State In Interest of B.W. – 2022 UT App 131
State In Interest of B.W. - 2022 UT App 131 Court of Appeals of Utah. STATE of Utah, IN the INTEREST OF B.W., J.W., and N.W., persons under eighteen years…
State In Interest of B.W. - 2022 UT App 131 Court of Appeals of Utah. STATE of Utah, IN the INTEREST OF B.W., J.W., and N.W., persons under eighteen years…
My name is Stephanie from flingorlove.com and honestly, I usually wouldn't bother emailing about this, but I researched and gathered as much data and stats as I could about various divorce statistics…
Myers v. Myers 2023 UT App 20 2023 UT App 20 THE UTAH COURT OF APPEALS AMY R. MYERS, Appellee, v. JACOB W. MYERS, Appellant. Opinion No. 20220002-CA Filed March…
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…
2023 UT App 5 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.T., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.K., Appellant, v. STATE OF UTAH,…
My spouse and I have no children together and own no property together. Should I file for a no-fault divorce or for an uncontested divorce? It's not a question of…
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…
Do I have to pay the court to go to trial? I am a divorce and family lawyer. I was asked this question and was a little surprised that this…
Would it be better to botch my hair follicle test so it reads nothing, or allow the judge and the world to see what I've been doing the last 6…
Do attorneys ever have to represent relatives or is that a conflict of interest? I will give my personal opinion (as a lawyer, but not as a lawyer giving anyone…
I don’t know the rules as they apply in different jurisdictions, but I can tell you what the rule is in Utah, where I practice divorce and family law. In…
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…
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…
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…
I have yet to see the best of the best lawyers advertise, and the most likely explanation is that they don’t advertise because they don’t need to advertise. But if…
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…
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…
This blog is in response to a comment made to a video entitled How much should you trust your lawyer? “The biggest problem I've encountered with attorneys isn't legal competence…
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…
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,…
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…
Is there anything illegal about a previous lawyer wanting to charge their ex client for a copy of their case file? I can’t answer for all jurisdictions, but in Utah…
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. …
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…
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…
By Quinton Lister, legal assistant Well, I made it. There was no real worry that I could not do it, but being a legal assistant is not an easy job…
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…
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…
Law from a legal assistant’s point of view, week 51: Should you be a legal assistant? By Quinton Lister, legal assistant One question you might be asking yourself if you…
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): …
By Quinton Lister, legal assistant It has been almost a year since I have started working as a legal assistant to my boss, attorney Eric Johnson. I have learned so…
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…
By Quinton Lister, legal assistant What is the one thing that would help decrease divorce in the United States? I honestly think that commitment to marriage as more than a…
Law from a legal assistant’s point of view, week 48: Personal Statement for Law School By Quinton Lister, legal assistant My time as a legal assistant to attorney Eric Johnson…
2022 UT App 65 THE UTAH COURT OF APPEALS VICKI BECKHAM, Appellee, v. RANDALL BECKHAM, Appellant. Opinion No. 20200935-CA Filed May 19, 2022 Third District Court, Salt Lake Department The…
By Quinton Lister, legal assistant One thing my boss, attorney Eric Johnson, has told me that has had an impact on my view of law is the idea that law…
I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law…
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…
2022 UT App 54 THE UTAH COURT OF APPEALS REBECCA A. HORNE, Appellee, v. TODD D. HORNE, Appellant. Opinion No. 20200845-CA Filed April 28, 2022 Third District Court, Salt Lake…
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…
Is appointing a guardian ad litem a positive tool to help with custody cases? [I will respond to your question based upon my experience with guardians ad litem in Utah,…
By Quinton Lister, legal assistant I work for a divorce attorney, but I am not pro divorce. I understand that if there were no divorces I would be “out of…
What should I say to my lawyer who told me that a motion to dismiss isn't really a thing so we cannot file one? It may be that a motion…
In my experienced opinion: If the fight is over which parent will be awarded sole (full) custody of the children, and if no other factors are considered: the chances of…
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…