A fair and equitable divorce is the best that any decent person who goes through the divorce process can honestly hope for. If you know you that you will be dealing…
Does Utah law require divorced or single parents to pay child support in the form of college tuition for their children? Require it? No. Utah does not require divorced or single…
As you know, we’re operating in a drastically different real estate market than we were even a year ago — and it’s impacting divorcing homeowners in unique and challenging ways.…
In theory, collaborative divorce sounds ideal. What is "collaborative divorce"? The two spouses discuss together with their lawyers, mental health professional, financial specialist, and sometimes a child psychologist or development specialist…
Are there any potential drawbacks to switching lawyers, besides the added expenses and inconvenience? There are good reasons to switch lawyers, even if you realize this mid-case. That stated, there…
Contrary to popular belief, Utah law does not, as of the time I write this post (April 2025), presume that the physical child custody award will be equal (50/50). Utah law presumes that legal child…
Where both parents are fit parents and want to be as involved as possible in rearing that child—both out of a personal interest in enjoying parenthood and out of commitment…
My wife had an affair, got caught when she got pregnant by her lover, and then separated from me to move in with him. She had the baby and she…
Question: Should I pay my lawyer to talk to the opposing party’s attorney? He spent 3 hours last week responding to 12 emails from opposing counsel and I need to…
I'm beginning to realize that the amount of subjectivity involved with custody evaluation findings and conclusions is almost absolute, when you have two fit parents; meaning that somebody could ask…
We’ve all heard some version of this story: the dramatic, knock-down, drag-out divorce. Where every move is a power play and every lawyer is part strategist, part saboteur. If you're…
There are actually three different but related types of child support in Utah for divorced and unmarried parents who obtain child support orders either through administrative means or through a…
Some spouses will absolutely exploit the legal system to gain an unfair advantage in divorce proceedings. It's crucial to recognize the manipulative tactics your spouse might employ against you—even if…
As a legal assistant at a family law firm (and as a soon to be law school graduate), I see firsthand how the current no-fault divorce regime can create problems…
If you are a fit parent (not abusive, not neglectful, not suffering from any disability that renders you unable to provide the care and support the child needs, and can…
A house does not need to be vacant to be appraised and evaluated. The appraiser(s) can inspect and evaluate the house while you're spouse or ex-spouse is still living there…
Divorce is for most people a very stressful and emotional process. If you are ready to hire a divorce attorney, knowing how to approach working with your attorney can significantly…
No one is required to hire a lawyer to represent him/her in a child custody dispute. If you are involved in a termination of parental rights or child abuse case…
When you're involved in a family law matter whether it's a divorce, child custody dispute, or a spousal support issue, one of the most frustrating challenges to encounter is an…
Yes, they can. Not merely agreements, but binding and enforceable court orders can be made by the court to address such an issue too. They are hard to enforce (because…
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…
Find the best lawyer you can and start there; meet with a skilled, diligent, honest lawyer and find out about the divorce process, it’s benefits and detriments, its risks and…
I can identify the problem by phrasing it in the form of several hypothetical questions to a judge: Is the approach to the allegations going to be, “Because these kinds…
What can a father do if, after the divorce, the mother, who has custody of the child, turns the child against the father? What can he do? There are many things he…
A house does not need to be vacant to be appraised and evaluated. The appraiser(s) can inspect and evaluate the house while you're spouse or ex-spouse is still living there…
I cannot answer this question as it applies to all jurisdictions, but I can answer it as it applies to the jurisdiction where I practice family law (Utah): Merely because you are…
Warning: my answer is blunt, and it is directed primarily at women/mothers who make (or contemplate making) false claims, but even if you are not making or contemplating making a…
As soon as we start treating people differently, two things happen: 1) the idea of people being treated equally goes out the window and 2) everyone starts claiming, “My case…
If (or when) you find yourself in the midst of a divorce, you will likely feel like you're caught in a whirlwind of different forces pushing and pulling on you.…
It is common for many to be dissatisfied with the results of their family law cases. No matter how hard they fought or how long they worked at it, sometimes…
In family law proceedings, particularly those involving child custody disputes, courts frequently order parents and children to engage in mental health therapy. While the ostensible intent behind these orders is…
Several important provisions are frequently overlooked in divorce decrees, despite their significant impact on post-divorce life. If you are contemplating divorce, but have not considered these issues yet, thinking them…
Do judges in family court actions have the ability to jail parents who have not complied with parts of the custody order for contempt? Yes. What are the limitations on…
Divorce confronts one with many complex issues, emotional strain, uncertain outcomes, and often gut-wrenching decisions. One question that most divorcing people do not consider when they retain the services of…
This is a good question because the way you have posed the question reflects the problem many people have with the legal system. Your feeling may stem from the court…
In legal disputes over the physical custody and parent-time awards, minor children have the greatest stake in the outcome. Minor children who are mature and intelligent enough to articulate their knowledge…
This is an extremely good question because I am amazed (as a divorce and family lawyer who has been in practice for 28 years) how divorcing couples and parents communicate…
Great, great question. First, fairly and accurately. Do not selectively cite the other parents communications with you and with others. If you do that, your credibility suffers. Second, relevantly. So…
If a parent has sole or primary physical custody of the children, then not only does that parent typically not end up having to pay child support to the other…
Divorce is hard enough on spouses, but perhaps the most painful impact is on their children. The last thing you should do is create confusion, fear, and emotional scars in…
With rare exception, the correct answer to any yes/no question (also known as a polar question) in your family law proceeding is: “yes,” “no,” or “I don’t know/I don’t remember”…
“Quid rides? Mutato nomine et de te fabula narrator. [Why do you laugh ? Change only the name and this story is about you.]” Here’s a deeply disturbing but all…
Most predictably and intuitively: They can take advantage of their greater knowledge of the law and court rules to make better arguments and to outmaneuver you in a case, whether…
I like this idea (House Bill 281) https://le.utah.gov/Session/2025/bills/static/HB0281.html Do you like it too? If not, I'd like to know why. Schools are being asked to provide services that have nothing…
Why is divorce so often like a knife fight? Not a literal one, of course, but a figurative battle where the first move can have lasting—often devastating—consequences. Have you ever…
When it comes to divorce trials, one of the most pivotal decisions you’ll make is who to call as a witness. Testimony from well-chosen witnesses can offer critical insights into…
What is shuttle mediation (and yes, you’ll want to know before you go to mediation)? Shuttle mediation is a process where a mediator moves back and forth between two parties…
We won’t keep you in suspense: yes, you might be able to buy a house before or during the pendency of a divorce case. However, in most cases, you should not.…
2025 has comparatively fewer proposed family law bills that in recent years, but there are still some important and interesting proposals. Here is a list of the proposed bills pertaining…
I will answer this in the context of the way this issue is treated in my jurisdiction (Utah). First, understand that to prevail on a claim in court, you must…