How can I make sure father won’t gain custody?

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…

Continue ReadingHow can I make sure father won’t gain custody?

How do you protect your assets from divorce, lawsuits, etc.?

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…

Continue ReadingHow do you protect your assets from divorce, lawsuits, etc.?

Do you think it’s fair for a non-custodial parent to pay more child support?

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,…

Continue ReadingDo you think it’s fair for a non-custodial parent to pay more child support?

Is it possible to get court transcripts for custody hearings?

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. …

Continue ReadingIs it possible to get court transcripts for custody hearings?

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?…

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

Fox v. Fox 2022 UT App 88 – alimony

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…

Continue ReadingFox v. Fox 2022 UT App 88 – alimony

Can you get a post-judgment interest rate higher than the statutory rate?

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,…

Continue ReadingCan you get a post-judgment interest rate higher than the statutory rate?

Do both parties have to sign the paperwork for a divorce to be granted?

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…

Continue ReadingDo both parties have to sign the paperwork for a divorce to be granted?

Nix v. Nix – 2022 UT App 83- insufficient evidence of adultery

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…

Continue ReadingNix v. Nix – 2022 UT App 83- insufficient evidence of adultery

What are the significant changes to family law in the past two centuries?

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): …

Continue ReadingWhat are the significant changes to family law in the past two centuries?

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…

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

Beckham v. Beckham, 2022 UT App 65

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…

Continue ReadingBeckham v. Beckham, 2022 UT App 65

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…

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

Horne v. Horne – 2022 UT App 54 – 60(b) motion to set aside

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…

Continue ReadingHorne v. Horne – 2022 UT App 54 – 60(b) motion to set aside

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…

Continue ReadingHow can I help my stepdaughter get away from an abusive mother?

Is appointing a guardian ad litem helpful in custody cases?

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,…

Continue ReadingIs appointing a guardian ad litem helpful in custody cases?

What are the chances of a mother getting full custody?

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…

Continue ReadingWhat are the chances of a mother getting full custody?

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…

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

Why isn’t 50/50 custody the default resolution in child custody cases?

I have studied this question throughout my career, and I've been a divorce and family lawyer for 25 years. If there is one family law question to which I know…

Continue ReadingWhy isn’t 50/50 custody the default resolution in child custody cases?

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…

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

Twitchell v. Twitchell – 2022 UT App 49 – child custody and support

Twitchell v. Twitchell - 2022 UT App 49 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First…

Continue ReadingTwitchell v. Twitchell – 2022 UT App 49 – child custody and support

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…

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

Knowles v. Knowles – UT App 47

Knowles v. Knowles - UT App 47  THE UTAH COURT OF APPEALS  DUANE CROFT KNOWLES, Appellant, v. CELIA FERN KNOWLES, Appellee.  Opinion  No. 20200032  Filed April 7, 2022  Second District…

Continue ReadingKnowles v. Knowles – UT App 47

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…

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

In re Adoption of E.M.F. – 2022 UT App 43 time in which to appeal

In re Adoption of E.M.F... - 2022 UT App 43 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF E.M.F. AND M.S.F., PERSONS UNDER EIGHTEEN YEARS OF…

Continue ReadingIn re Adoption of E.M.F. – 2022 UT App 43 time in which to appeal

Law from a legal assistant’s point of view, week 37: Arb-med

By Quinton Lister, legal assistant  I have mentioned in previous posts that I am interested in the field of alternative dispute resolution, or “ADR”.   What is ADR? Its any means…

Continue ReadingLaw from a legal assistant’s point of view, week 37: Arb-med

How can I enforce my power when I have final say in joint custody?

My sons father and I have joint custody but I have final say over his well being health and education. How can I enforce my power?  If you are asking: “How do I enforce in good…

Continue ReadingHow can I enforce my power when I have final say in joint custody?

Law from a legal assistant’s point of view, week 36: Planning

By Quinton Lister, legal assistant  Planning is something that I have always aspired to do in my life but being a legal assistant has helped me realize that there is…

Continue ReadingLaw from a legal assistant’s point of view, week 36: Planning

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…

Continue ReadingHow do you win a case against your ex for false accusations?