I will answer this question in the context of Utah law because I practice law in Utah. The term “prenuptial agreement” means “an agreement between prospective spouses made in contemplation…
Many people wonder whether they must file for divorce in the state (or even the country) where they were married, even if they never resided there or no longer reside…
Blake v. Smith - 2023 UT App 78 2023 UT App 78 THE UTAH COURT OF APPEALS DEJUAN BLAKE, Appellee, v. JILLYN SMITH, Appellant. Opinion No. 20210779-CA Filed July 20,…
State v. Hararah - 2023 UT App 77 2023 UT App 77 THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. HOUSTON RAEFAT HARARAH, Appellant. Opinion No. 20220276-CA Filed…
Before terminating a parent’s rights, the court must find that termination is “strictly necessary to promote the child’s best interest.” This analysis must be undertaken from the child’s point of view.…
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…
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…
This is a more complex question than it might at first appear. First, we need to address the matter of people who confuse beliefs with facts. If I had a…
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…
Unless a court were to order that a parent was barred from traveling out of state or out of the country with the children on vacation, a joint legal and…
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…
In re K.R. - 2023 UT App 75 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF K.R. AND R.B., PERSONS UNDER EIGHTEEN YEARS OF AGE.…
In re M.S. - 2023 UT App 74 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF M.S., A PERSON UNDER EIGHTEEN YEARS OF AGE. R.S. AND…
After working in civil law for a short time (specifically, in divorce and family law), I think that many people have the wrong idea about justice and the court system.…
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…
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…
Read this article to learn about how the Utah Supreme Court is hearing arguments about elective abortions in Utah and which rights are protected in the state. ; https://www.sltrib.com/news/politics/2023/08/08/does-utah-constitution-protect/
This is a good question and one that arises frequently in one form or another; a parent either can’t or won’t provide personal care and supervision of the parties’ children…
Judge orders lawyers in Kouri Richins cases to limit what they say to press Prosecutors had initially requested a more substantial gag order, citing “overwhelming media interest.” by Jordan Miller,…
2023 UT App 60 - Martinez v. Sanchez-Garcia THE UTAH COURT OF APPEALS DAISY MARTINEZ Appellant, v. FERNANDO SANCHEZ-GARCIA, Appellee. Opinion No. 20210829-CA Filed June 2, 2023 First District Court,…
2023 UT App 48 - Anderson v. Deem THE UTAH COURT OF APPEALS ELLIE ANDERSON, Appellant, v. JACKSON DEEM, Appellee. Opinion No. 20210558-CA Filed May 11, 2023 Fourth District Court,…
2023 UT App 62 - Cox v. Cox THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District…
What can I legally do if my child's mother picks up our child in an Uber without a car seat? She is 5 years old, about 50 lbs. She is…
Do abusive parents get sole custody of their children, even when their children don’t want them to have it? If the children want to stay with a relative who can…
2023 UT App 38 THE UTAH COURT OF APPEALS STASHIA NELSON, Appellee, v. ISAAC SCOTT NELSON, Appellant. Opinion No. 20210345-CA Filed April 13, 2023 First District Court, Logan Department The…
2023 UT 4 IN THE SUPREME COURT OF THE STATE OF UTAH TAYLOR LYNN SCOTT, Respondent, v. SARAH CATHERINE BENSON, Petitioner. No. 20210922 Heard October 3, 2022 Filed April 20,…
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…