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…
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
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…
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…
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…
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
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…
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…
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…
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? I truly feel in my circumstance its best for me/us. Is it because they wont make as much money? We have…
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…
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 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’s relationship with the noncustodial parent? Recently, a reader on Quora, where I comment regularly, commented on a post of mine with this: …
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…
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…
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…
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? If so, have you heard about a custody evaluation? if not, you'll want to pay particularly close…
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…
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 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…
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,…
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…
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…
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…
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…
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 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 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? 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, 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 get to keep everything or do you have to split it? I will answer your question in…
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 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 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,…
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 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? For example, a remodeling contractor and a divorce lawyer. I do not believe a lawyer or client would really want…
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…
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…
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…
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 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. She has a troublesome personality, to say. I'm currently 16 and the relationship between not just me and my…
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…
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…
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?…
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…