John v. John – 2023 UT App 103
John v. John - 2023 UT App 103 THE UTAH COURT OF APPEALS LUCAS ALLEN JOHN, Appellee, v. CASSANDRA KATHLEEN JOHN, Appellant. Opinion No. 20210506-CA Filed September 14, 2023 Third…
John v. John - 2023 UT App 103 THE UTAH COURT OF APPEALS LUCAS ALLEN JOHN, Appellee, v. CASSANDRA KATHLEEN JOHN, Appellant. Opinion No. 20210506-CA Filed September 14, 2023 Third…
My answer to your question is going to be a generalized answer to a hypothetical question. Before you take any real-life legal action in relation to real, existing laws, you…
Clark v. Clark - 2023 UT App 111 THE UTAH COURT OF APPEALS SUSAN JEANNE CLARK, Appellee, v. RICHARD LEE CLARK, Appellant. Opinion No. 20210713-CA Filed September 28, 2023 Fourth…
It does not matter whether or how the legal system could support or better support parents who lose child custody cases because it is not the purpose of the legal…
You have just received an email from your lawyer about a deadline that your lawyer needs your help to meet. What should you do? You are already extremely busy with your life and…
That is a great question. Most lawyers who have tried being divorce and family lawyers hate it and abandon it for other practice areas. I can tell you why I…
Your spouse must be served with the summons and divorce complaint or petition before the case can proceed. In my jurisdiction (as I believe it to be the case in…
Your spouse must be served with the summons and divorce complaint or petition before the case can proceed. In my jurisdiction (as I believe it to be the case in…
One of the hardest documents for a Utah divorce litigant to prepare is the financial declaration. I am amazed at the number of clients who don't take this document and…
Effectively, you can’t. You might be able to verify whether your lawyer is telling the truth about his/her winning record if the lawyer is willing to give you the information…
The term for representing yourself in court is "pro se" or "pro per". Can you navigate the legal system successfully without a lawyer representing you in your case? Before I…
Your attorney cannot do what only you can do. Your attorney cannot answer questions posed to you until you provide your attorney with the information and facts needed to answer…
The documents your attorney tells you that you must prepare for your case are, in fact, documents that you must prepare for your case. Failure to prepare them and to…
Please check your email. And if you don’t have an email address, you must get one. And then you need to check your email inbox every day. Not just once…
So, you have gotten news that your attorney has quit. Your attorney wrote you an email informing you that he or she your counsel either will soon withdraw as your counsel…
My opinions on prenuptial agreements have changed over the course of my career as a divorce and family lawyer over the past 26 years. Had you asked me whether I…
I will answer this question in the context of Utah law because I practice law in Utah. The term “prenuptial agreement” means “an agreement between prospective spouses made in contemplation…
Many people wonder whether they must file for divorce in the state (or even the country) where they were married, even if they never resided there or no longer reside…
I’m just at the beginning stages of a divorce case, but already in the thick of it. My spouse tells me she is going to have her lawyer file a…
I will answer this question in the context of Utah law because I am licensed as an attorney and practice divorce and family law in the state of Utah. For…
There is more than one question to answer here. First, does a parent have the unilateral power simply to “give up” his or her parental rights (and accompanying obligations)? No. The…
I have noticed three chronic problems with clients in just the few weeks I have been working as a legal assistant. 1) Most clients seem to have an almost allergic…
It could mean many things when a parent avoids a legal fight in court for child custody. To identify a few things, it could mean: that the parent does not…
THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. CODY BLAIR MURRAY, Appellant. Opinion No. 20200890-CA Filed May 18, 2023 Second District Court, Ogden Department The Honorable Joseph M.…
Unless a court were to order that a parent was barred from traveling out of state or out of the country with the children on vacation, a joint legal and…
After working in civil law for a short time (specifically, in divorce and family law), I think that many people have the wrong idea about justice and the court system.…
Knight v. Knight - 2023 UT App 86 THE UTAH COURT OF APPEALS JARED M. KNIGHT, Appellee, v. REBECCA B. KNIGHT, Appellant. Opinion No. 20210080-CA Filed August 10, 2023 Third…
Because divorce is not about a spouse (man or woman) getting “half of everything”. Depending upon whether a state is a “community property” state or an “equitable distribution” state, here…
This is a good question and one that arises frequently in one form or another; a parent either can’t or won’t provide personal care and supervision of the parties’ children…
If the court does not have jurisdiction to issue an order to the school district or has issued a defective order, then the school district has every right to oppose…
I have finished my first week as a legal assistant. In that time, I have been to a few court proceedings. Previous to taking this job as a legal assistant,…
It depends on the person going through it, although it’s safe to state that for most people it is a miserable experience. Some may acknowledge it was a necessary, though…
2023 UT App 60 - Martinez v. Sanchez-Garcia THE UTAH COURT OF APPEALS DAISY MARTINEZ Appellant, v. FERNANDO SANCHEZ-GARCIA, Appellee. Opinion No. 20210829-CA Filed June 2, 2023 First District Court,…
The first thing you should know is that I am a writer. I have authored some short stories and some other things you haven’t heard of. I have been a…
Should divorce without cause be eliminated? If it were, we would likely find ourselves back in the situation that led to the creation of no-fault divorce in the first place.…
HelloDivorce.com offers resources and support to people navigating divorce, including support for survivors of domestic abuse. This guest post is an in-depth guide on "What Domestic Abuse Victims Need to…
Generally, yes, although the gratuitous (and sexually discriminatory) practice of indulging a default preference for the mother has steadily weakened substantially over the last 40 years and counting. More and…
Great question. Your question helped to clarify something I have started to notice more and more among many people who are not divorce and family law attorneys or experienced in…
This is a great question. Thank you for asking it. It’s a question that arises frequently in divorce situations. And you’re likely not going to like the answer. It could…
What you are asking about is called “impeaching” the witness. There are many ways to impeach a witness. One way is to ask him or her questions to which the…
In response to this question, "Have you ever thought someone was making a mistake by getting a divorce?,” I stated (and I summarize here) some people need to divorce. It’s…
I cannot answer this question as it applies in all jurisdictions because I am not licensed in all jurisdictions, but I can answer this question at that applies in the…
I am not licensed to practice law in the state of New York, but I will answer your question according to the law of the jurisdiction where I do practice…
2023 UT App 62 - Cox v. Cox THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District…
There is no rationally or morally justified reason for making divorce illegal in any and all circumstances. That stated, most would agree that while it was instituted with the best…
What can I legally do if my child's mother picks up our child in an Uber without a car seat? She is 5 years old, about 50 lbs. She is…
Whether my recollection is true or not, I remember being taught in law school that tithing and other regular charitable giving cannot be treated as a personal expense deduction in…
Legal separation vs. divorce. Which is better? The answer is different for each person confronted with the choice. For some, separation is preferable to divorce. For others, just the opposite…
I had a weird experience as a lawyer in a situation kind of like the one you’re asking about. The ex-spouse didn’t end up with sole custody of the children,…