When are my ex’s things deemed abandoned?
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,…
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,…
Good morning, I am a divorce and child custody lawyer. I have a question that all of my clients ask me that I don't have the answer to: "Why does…
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…
Are financial interrogatories relevant in my contempt case against my sister for violating my visitation order? While I’m sure something seeming like an argument could be made for their relevance,…
Of a sort, and depending upon the particular state, yes. In some places children (minor children, those who are by law deemed incapable of consenting to marry) can marry with…
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…
Here is a summary of new law affecting divorce and family law that was created by the Utah State Legislature in 2022: HB (House Bill) 122 1st Substitute, entitled “Family…
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…
How difficult is it to get a divorce from a spouse who disappeared +10 years back? No note, no trace, no explanation. If you urgently need to remarry, what processes…
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…
MyCase is an online system developed by the Utah State Courts system that you can sign up for free of charge and use in your family law case and certain…
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…
The more power to be entrusted, the higher the stakes, the less I trust anyone under such conditions. Many of us find or will find ourselves in a situation where…
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…
The judge finalized our divorce a month ago. My ex-husband decided to move out without any notice and then he turned off all utilities service. Can he legally do that…
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…
Can a parent with full custody refuse to allow visitation due to unsanitary living conditions? Good question. I will answer this question in the context of some applicable law for…
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…
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…
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…
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?…
Fox v. Fox 2022 UT App 88 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District…
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…
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…
I cannot speak for all jurisdictions, but for the jurisdiction where I practice divorce law the answer is “yes”. See Utah Code § 30-3-4(2)(b): §30-3-4. Pleadings--Decree--Use of affidavit--Private records (b)…
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…
Taking your question literally: Can? Yes. You can file a lawsuit for any “reason” or no reason at all. Crazy and/or malicious people file crazy/malicious/frivolous/unintelligible lawsuits all the time. Just…
Is there anything that can surprise a judge during a contested divorce proceeding? Of course. We’ve all read about cases where all of the circumstantial evidence indicated the defendant is…
Did you know you can request a post-judgment interest rate that is higher than the default statutory rate? It’s true. While the court does not have the discretion to lower,…
Do both parties have to sign divorce paperwork in order for a divorce to be granted? It is possible in many jurisdictions (Utah being one of them; if you are not…
2022 UT App 83 THE UTAH COURT OF APPEALS JILL NIX, Appellee, v. ROLAND COMPTON NIX JR., Appellant. Opinion No. 20200691-CA Filed June 30, 2022 Fourth District Court, Provo Department…
Yes, and the IRS has provided this summary (among other publications) to show non-custodial parents how: https://www.irs.gov/pub/irs-pdf/p4449.pdf Here is an excerpt from that IRS publication: Claiming Your Child as a…
I will answer your question in the context of Utah law because I practice divorce and family law in the state of Utah. First, here is how duress is defined…
What happens if I signed a CPS safety plan but the court orders protective supervision? The court’s order supersedes the agreement. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-happens-if-I-signed-a-CPS-safety-plan-but-the-court-orders-protective-supervision/answer/Eric-Johnson-311 …
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…
What are the most important changes to the family law in the 19th century and 20th century up to today, and why? In my opinion (and in no particular order): …
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? Doesn't really sound like love to me. With the exception of those divorces that take place shortly after…
What is the proper language to request a change of the child custody order in family law court? What you want to accomplish is not the kind of thing that…
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…
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…
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…