How to Avoid Being Called a Liar in a Utah Case By Braxton Mounteer

Who would you believe more in a court case: a person who admits to his/her faults, who honestly discloses all of his/her relevant information (even the information that hurts his/her…

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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…

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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…

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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…

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How Creative Writing and Legal Writing are Connected By Braxton Mounteer

How one writes in the legal world and how one writes in the world of creative are both very similar and very different. When I became a legal assistant, I thought…

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If One Parent Gets Primary Custody, Does This Mean That He/She Can Make All Decisions Regarding the Kids Without Any Input From the Other Parent?

There are two kinds of child custody, not just one. Those two different kinds are legal custody and physical custody. Legal custody is the power of a parent to make…

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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…

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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,…

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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…

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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…

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How Are Family Law Attorneys Expected to Handle a Decision Made by the Judge? Do They Call Their Client and Explain It? Do They Have Their Office Manager Send the Decision to Their Client Without Explanation?

This is a great question because it is so basic, yet so important. These are the kinds of questions a client needs to have answered understood before he or she…

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Is It a Conflict of Interest and Is It Unethical if I Saw My Divorce Attorney Hug My Husband in Court?

Not likely. Black's Law Dictionary (11th ed. 2019) defines conflict of interest as: A real or seeming incompatibility between the interests of two of a lawyer's clients, such that the…

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What advice would you give to someone who has just started a divorce?

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…

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When it comes to divorce and family law firms, never hire on faith and hope

Do your research with due diligence. Interview a lot of different firms and attorneys (I’m talking 5 to 10, not just 2 or 3—you’ll never get a feel for the…

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Why are so many attorneys seemingly against legal separation?

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…

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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…

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What will the court do if I do not sign a letter sent by my ex-husband?

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…

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Is it easier to get a divorce if you and your spouse have nothing shared?

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…

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Would the divorce rate drop if the parties had to see a psychologist first?

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?…

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What is the proper way to request a change of the child custody order?

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…

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How would my fiancé go about getting any sort of custody for his child?

That is an extremely broad question. The best way to start: find a good domestic relations lawyer (a good one, not just any) and schedule a consultation with him/her so…

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Law from a legal assistant’s point of view, week 46

Law from a legal assistant’s point of view, week 46: Simplify, but do so Elegantly  By Quinton Lister, legal assistant   As a legal assistant to a divorce attorney, I find…

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How can I help my stepdaughter 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…

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Law from a legal assistant’s point of view, week 44: Mountains

By Quinton Lister, legal assistant  One prominent geographical feature of Utah (where I am a legal assistant for a divorce attorney) is the mountains that surround the cities and towns…

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What if your client gets custody when they should not have, due to you?

What should you do if you represented a client in a divorce who should not have gotten the kids, but got them due to your ability?  We have a word…

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Law from a legal assistant’s point of view, week 40

Law from a legal assistant’s point of view, week 40: Recording family law hearings By Quinton Lister, legal assistant My time as a legal assistant to a divorce and family…

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Law from a legal assistant’s point of view, week 39: Judges, part III

By Quinton Lister, legal assistant  For those following along at home, you are aware that I have posted about judges before. Through the course of my current employment as a…

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Law from a legal assistant’s point of view, week 38: Arb-med, part II

By Quinton Lister, legal assistant Last week I wrote a post about Arb-med and how it can benefit practitioners of law, particularly family law. In this post I will be…

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