What happens to a restraining order respondent who misses the hearing?
What happens if you’re a restraining order respondent and you miss the hearing? There are a few possibilities, and I will address them in the order of what I think…
What advice would you give to someone whose divorce is going to court?
What advice would you give to someone who has just become one of the parties in a divorce proceeding? #1. Know this: divorce law and the divorce process are almost…
How do you win a case against your ex for false accusations?
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…
Erickson v. Erickson – 2022 UT App 27
THE UTAH COURT OF APPEALS DEAN ERICKSON, Appellee, v. JANICE ERICKSON, Appellant. Opinion No. 20200193-CA Filed March 3, 2022 Third District Court, Salt Lake Department The Honorable Todd M. Shaughnessy…
How can I help my step-child get away from an abusive mother?
How can I help my 12-year-old step-daughter get away from an emotionally abusive mother? Tell the child’s father (your husband) about the trouble and have him handle it. It’s not…
True or false: Better to divorce than have a miserable life.
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. What are…
Law from a legal assistant’s point of view, week 33
By Quinton Lister, legal assistant One part of my job as a legal assistant that I have yet spoken of has been my day-to-day interaction with potential clients. When you…
In re J.L… 2022 UT 12 – termination of parental rights
2022 UT 12 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, in the Interest of J.A.L. and J.O.L., Persons Under Eighteen Years of Age J.L. and…
Is it true that family courts get paid from child support payments?
Is it true that family courts get paid from child support payments? Can someone explain it to me or link me to an article that explains it? The courts do…
What is the best DIY book about divorce in the U.S.?
There isn’t one. There can’t be. I’ll explain why and what you can and should do if you want to go the DIY divorce by the book route. The main…
These Moving Companies Move Domestic Abuse Victims for Free
Today's blog post is a guest post from Hire A Helper. This is not a paid placement. We hope you find it useful, if you or a loved one need this kind…
Should I use free family law resources?
Merely use them? I don’t see the harm in being familiar with them. Reading, watching, listening. Learning. That’s a good thing. A very good thing. Being dependent upon only free resources? No. That’s…
In re J.P. – 2021 UT App 134 – termination of parental rights
In re J.P. - 2021 UT App 134 2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS…
More proposed family law-related proposed laws 2022 Utah
More proposed family law-related proposed laws from the 2022 Utah Legislative Session Last week I covered four family law bills proposed during the 2022 session of the Utah State Legislature.…
Hinds v Hinds-Holm – 2022 UT App 13 – child custody award factors
Hinds v Hinds-Holm - 2022 UT App 13 THE UTAH COURT OF APPEALS BRADLEY HINDS, Appellee, v. RACHEL HINDS-HOLM, Appellant. Opinion No. 20200586-CA Filed January 27, 2022 Third District Court,…
What to do when child won’t comply with the custody award?
What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…
Why do spurned spouses refuse to participate in certain parts of divorce?
Why do spurned spouses often refuse to participate in certain aspects of their own divorce proceedings despite the headache it creates for all parties involved? Spurned spouses sometimes refuse to…
Reform that reforms nothing
Commencing May 21, 2022, a new rule of the Utah Rules of Civil Procedure will be in force: Rule 100A. While I love the intention behind Rule 100A, reviewing the…
Family Law Legislation 2022 – Part 1
Family Law Legislation 2022 - Part 1 This blog post reviews four bills among new proposed legislation during the 2022 session of the Utah State Legislature that deal with divorce…
What is the basis for everything I have to do for my Utah divorce case?
What is the legal basis for all the hoops I have to jump through in my Utah divorce case? This is a great question. It’s a question I often ask…
Do letters vouching for one’s character really matter?
My lawyer asked me to get letters of my character from my friends for family court to introduce as evidence, but do they really matter and is 12 enough? Do…
Wadsworth v. Wadsworth – 2022 UT App 5 – marital estate
2022 UT App 5 THE UTAH COURT OF APPEALS CANDI WADSWORTH, Appellant, v. GUY L. WADSWORTH, Appellee. Opinion No. 20190106-CA No. 20200430-CA Filed January 13, 2022 Third District Court, Salt…
Sanders v. Sanders – 2021 UT App 122
2021 UT App 122 THE UTAH COURT OF APPEALS KRISTINE L. SANDERS, Appellee, v. TRAVIS JAMES SANDERS, Appellant. Opinion No. 20200618-CA Filed November 12, 2021 Third District Court, Salt Lake Department The Honorable Todd M. Shaughnessy …
Johansen v. Johansen – 2021 UT App 130 – compliance with court rules
2021 UT App 130 THE UTAH COURT OF APPEALS COLTEN JOHANSEN, Appellee, KATHY JOHANSEN, Appellant. Opinion No. 20200234-CA Filed November 26, 2021 Second District Court, Ogden Department The Honorable Joseph…
Law from a legal assistant’s point of view, week 26: Lying
By Quinton Lister, legal assistant Lying is corrosive. Lying does not allow us to be the best version of ourselves. Lying keeps us in denial about the actual state of…
Fischer v. Fischer – 2021 UT App 145 – marital vs. separate property
THE UTAH COURT OF APPEALS GARY LEE FISCHER, Appellant, v. MELISSA KAY FISCHER, Appellee. Opinion No. 20200557-CA Filed December 30, 2021 Seventh District Court, Moab Department The Honorable Don Torgerson …
Do you agree or disagree? Divorce creates chaos in the family.
Divorce generally creates far more chaos in individual families than it alleviates, but sometimes a divorce is the best thing to happen to a family. But that’s like saying sometimes its good…
In re J.P. – 2021 UT App 134 – termination of parental rights
2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.L., Appellant, v. STATE OF…
The way UT courts conduct custody evaluations nowadays is indefensible
The way courts in Utah conduct custody evaluations nowadays is indefensible. There is nothing in UCJA rule 4-903 (the rule governing custody evaluations) that requires a custody evaluation to consist of little…
What affects the outcome of court cases more?
What affects the outcome of court cases more, the relative strengths and experience of the opposing lawyers, actual facts, relevant law, or some other factor? I answer this question in…
Should a parent prorate child support to include the child’s 18th birthday?
What would you think of a parent who makes the last child support payment prorated 7 days because the child’s 18th birthday falls on the 7th? I see nothing illegal…
What has a lawyer said that made you question their expertise?
What’s one thing you’ve heard a lawyer say that made you question their expertise? I was in court for a hearing in a divorce action where opposing counsel objected to…
Why does paternity leave benefit everyone?
I’m not sure it does (and this comes from the father of four children himself). A little paternity leave would do no harm in most cases, but I’m not sure…
Are Licensed Paralegal Practitioners a good idea?
I just received and responded to a survey from Alyx Mark, assistant professor at Wesleyan University and a law and society scholar. After completing the survey, I sent this e-mail to Professor Mark:…
What is a costly part of divorce that almost no one thinks of ahead of time?
Every aspect of divorce. Every single one. Two cannot live separately and divorced for less than they did together. Litigation is mind-bogglingly expensive and protracted. Even an uncontested divorce can…
I have a debit card in my name. Can my parents take it?
I’m assuming that this question comes from someone who is a minor child (i.e., someone who is under the age of 18 and not a legally recognized adult or legally emancipated). This…
How do I find out what my divorce case number was, if I’ve forgotten it?
It’s easy if you know what you’re doing. And if you don’t know what you’re doing, it’s easy to find someone who does know what to do. In many jurisdictions,…
Does greed also have a role in most divorce cases?
In my experience, yes, in most cases. Not all cases, but most cases. And there are varying degrees of greed reflected in the way people approach their divorce cases. Some…
How do you go about getting a copy of your divorce papers?
If you have a lawyer: your lawyer can and should give you a copy. If you don’t have a lawyer: go to the courthouse (if the courthouse is open and allowing members…
Erring on the side of caution is not merely cowardly, it is evil
Erring on the side of caution is not merely cowardly, not merely corrupt, it is evil. We are to look upon it as more beneficial, that many guilty persons should escape unpunished, than…
Do courts penalize working parents?
Why do the courts give full custody to a parent who refuses to work but yet reduces custody of the working parent, saying they work too much? In the belief…
Christmas/Winter Break for Parents Under the Utah Code
Christmas/Winter Break for Parents Under Utah Code § 30-3-35 or (§ 30-3-35.5 for a child 18 months and older) If your Christmas/Winter break starts December 17, 2021 and ends January…
Is the divorce rate rising during the COVID-19 pandemic?
I’ve been a divorce attorney for 25 years, and I don’t see any difference in the divorce rate between the pre-and post-COVID-19 eras. That’s not a scientific study, just anecdotal…
Have you, or someone you know, ever had to share joint custody of a pet due to a breakup/divorce? If so, how did that work out? Was the time actually 50/50?
Many married couples are now foregoing having children but still feel a need for caring for something other than themselves individually and for each other, and so they get a…
Parental alienation
I just read the following comment made by a viewer of my UFLTV parental alienation interview with Kelly Peterson. This viewer wrote, “So basically, parental alienation is proved by documenting the instances…
How do I get custody back of my child if the custodial parent is not keeping the child safe?
The best way to phrase this question is as follows, “How do I get an order awarding custody of our child to me, if I assert as the basis for…
Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures
Law from a legal assistant’s point of view, week 18: Financial Declarations and Initial Disclosures By Quinton Lister, legal assistant My minimal exposure to the legal profession as a legal…
I have no money and a non-cooperative ex, how do I get legal help?
How can I obtain assistance in a custody matter when I have no money and my ex-husband is not following the current court order? In some jurisdictions there are legal…
If two unwed people have a child and split up, is it treated like a divorce?
If two people have a child out of wedlock, and they split up, is it treated like a divorce? I will answer this question for the jurisdiction of Utah. The…
Law from a legal assistant’s point of view, week 17: Fairness
By Quinton Lister, legal assistant Before I started working as a legal assistant I was a philosophy major at BYU. During that time I read a portion of John Rawls treatise on justice. Mr. Rawls…