication: Claiming Your Child as a…
How do you prove duress in a divorce?
I will answer your question in the context of Utah law because I practice divorce and family law in the state of Utah. First, here is how duress is defined…
I signed a CPS safety plan but the court orders protective supervision.
What happens if I signed a CPS safety plan but the court orders protective supervision? The court’s order supersedes the agreement. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-happens-if-I-signed-a-CPS-safety-plan-but-the-court-orders-protective-supervision/answer/Eric-Johnson-311 …
How do you win financially in a divorce?
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…
How does someone take custody of a child after winning custody?
When someone wins custody of a child, does the child come to the courthouse to be taken by whoever is awarded custody or do they go to the home of…
True or false: Better to divorce than have a miserable life.
This blog post is in response to this question: I don't think it's bad to get a divorce. I think it's more unhealthy to have miserable lives. — Ginger Wynn.…
Why do people get married only to divorce a few years later?
Why do people get married only to divorce a few years later? Doesn't really sound like love to me. With the exception of those divorces that take place shortly after…
How should the child support payment system in the U.S. be changed?
How should the child support payment system in the U.S. be changed to make it more fair? What is unfair about child support for the child support payor (also known…
Can I get an annulment instead of a divorce?
Many people call me asking about whether they can get an annulment instead of a divorce. Their reasons are almost always the same: "I would prefer to say that I…
Law from a legal assistant’s point of view, week 49
By Quinton Lister, legal assistant What is the one thing that would help decrease divorce in the United States? I honestly think that commitment to marriage as more than a…
How can I reveal my soon-to-be ex as having NPD in our custody case?
How can I reveal my soon-to-be ex as having NPD in our child custody case? You're asking the wrong question. You shouldn't be asking how you can prove your spouse…
How would my fiancé go about getting any sort of custody for his child?
That is an extremely broad question. The best way to start: find a good domestic relations lawyer (a good one, not just any) and schedule a consultation with him/her so…
Is the percentage of married people getting a divorce still about 50%?
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…
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