Should You Get Divorced? Weighing Your Options in a Difficult Decision By Braxton Mounteer, Legal Assistant

The decisions to marry and to end a marriage are not decisions to be taken lightly. If divorce is ever an easy choice, something is terribly wrong. Wrong with the…

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Dividing Personal Property In Your Divorce Is Not As Hard As It Seems By Braxton Mounteer, Legal Assistant

During the course of a marriage, you will accumulate marital property, and during your divorce, you will need to divide those items. You may be tempted to bicker over every…

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Why All Communications with Your Former Spouse Should be in Writing By Braxton Mounteer, Legal Assistant.

Even if you trust your former spouse to deal with you honestly and in good faith in any matter pertaining to your divorce, why should you communicate in writing with…

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What Is the Benefit of a Legal Separation (Separate Maintenance) or a Temporary Separation Order in Utah?

Many people ask what the benefits of a legal separation are. Aside from the obvious "it gives us the option of staying together, if we want to," are there other…

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What’s wrong with divorce mediation in Utah?

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…

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What happens in court if I file for divorce but my husband has an active case on me for child support? Will I get the child?

Whether you “get the child” (meaning whether you will be awarded physical custody of the child) has little to no relevance to the fact that your spouse is seeking child…

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Divorce and Social Media By Braxton Mounteer

Most people fundamentally misunderstand what the Internet and social media are. Many believe that social media is a web of interconnections where you can send and receive updates about your…

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What Must the Juvenile Court Consider on a Petition to Terminate a Parent’s Parental Rights?

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.…

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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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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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U.S. Marriage and Divorce Statistics

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…

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What do I do if my husband will not agree to a marriage separation but I desperately need a separation (he’s emotionally and mentally abusive)?

I cannot speak for the law in all jurisdictions governing divorce and separation, but I can tell you what the law is for the jurisdiction where I practice (Utah):  One…

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What do I do if my husband will not agree to a marriage separation but I desperately need a separation (he’s emotionally and mentally abusive)? 

I cannot speak for the law in all jurisdictions governing divorce and separation, but I can tell you what the law is for the jurisdiction where I practice (Utah):  One…

Continue ReadingWhat do I do if my husband will not agree to a marriage separation but I desperately need a separation (he’s emotionally and mentally abusive)? 

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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Fischer v. Fischer – 2021 UT App 145 – marital vs. separate property

THE UTAH COURT OF APPEALS  GARY LEE FISCHER, Appellant, v. MELISSA KAY FISCHER, Appellee.  Opinion  No. 20200557-CA  Filed December 30, 2021  Seventh District Court, Moab Department  The Honorable Don Torgerson …

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Good news, for parents deserving of joint equal physical custody

Good news, apparently, for parents deserving of joint equal physical custody of their children but who have, up until now, been fighting an unfair, unnecessarily uphill battle. The Utah Legislature passed,…

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