What are the primary parenting issues of concern by the court?
What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections…
What can you do if your ex-husband does not want to pay school fees?
What can you do if your husband does not want to pay school fees for his children when you are divorced? First, it is not necessarily a given that a…
What is MyCase and why should I care?
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…
If you get a divorce but everything is in your name, do you have to split it?
If you get a divorce but everything is in your name, do you get to keep everything or do you have to split it? I will answer your question in…
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,…
Can someone legally move out without notice and turn off utilities?
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…
Can a parent with full custody deny visitation due to unsanitary conditions?
Can a parent with full custody refuse to allow visitation due to unsanitary living conditions? Good question. I will answer this question in the context of some applicable law for…
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. …
Can I gain full custody if I’m bipolar?
I don't want anything to do with my child's father. Can I gain full custody if I'm bipolar? First, thank you for being so candid and blunt. This is a…
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…
Can you go back to your ex-spouse after a divorce?
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…
Are divorce records public?
I cannot speak for all jurisdictions, but for the jurisdiction where I practice divorce law the answer is “yes”. See Utah Code § 30-3-4(2)(b): §30-3-4. Pleadings--Decree--Use of affidavit--Private records (b)…
Is there anything that can surprise a judge during a divorce proceeding?
Is there anything that can surprise a judge during a contested divorce proceeding? Of course. We’ve all read about cases where all of the circumstantial evidence indicated the defendant is…
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,…
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…
How do you prove duress in a divorce?
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…
Abortion banned (except in certain circumstances) in Utah, effective June 24, 2022
Today, June 24, 2022, the U.S. Supreme Court overturned the decision from the 1973 case of overruled Roe v. Wade which had (until today’s decision of the Supreme Court) ruled…
Can I get an annulment instead of a divorce?
Many people call me asking about whether they can get an annulment instead of a divorce. Their reasons are almost always the same: "I would prefer to say that I…
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…
How easy is it to change your child’s last name?
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…
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…
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,…
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…
What should the child support award be if my ex makes $1,200 per week?
Should I be receiving more than $300 a month in child support if my ex-husband makes $1,200 per week? Each jurisdiction has different child support laws and rules, but I…
What is the argument for hearing a child’s view in a custody decision?
What argument supports taking the views of a child into account when making custody determination? The argument is this: the judge cannot determine if such evidence is relevant if the judge never…
What is a CMA?
This blog post was written by a real estate agent for us. CMA stands for Comparative Market Analysis and is a report meant to reflect the market value of a…
Can I force my spouse to divorce me?
I know of no legal way to force your spouse to filed for divorce against you, but you may not be aware of the fact that your spouse cannot prevent…
Can a parent take kids out of state while divorce is pending?
Can a parent who has filed for divorce and moved out with her 2 children now take her children for a week to another state for Thanksgiving, or will it be…
How long after my divorce am I considered single?
I can’t speak for all jurisdictions, but for the jurisdiction where I practice divorce law (Utah), the answer is that you are considered single as soon as the court issues…
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…
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…
Corona-Leyva v. Hartman – 2022 UT App 45 – civil stalking injunction
Corona-Leyva v. Hartman - 2022 UT App 45 THE UTAH COURT OF APPEALS SERGIO CORONA-LEYVA, Appellee, JESUS HARTMAN, Appellant. Opinion No. 20200948-CA Filed April 7, 2022 Fourth District Court, Provo…
Widdison v. Widdison – 2022 UT App 46 – custody modification
Widdison v. Widdison - 2022 UT App 46 THE UTAH COURT OF APPEALS NICOLE WIDDISON, Appellant, LEON BRYANT WIDDISON, Appellee. Opinion No. 20200484-CA Filed April 7, 2022 Third District…
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…
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…
How easy is it to change your child’s last name?
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…
Do I need to show up for court if I was never served papers?
Do I need to show up for court if I was never served papers? I live in South Carolina. I cannot speak for or about the jurisdiction of South Carolina…
Law from a legal assistant’s point of view, week 35: International Law
By Quinton Lister, legal assistant In light of recent events in Russia and Ukraine, I have been thinking a lot about the nature of international law. In situations like these,…
Noel v. James – 2022 UT App 33 – civil stalking injunction
Noel v. James - 2022 UT App 33 THE UTAH COURT OF APPEALS MICHAEL EARL NOEL, Appellee, v. WILLIAM THOMAS JAMES, Appellant. Opinion No. 20200565-CA Filed March 10, 2022 Sixth…
Does Utah ORS collect childcare by garnishing a paycheck?
Does the Utah Office of Recovery Services (ORS) collect childcare monthly reimbursement by garnishing a paycheck like it can to collect monthly child support? No. ORS does and cannot collect…
Law from a legal assistant’s point of view, week 34: Electing judges
Law from a legal assistant’s point of view, week 34: Electing judiciary officials By Quinton Lister, legal assistant I mentioned in a previous post that if I were to build…
In re J.L… 2022 UT 12 – termination of parental rights
2022 UT 12 IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, in the Interest of J.A.L. and J.O.L., Persons Under Eighteen Years of Age J.L. and…
Must I hand a cop my license, or just show it?
I get this question a lot, and frankly, I am curious to know the answer myself: If you have a dedicated sleeve in your wallet that holds your driver license…
Do I need to show up for court if I was never served papers?
Do I need to show up for court if I was never served papers? I live in South Carolina. I cannot speak for or about the jurisdiction of South Carolina…
Law from a legal assistant’s point of view, week 32: If I could redo the legal system
By Quinton Lister, legal assistant My boss, Eric Johnson, a divorce attorney, thought it might be a good blog post to write about what I would do if I were…
In re J.P. – 2021 UT App 134 – termination of parental rights
In re J.P. - 2021 UT App 134 2021 UT App 134 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.P. AND T.P., PERSONS UNDER EIGHTEEN YEARS…
2022 UT App 15 – Miller v. DaSilva – protective order objections
2022 UT App 15 - Miller v. DaSilva http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Miller v. Dasilva20220203_20200719_15.pdf THE UTAH COURT OF APPEALS LISA M. MILLER, Appellant, v. AMY ELIZABETH DASILVA, Appellee. Opinion No. 20200719-CA Filed February…
More proposed family law-related proposed laws 2022 Utah
More proposed family law-related proposed laws from the 2022 Utah Legislative Session Last week I covered four family law bills proposed during the 2022 session of the Utah State Legislature.…
Law from a legal assistant’s point of view, week 30: Good Judges
By Quinton Lister, legal assistant In the course of my 7 months as a legal assistant to a divorce attorney in Utah, I have already shared some of my thoughts…
What to do when child won’t comply with the custody award?
What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…