2021 UT App 77 – Miner v. Miner – alimony, attorney fees
2021 UT App 77 THE UTAH COURT OF APPEALS LISA P. MINER, Appellee, JOHN E. MINER, Appellant. Opinion No. 20200098-CA Filed July 15, 2021 Fifth District Court,…
MacFarland v. MacFarland – 2021 UT App 58
021 UT App 58 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellant and Cross-appellee, v. NICOLE S. MCFARLAND, Appellee and Cross-appellant. Opinion No. 20190541-CA Filed June 4, 2021 Second…
Can a divorced parent with the parties’ child primarily lives stop the child from switching to live with the other parent?
So, the question is this: if I am the parent to whom custody of our child was awarded, and that child doesn’t want to live with me anymore, what can…
Do you think it’s fair that Brad Pitt got joint custody of his kids?
Normally, I do not like to comment on the intersection of pop culture and family law because quite often, what happens in a celebrity divorce or child custody dispute does…
The Utah courthouses will be re-opening soon. Don’t go back!
With the COVID-19 crisis essentially behind us now (please don't start on the Delta variant) the Utah courts are re-opening the courthouses. And there's nothing wrong with that . .…
Nakkina v. Mahanthi – 2021 UT App 63 – joint equal custody, marital property, attorney fees
Nakkina v. Mahanthi - 2021 UT App 63 THE UTAH COURT OF APPEALS SIREESHA NAKKINA, Appellee, v. PRODEEP KUMAR MAHANTHI, Appellant. Opinion No. 20190750-CA Filed June 17, 2021 Third District…
Do courts make awards in divorce to “punish” adultery?
Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court…
Ward v. McGarry – 2021 UT App 51
Ward v. McGarry - 2021 UT App 51 NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL. …
How to Explain to Your Kids You Are Getting Divorced (Guest Post)
Author Bio: Cristin Howard runs Smart Parent Advice, a site that provides parenting advice for moms and dads. Cristin writes about all of the different ups and downs of parenting, provides solutions…
Do you agree with Brad Pitt winning joint custody of his children with Angelina Jolie?
I normally don’t comment on popular culture matters dealing with divorce, but for this question I will make an exception. I have no idea what kind of parents Angelina Jolie…
What are the grounds for filing for a divorce in Utah?
First, you need to understand that Utah, like every other state in the U.S. has what are known as a “no-fault divorce law”. No-fault divorce means that you don’t have…
How hard did you have to fight to get custody of your child after divorce as a father? What was the biggest problem you faced?
Allow me to start this answer by clearing the air a bit: First, there are many fathers who are clearly unfit fathers but who nonetheless believe the only or the…
Can anyone find out which spouse filed for a divorce?
I cannot speak for all jurisdictions, but in the state of Utah (where I practice divorce and family law), if you know that a couple is divorcing or is divorced,…
After a divorce, should my kids be with me or with the mom?
First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you…
What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married?
What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married? It…
Are family members allowed to be character witnesses in a divorce case?
Questions regarding one’s character as a spouse and parent often arise in a divorce and/or child custody case, and family members are often some of the best, if not the…
My spouse opens accounts in my name, forges my signature. How to stop it?
My spouse opens accounts in my name, steals checks, forges my signature. How do I get my spouse to stop? Without telling me, my spouse opens store accounts in my…
Why is the divorce rate so high in the United States?
Why is the divorce rate so high in the United States? Until now, I would answer this question by stating that some of the main reasons for the high divorce…
I have custody of my child. He’s refusing to come home. What now?
I have custody of my child. He left to go to his mom's last Friday for the weekend. He is refusing to come home because he wants to live there.…
Why do I have to give the court my Social Security Number?
Why do I have to give the court my Social Security Number in my divorce, child custody, paternity, protective order, or other family law or family law-related case? Here is…
Child refuses to leave noncustodial parent’s house. What happens now?
I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will…
I suspect my husband fathered a child with someone else. Can I challenge our divorce ruling?
If I suspect my ex-husband fathered a child with someone else while we were married, can I challenge our divorce ruling? If, by this question, you mean that you are…
What would happen if there were no alimony or splitting assets in divorce without kids?
That is an interesting question. Before I answer it, know this: anyone who is motivated to marry on a “what’s in it for me?” basis and who stays married motivated…
Financial infidelity plagues many households, led by millennials
Guest post: https://www.bankrate.com/finance/credit-cards/financial-infidelity/ Financial infidelity plagues many households, led by millennials By Ted Rossman Ted Rossman's Twitter profile Mar. 19, 2021 / 3 min read At Bankrate we strive to help you make…
How long does it take a divorce to become final if one party is refusing the divorce?
How long does it take a divorce to become final if one party is refusing the divorce? It can take an amazingly, shockingly long time. One of the most frustrating…
When did you know that divorce was the option you were going to choose?
When did you know that divorce was the option you were going to choose? First, make sure that if you reach the conclusion that you need a divorce that you…
What policies and factors determine how child support is calculated?
What policies and factors determine how child support is calculated? This is a good question and a question that many parents ask. Every state in U.S. has child support calculation…
Why do I pay child support if we have joint custody and we both work?
I know two people that separated and share custody and both have jobs yet he pays child support? How does this work? This is a great question and a question…
Do lawyers ever regret helping a client or obtaining a particular judgment?
Do lawyers ever regret helping a client or obtaining a particular judgment? Yes, yes, of course. We all know that there are plenty of lawyers who will prostitute their professional skills for money…
Do you need a reason to get a divorce?
Do you need a reason to get a divorce? Not really, at least not in the jurisdiction where I practice divorce law (Utah). Even if you get a “no fault”…
Married a short time. He demands discovery going back years. Can he?
Married a short time. He demands discovery going back years. Can he? Married 16 months. He became abusive almost immediately after. I filed for divorce. He and his attorney is…
Why is it difficult for a father to get child custody?
Why is it difficult for a father to get child custody? Because there is a pernicious and false belief in far too many of the courts (not, notably, in society…
Thomas v. Thomas – 2021 UT App – contempt, modification of custody
Thomas v. Thomas - 2021 UT App 2021 UT App 8 THE UTAH COURT OF APPEALS JEREMY THOMAS, Appellant, v. JODY TASKER THOMAS, Appellee. Opinion No. 20190242-CA Filed January 22,2021…
What are the Steps for Getting Divorced in Utah?
What are the Steps for Getting Divorced in Utah? To start the divorce process, you must begin by filing what is called a complaint or a petition for divorce with…
2020 UT App 171 – Miller v. Miller THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, v. BRENDA MILLER, Appellee
2020 UT App 171 - Miller v. Miller THE UTAH COURT OF APPEALS RYAN MILLER, Appellant, BRENDA MILLER, Appellee. Opinion No. 20190748-CA Filed December 24, 2020 Second District Court, Farmington…
GALs/custody evaluators waste money/time compared to judge interview
GALs and custody evaluators waste too much money and time, and can never provide the same accuracy as a judge’s direct interview of the child. This post is the fifteenth…
Do GALs or custody evaluators do a better job of interviewing children than judges do?
This post is the tenth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child custody…
How is it possible that people go bankrupt during divorce in the USA? Isn’t it a 50/50 split?
How is it possible that people go bankrupt during divorce in the USA? Isn't it a 50/50 split? It’s not “the divorce” that causes people to go bankrupt, it’s the…
What are some things that profitable attorneys do differently?
What are some things that profitable attorneys do differently? One thing that many do: sell false hope. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-are-some-things-that-profitable-attorneys-do-differently/answer/Eric-Johnson-311
Does having the judge interview the children traumatize the children?
Does having the judge interview the children traumatize the children? This post is the second in series of 15 posts on the subject of custody evaluations and the appointment…
Would you tell someone that his/her spouse is cheating?
Would you tell someone that his/her spouse is cheating? First, I need to make clear that my answer is in my capacity as just a member of the public. If…
What are ways divorcees reach a mutual agreement when splitting up their assets?
What are ways divorcees reach a mutual agreement when splitting up their assets? What they often do (but shouldn’t): rationalize and justify their greed and pettiness in advancing their “arguments”*…
How do I fight a DUI without a lawyer?
How do I fight a DUI without a lawyer? You don’t. Too much at stake. Too hard to do on your own. I’m a lawyer (a divorce and family law…
My attorney just dropped me. What do I do now?
My attorney just dropped me. What do I do now? My attorney in a civil matter dropped me and I just found out yesterday that I have 21 days to…
Utah Divorce Case Timeline Summary
Utah Divorce Case Timeline Summary The greatest influence on how long a divorce case takes is usually how much and how severely the parties fight over the issues. The more…
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