Why Your Lawyer Might Drop Your Case By Braxton Mounteer
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…
Would You Say Before Marriage Always Sign a Prenuptial Agreement, or Would You Never Agree to Signing One? Why?
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…
Can a Prenuptial Agreement Be Legally Binding if It’s Signed After the Marriage and Before the Divorce?
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…
If You Were Married in One State but Now Live in Another State, Which State’s Law Would Apply if You Divorce?
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…
My Spouse Tells Me She Is Going to File a Motion for Temporary Orders. What Does That Mean?
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 Am 14 and I Want to Live With My Dad. My Parents Have Shared Custody, but My Mom Wants to Keep Me Her Alone (And She’s Not a Good Person). How Do I Stay With My Father Full Time?
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…
The Father of My Child Told Me He Can Unilaterally Give Up His Parental Rights. Can He? He Thinks This Way He Will Get Out of Child Support. Can He Do This?
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…
The Importance of Working With Your Lawyer By Braxton Mounteer
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…
What does it mean when he tries to avoid a legal fight in court for child custody?
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
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.…
As a Joint Legal and Physical Custodial Parent, Can I Legally Prevent the Other Parent From Going on a Vacation (Either Out of State or Out of the Country) With Our Child or Children?
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…
A Changed Perspective on Justice as a New Legal Assistant By Braxton Mounteer
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 – trusts and alimony
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…
Why Don’t All Divorced Wives Get Half of Their Husbands’ Property?
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…
The Father of My Child Has Visitation Rights Ordered by Court, Yet He Will Be in a Different State During His Visitation Time, but Wants His Aunt to Take Over. Do I Have to Allow His Aunt Visitation While He’s on Vacation?
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 a Family Court Judge Orders That a School District Provide Certain Documents and the District Does Not Respond at All, Believing That the Court Has No Jurisdiction, Can the Order Be Enforced, or Is Something Else Going on That I Don’t Understand?
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…
Court Proceedings from the Perspective of a New Legal Assistant By Braxton Mounteer
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,…
How Terrible Is It to Go Through a Divorce?
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 – Material and Substantial Change
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,…
First Impressions of Being a Legal Assistant as a Writer By Braxton Mounteer
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…
In the USA, Should Divorce Without Cause Be Eliminated?
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.…
Resource for Domestic Violence Survivors from Hello Divorce
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…
Does the Judicial System Favor Custody of Children to the Lady? What Is the Judge’s Decision Based Upon?
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…
Do Family Courts Ever Verify the Information a Parent Offers in a Divorce Proceeding, Things Like Income, Housing, Bills, Savings, or Is It Dependent on the Other Parent to Object if the Information Is Fantasy Rather Than Reality Based?
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…
Going Through a Divorce. She Moved Out. I Continued Mortgage Alone for a Year. I Move Out, She Moves in and Never Pays for 9 Months. I Pay to Get It Out. Does She Owe Me?
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…
How Can I Show the Court a Parent’s Previous Words and Deeds to Show He/She Is Lying?
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…
Divorce Is Often a “Cure” Worse Than the Disease
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…
Can Divorce-Split Property Proceedings Be Done With Attorneys on a Contingency Pay Basis, Offering Lawyers a Part of the Estate to Pay for Court Costs?
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 Bought a House, Then Got Married. Me and My Partner Then Divorced. Can She Take the House? This Is in NY.
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 – Adequacy of Court Findings
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…
Why Should Divorce Not Be Legalized?
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 Refuses to Use Car Seat When Traveling With Our Little Child?
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…
Tithing Can Be a Legitimate Personal Expense in the Context of Determining the Alimony Award
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…
Have You Ever Regretted a Divorce as Opposed to a Permanent Separation Agreement?
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…
Has Anyone Relinquished Full Custody to Their Spouse to Avoid Putting Their Child Through the 50/50 Split?
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,…
How Do You Deal With Your Child’s Divorce?
As you would deal with any hardship through which your adult child may be going: with compassion and wisdom. Bear in mind from the outset that for some, divorce is…
How Do I Find Out if My Spouse Is Hiding Cryptocurrency in Our Divorce Action?
Many people going through a divorce wonder whether they should be worried about whether their spouses are hiding assets and wealth in the form of cryptocurrency. In Utah, earned income…
Nelson v. Nelson – 2023 UT App 38 – Claim Preclusion and Child Support
2023 UT App 38 THE UTAH COURT OF APPEALS STASHIA NELSON, Appellee, v. ISAAC SCOTT NELSON, Appellant. Opinion No. 20210345-CA Filed April 13, 2023 First District Court, Logan Department The…
How Will You Go About Settling Disagreements With Your Spouse That Affect the Child?
Answers to this question could take up an entire book (actually, it could take up many entire books, and it does—literally millions of pages have been written on this subject).…
In a Simple, Uncontested Divorce in Utah, Is It Required to Submit to the Court Any Financial Information or Documentation About either Party or Both Parties Even if No Alimony Is Awarded or if No Debt/Property Is Being Divided at All?
Good question. The answer depends upon whether there are minor children for whom child support is ordered. Specifically, if and when child support is ordered, Utah Code § 78B-12-203 provides,…
What Are the Reasons That a Request for a Temporary Order Be Denied in a Family Court Case?
There can be many reasons, but it should all comes down to one or more of these most basic reasons: The motion for temporary orders does not have valid grounds…
I Filed Exhibits Electronically. The Court Clerk Has Returned Them for Not Having Exhibit Stickers on Them. I Can’t Find a Store in My Area That Carries the Stickers. Would the PDF Exhibit Stickers Meet Court Requirements, or Should I Order Some?
When in doubt, ask the court clerk. If the clerk won’t answer your question or you don’t believe the clerk’s response is accurate (or honest), find the rule (if there…
What Does It Mean When Your Partner Hires an Attorney and Says He/She Is Going to Fight for Custody of the Children? How Likely Is It That They Will Get Sole Custody of the Kids?
Merely hiring an attorney does not give one an automatic advantage in a divorce and/or child custody case. It can, but it’s not guaranteed. Why? Because some attorneys are incompetent.…
How Many Children in the U.S. Experience Divorcing Parents? Does Anyone Have the Statistics?
About half. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/How-many-children-in-the-US-experience-divorcing-their-parents-Does-anyone-have-the-statistics/answer/Eric-Johnson-311
What Happens at a Trial Setting/Status Conference in Family Court?
Many things can happen in status conferences in family court proceedings. One kind of status conference is a conference held for the sake of setting the trial date or dates…
How Long Does a Divorce Take, From Start to Finish, in Utah?
Great question. Here is the best concise answer I can give you. Most divorce cases settle. Many divorce cases that do settle were settled badly. Some bad settlements are the…
What Is Your Argument for the Legalization of Divorce?
Divorce is a necessity in certain, narrow circumstances (or at least it should be). Recklessly divorcing is as “right” as is recklessly driving. It happens, but it’s wrong. Before no-fault…
Mower v. Mower – 2023 UT App 10 – Death of Spouse Before Court Rules
2023 UT App 10 THE UTAH COURT OF APPEALS LIDIA V. MOWER, Appellant, v. THOMAS W. MOWER, Appellee. Opinion No. 20210101-CA Filed January 20, 2023 Fourth District Court, American Fork…
Knowlton v. Knowlton – 2023 UT App 16
Knowlton v. Knowlton - 2023 UT App 16 THE UTAH COURT OF APPEALS SHONDELL SWENSON KNOWLTON, Appellee, v. BRADLEY LEWIS KNOWLTON, Appellant. Opinion No. 20200483-CA Filed February 9, 2023 Second…
- Go to the previous page
- 1
- …
- 6
- 7
- 8
- 9
- 10
- 11
- 12
- …
- 15
- Go to the next page