Quote by Share F. Cullen
"Our laws can be friendly to those who obey them, and too often useful to those who don't." Share F. Cullen
"Our laws can be friendly to those who obey them, and too often useful to those who don't." Share F. Cullen
I’m Braxton Mounteer, a legal assistant. I've written and talked about this problem before, but it's a recurring problem and a serious one. It's hard enough to muster the courage…
When a PGAL (private guardian ad litem) is appointed to represent children in a child custody dispute in a Utah divorce case, it would sure be good to know what…
I recently accompanied my boss to the trial of a divorce case. If I had had to place a bet on what the judge was thinking at given moment or…
Talk to a good (a good) lawyer about whether you even have the right to “inherit” from your ex-husband’s brothers. Unless there are bizarre circumstances at work here, odds are…
Yes. Many women (not all, but many more than we'd like to believe unquestionably lie and make outright false or grossly exaggerated domestic violence claims. The temptation to tell such…
Can it be overturned? It is possible. Will it be overturned? The odds don’t favor Dad. While some fathers who are falsely accused do obtain vindication, the odds are against…
The family law legal system likes to portray itself as a shining beacon of justice and equity, but I have seen first-hand that it is not. Whether it is opportunistic…
When a custody evaluator and/or private guardian ad litem is/are appointed in a divorce case in which custody and parent-time of the children is disputed, they usually interview the children…
If you want just my direct answer to this question, skip to the last paragraph, but I submit that you’ll have a much better understanding of the answer if you…
Probably. The schemes and technology for providing fake urine samples have advanced so much and are available so easily to everyone that most urine collection that courts order is observed…
Yes. A hearing is not the same as a trial. While there may be some similarities, they are not the same thing and do not accomplish the same objectives. The…
Recently an attorney posed a question on a forum for fellow Utah family law attorneys. The question involved how to find out what the children’s experiences have been with one…
Whether you believe that everyone needs (or could benefit from) therapy or that it is only for the most dysfunctional families, you, like most people, likely agree some therapy has…
The point of a psychological evaluation isn’t to establish if someone merely suffers from any mental or emotional disorder or disorders, but to help determine whether such disorders, if they…
Do you want to know where the real money is most often made in divorce and family law cases? Child custody and parent-time disputes, hands down. Rarely do the parents…
Thomas Sowell said (in a discussion of politics and governance), “There are no solutions. There are only tradeoffs, and whatever you do to deal with one of man's flaws it…
Like winning the lottery, it does happen, but not very often. Parties rarely fail to appear for proceedings in family court. But if and when they do, the court can…
Today’s post on proposed family law legislation under consideration during the 2024 Utah legislative session is House Bill 140 (HB0140 (utah.gov)), “Amendments to Custody and Parent-Time”. This bill, according to…
Today’s blog post reviews House Bill 131 (HB0131 (utah.gov)), entitled “Clergy Child Abuse Reporting Requirements”. It proposes changes to Utah Code § 80-2-602, the law governing when members of the clergy are…
I received a notice from opposing counsel that looks (or contains) something like this: “You are hereby notified of your responsibility to appear personally or appoint counsel.” What does this…
Here is a list of the current proposed family law legislation for the 2024 Utah State Legislative session, along with a (very) brief description of the proposed legislation. If you…
I can answer this question in the context of the law of Utah, which is the jurisdiction where I am licensed to practice divorce and family law. To learn the…
You have to show that the trial court that made the child custody decision committed an appealable error. Many people believe that an appeal of a trial court’s decision is…
In the jurisdiction where I practice divorce law (Utah), the law is NOT that joint debt incurred during the marriage will presumptively remain the debt of both spouses (and thus…
You have just been served with a summons and complaint (or petition) for divorce. Now have to traverse the minefield that is finding a good divorce attorney. It's harder to find a…
Let’s discuss this principle in the context of DUIs, but the principle applies in any situation in which you could be questioned in regard to any crime. What is hard…
Much. And much that you can prevent, once you know what to avoid, what to do, and why. Profiteering mediators. It’s hard to find anyone selling goods or services these days…
Most attorney websites that contain “articles” on prenuptial agreements aren’t really articles but thinly veiled sales pitches for prenuptial agreements. This post is not one of those. I have always…
You may be asking yourself, why should I order from the court a copy of the audio recordings of my court hearings? Shouldn’t the court's own notes in the written…
Before you read another word, know this: the answer in these situations is, “It depends on many and varying factors.” Nobody likes that kind of answer, but it’s the truth…
I know you want to believe that divorce mediation is the trick to a fast, easy, cheap, amicable divorce. I know you want to believe this, and we know why.…
To those of you who ask, “How did I lose that argument in my divorce case? The judge couldn’t say why he/she believed my witness(es) over my spouse’s witness(es)!”: A district…
In my time as a legal assistant in the family law profession, I have observed many different kinds of client behaviors, some better than others. Those behaviors that cause the…
Confer with an attorney in the jurisdiction where you and/or the other parent now reside who has knowledge and experience with registering foreign divorce and child custody orders in the…
Research is hard to come by. Reliable research even harder. But here is what I could find in short order (how accurate it is I cannot say): https://psycnet.apa.org/record/2017-23543-004 Maybruch, C.,…
You have just decided to file for divorce. Or perhaps you have been served with divorce papers. At some point early on in the process you will likely think to…
Special masters and parent coordinators (and co-parenting therapists, co-parent coaches/consultants, and their ilk) were invented for the purpose of unburdening courts from some of the conflict associated with domestic relations…
As any attorney can do with any client, a PGAL clearly has the right to argue on a child client's behalf, and the Utah Code makes clear that a PGAL…
As any attorney can do with any client, a PGAL clearly has the right to argue on a child client's behalf, and the Utah Code makes clear that a PGAL…
Utah Code § 78A-2-705 provides that, “The court may appoint an attorney as a private attorney guardian ad litem to represent the best interests of the minor in any district…
You have just decided to file for divorce. Or perhaps you have been served with divorce papers. At some point early on in the process you will likely think to…
In every Utah divorce case, the parties must prepare what is known as a financial declaration. The parties to a divorce action are required by the rules of court to…
I had lunch today with a former legal assistant of mine who is now a law student in Arizona. Over the summer he shadowed judges in Maricopa County during their…
The Utah State Legislature passed this into law an amendment to Utah Code § 77-36-2.1, which was effective May 3, 2023. The newly amended code section now requires police officers to…
Family law is, for most lawyers, a miserable practice area. You have to have the right personality and constitution for it. If you want to be a family lawyer to…
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…
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…
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…