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…
How do I stop being afraid of divorcing?
How do I stop being afraid of divorcing? I’m so scared. I’ve been a stay-at-home mother for 18 years. I have health issues. I don’t know if I can provide…
Is hiding money from your spouse grounds for divorce?
In the age of no-fault divorce, you don’t really need to have a good reason (or any reason at all) to get a divorce. So if your spouse is hiding…
Duffin v. Duffin – 2022 UT App 60
2022 UT App 60 THE UTAH COURT OF APPEALS JAMES M. DUFFIN III, Appellee and Cross-appellant, v. BRANDY E. DUFFIN, Appellant and Cross-appellee. Opinion No. 20200361-CA Filed May 12, 2022 Third District Court, West Jordan Department…
Beckham v. Beckham, 2022 UT App 65
2022 UT App 65 THE UTAH COURT OF APPEALS VICKI BECKHAM, Appellee, v. RANDALL BECKHAM, Appellant. Opinion No. 20200935-CA Filed May 19, 2022 Third District Court, Salt Lake Department The…
Do you pay tithing on child support?
Nothing is more frustrating to a sincere Christian than to ask the question, “Should I pay tithing on child support money I receive as a parent?” and to receive this…
What will the court do if I do not pick up a letter my ex husband sent?
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…
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…
How can I help my stepdaughter get away from an abusive mother?
How can I help my 12-year-old step daughter get away from an emotionally abusive mother? Tell the child’s father (your husband) about the trouble and have him handle it. It’s…
Is it wrong for a parent to go to their adult child for emotional support?
Is it wrong for a parent to go to their adult child for emotional support concerning the parent’s marriage? I am a divorce and family lawyer and a parent, but…
Law from a legal assistant’s point of view, week 45
By Quinton Lister, legal assistant I work for a divorce attorney, but I am not pro divorce. I understand that if there were no divorces I would be “out of…
How will it affect children to switch schools every other school year?
How will it affect children to switch back and forth to schools every other school year due to child custody agreement between parents who live in different states? Probably not…
If both parents are wonderful, will the court still favor the mother?
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…
Law from a legal assistant’s point of view, week 44: Mountains
By Quinton Lister, legal assistant One prominent geographical feature of Utah (where I am a legal assistant for a divorce attorney) is the mountains that surround the cities and towns…
How does being a child of divorce change the way you approach marriage?
I saw something on Facebook recently that is applicable here. Two brothers had followed divergent paths into adulthood. One was a lonely alcoholic bum. The other was a successful and…
What should the child support award be if my ex makes $1,200 per week?
Should I be receiving more than $300 a month in child support if my ex-husband makes $1,200 per week? Each jurisdiction has different child support laws and rules, but I…
What if your client gets custody when they should not have, due to you?
What should you do if you represented a client in a divorce who should not have gotten the kids, but got them due to your ability? We have a word…
Law from a legal assistant’s point of view, week 43: Law Offices
By Quinton Lister, legal assistant One thing that I have noticed in my time as a legal assistant to a divorce attorney is that most law offices are difficult to…
What is a CMA?
This blog post was written by a real estate agent for us. CMA stands for Comparative Market Analysis and is a report meant to reflect the market value of a…
Can I force my spouse to divorce me?
I know of no legal way to force your spouse to filed for divorce against you, but you may not be aware of the fact that your spouse cannot prevent…
Can a parent take kids out of state while divorce is pending?
Can a parent who has filed for divorce and moved out with her 2 children now take her children for a week to another state for Thanksgiving, or will it be…
How long after my divorce am I considered single?
I can’t speak for all jurisdictions, but for the jurisdiction where I practice divorce law (Utah), the answer is that you are considered single as soon as the court issues…
Law from a legal assistant’s point of view, week 42
Law from a legal assistant’s point of view, week 42: Do you like divorce law? By Quinton Lister, legal assistant Often when I tell people I know that I am…
What are the most empirically robust factors that predict divorce?
What are the most empirically robust (causal) factors that predict marital dissolution (divorce)? I can give you my guess as to what I believe a rigorous study would reveal based…
Why isn’t 50/50 custody the default resolution in child custody cases?
I have studied this question throughout my career, and I've been a divorce and family lawyer for 25 years. If there is one family law question to which I know…
In a divorce, should children live with their favorite parent?
I can’t speak for all jurisdictions, but I can tell you that in the jurisdiction where I practice divorce and family law (Utah), currently the child’s preference for one parent…
Twitchell v. Twitchell – 2022 UT App 49 – child custody and support
Twitchell v. Twitchell - 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First…
Is it damaging for a child to witness a divorce/parents fighting constantly?
Is it damaging for a child to witness a divorce or witness their parents fighting constantly? Yes. Yes, of course. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Is-it-damaging-for-a-child-to-witness-a-divorce-or-witness-their-parents-fighting-constantly/answer/Eric-Johnson-311
Widdison v. Widdison – 2022 UT App 46 – custody modification
Widdison v. Widdison - 2022 UT App 46 THE UTAH COURT OF APPEALS NICOLE WIDDISON, Appellant, LEON BRYANT WIDDISON, Appellee. Opinion No. 20200484-CA Filed April 7, 2022 Third District…
Law from a legal assistant’s point of view, week 39: Judges, part III
By Quinton Lister, legal assistant For those following along at home, you are aware that I have posted about judges before. Through the course of my current employment as a…
Knowles v. Knowles – UT App 47
Knowles v. Knowles - UT App 47 THE UTAH COURT OF APPEALS DUANE CROFT KNOWLES, Appellant, v. CELIA FERN KNOWLES, Appellee. Opinion No. 20200032 Filed April 7, 2022 Second District…
How easy is it to change your child’s last name?
I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law…
Why is the Divorce Rate Higher than Ever?
First, the divorce rate is not currently higher than ever. It has been higher in the past. Unfortunately, the reason the divorce rate is declining is likely because fewer people…
How do I get help with a divorce?
Asking a question on Quora is a start and better than doing nothing (as so many people contemplating divorce do when they are too afraid to do anything), but only…
Law from a legal assistant’s point of view, week 38: Arb-med, part II
By Quinton Lister, legal assistant Last week I wrote a post about Arb-med and how it can benefit practitioners of law, particularly family law. In this post I will be…
Why do spurned spouses often refuse to cooperate in their own divorce proceedings?
Why do spurned spouses often refuse to participate in certain aspects of their own divorce proceedings despite the headache it creates for all parties involved? Spurned spouses sometimes refuse to…
Do you lose child custody if you have a bench warrant?
Not merely for having a warrant out for your arrest, no. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Do-you-lose-child-custody-if-you-have-a-bench-warrant/answer/Eric-Johnson-311
How can I enforce my power when I have final say in joint custody?
My sons father and I have joint custody but I have final say over his well being health and education. How can I enforce my power? If you are asking: “How do I enforce in good…
Pending divorce spouse has moved out and stopped paying bills.
Pending divorce spouse has moved out and stopped paying bills. Should I report to my attorney or just wait until we go to court? Report this to your attorney immediately. There are…
Law from a legal assistant’s point of view, week 36: Planning
By Quinton Lister, legal assistant Planning is something that I have always aspired to do in my life but being a legal assistant has helped me realize that there is…
Why are child support and custody attorneys so expensive?
Because the work: requires a lot of knowledge of both the written (and unwritten*) rules that most people don’t have the time, interest, or ability to learn and apply correctly;…
Which is the best matrimonial site in the USA with a free trial?
There are many websites with lots of free information that is good. The problem is being able to tell the good content from the bad. This is why, whether you…