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…
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.…
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…
Does your jurisdiction permit people to make use of marijuana recreationally? Or to make use of it with a doctor’s prescription or a “medical marijuana card”? If so, then smelling…
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…
Great question. There are many ways to do this wrong, so let’s start with those. Just tell the teachers and principal and expect them to take your word for it; bring…
I have finished my first week as a legal assistant. In that time, I have been to a few court proceedings. Previous to taking this job as a legal assistant,…
Yes. Utah Code § 30–3–36(2) requires: (2) For emergency purposes, whenever the child travels with either parent, all of the following will be provided to the other parent: (a) an…
2023 UT App 65 - State v. Meyer THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. ELIZABETH LYDIA MEYER, Appellant. Opinion No. 20210718-CA Filed June 15, 2023 First…
2023 UT 11 - In re C.D.S. and W.E.S IN THE SUPREME COURT OF THE STATE OF UTAH STATE OF UTAH, in the interest of C.D.S. and W.E.S., persons under…
The first thing you should know is that I am a writer. I have authored some short stories and some other things you haven’t heard of. I have been a…
2023 UT App 55 - In re F.C.G. THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF F.C.G., A PERSON UNDER EIGHTEEN YEARS OF AGE. L.C.G., Appellant,…
Generally speaking (you will need to confer with an attorney who knows the law governing this question in the jurisdiction where you, the other parent, and the child reside), if…
2023 UT App 11 THE UTAH COURT OF APPEALS DAVID WELLMAN, Appellee, v. KRISTIN KAWASAKI, Appellant. Opinion No. 20210265-CA Filed February 2, 2023 Fourth District Court, Provo Department The Honorable…
While visiting a lawyer’s website is not a bad place to look for answers to this question, it is not the best. If you want to know the divorce laws…
This is a good but very broad question. Here, in a nutshell, is a good way to start learning the answer: If you want to know the divorce laws in…
What is the likelihood of reverting to 50/50 custody when the parents live in the same neighborhood? Mom still cares for the child over 80% Your question states in part,…
I cannot speak on what the law is in every jurisdiction, but according to Utah (Utah is where I practice divorce and family law), the answers are: If by “breakup”…
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…
In Utah (where I practice divorce and family law), there is more than one way to transfer title to the marital home (assuming the parties own a home), but the…
Of a sort, and depending upon the particular state, yes. In some places children (minor children, those who are by law deemed incapable of consenting to marry) can marry with…
Here is a summary of new law affecting divorce and family law that was created by the Utah State Legislature in 2022: HB (House Bill) 122 1st Substitute, entitled “Family…
How difficult is it to get a divorce from a spouse who disappeared +10 years back? No note, no trace, no explanation. If you urgently need to remarry, what processes…
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…
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…
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. …
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 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District…
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…
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…
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…
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…
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…
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…
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…
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 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…
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 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…
I can’t speak for all jurisdictions, but I can tell you that in the jurisdiction where I practice divorce and family law (Utah), currently the child’s preference for one parent…
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 THE UTAH COURT OF APPEALS JAZMIN S. TWITCHELL, Appellee, V. JOSEPH N. TWITCHELL, Appellant. Opinion No. 20200546-CA Filed April 14, 2022 First…
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…
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…
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…
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…