How do you get pet custody after a breakup?
I cannot speak on what the law is in every jurisdiction, but according to Utah (Utah is where I practice divorce and family law), the answers are: If by “breakup”…
I cannot speak on what the law is in every jurisdiction, but according to Utah (Utah is where I practice divorce and family law), the answers are: If by “breakup”…
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…
Am I, as an 11-year-old, allowed to go to court in a situation where my parents are divorced to see if I can get my dad to have full custody…
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…
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,…
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…