Sometimes a business is a marital asset. When the value of a business that is a marital asset is divided in divorce, the question of the “goodwill value” of the…
Divorce is corrosive. What it does not destroy it almost always affects adversely whatever it touches. The things that survive divorce’s initial devastation are forever changed. This effect is seen…
I had lunch today with a former legal assistant of mine who is now a law student in Arizona. Over the summer he shadowed judges in Maricopa County during their…
Question: I am ordered to pay child support to my ex. My ex and I are both ordered to share the cost of our child’s health, medical, dental, and hospital care…
The Utah State Legislature passed this into law an amendment to Utah Code § 77-36-2.1, which was effective May 3, 2023. The newly amended code section now requires police officers to…
Family law is, for most lawyers, a miserable practice area. You have to have the right personality and constitution for it. If you want to be a family lawyer to…
It does not matter whether or how the legal system could support or better support parents who lose child custody cases because it is not the purpose of the legal…
Absolutely. No question about it. Now, don’t confuse “he has every right to ask for receipts” with “he has every right to receipts”. If a child support payor (known in some jurisdictions as the…
You have just received an email from your lawyer about a deadline that your lawyer needs your help to meet. What should you do? You are already extremely busy with your life and…
That is a great question. Most lawyers who have tried being divorce and family lawyers hate it and abandon it for other practice areas. I can tell you why I…
Your spouse must be served with the summons and divorce complaint or petition before the case can proceed. In my jurisdiction (as I believe it to be the case in…
Effectively, you can’t. You might be able to verify whether your lawyer is telling the truth about his/her winning record if the lawyer is willing to give you the information…
One of the hardest documents for a Utah divorce litigant to prepare is the financial declaration. I am amazed at the number of clients who don't take this document and…
Lawyers’ reputation for lying is, unfortunately, well-founded. There is a Bosnian proverb, “He who will lie for you will lie to you.” Lawyers who lie for their clients (and there…
Some do (if you can imagine an attorney doing something like that, it’s probably already been done), but they’re outliers, and they are violating both the law and the rules…
The term for representing yourself in court is "pro se" or "pro per". Can you navigate the legal system successfully without a lawyer representing you in your case? Before I…
The documents your attorney tells you that you must prepare for your case are, in fact, documents that you must prepare for your case. Failure to prepare them and to…
2023 UT App 95 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF M.M., A PERSON UNDER EIGHTEEN YEARS OF AGE. A.M., Appellant, v. STATE OF UTAH,…
So, you have gotten news that your attorney has quit. Your attorney wrote you an email informing you that he or she your counsel either will soon withdraw as your counsel…
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…
I will answer this question in the context of Utah law because I am licensed as an attorney and practice divorce and family law in the state of Utah. For…
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…
It could mean many things when a parent avoids a legal fight in court for child custody. To identify a few things, it could mean: that the parent does not…
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…
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…
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…
If the court does not have jurisdiction to issue an order to the school district or has issued a defective order, then the school district has every right to oppose…
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…
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,…
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,…
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…
Great question. Your question helped to clarify something I have started to notice more and more among many people who are not divorce and family law attorneys or experienced in…
What you are asking about is called “impeaching” the witness. There are many ways to impeach a witness. One way is to ask him or her questions to which the…
In response to this question, "Have you ever thought someone was making a mistake by getting a divorce?,” I stated (and I summarize here) some people need to divorce. It’s…
I cannot answer this question as to what law applies in all jurisdictions, as I am not licensed to practice law in all jurisdictions, but I will be happy to…
I can answer this question as the law applies in the jurisdiction where I practice divorce and family law (Utah), and you may find my answer useful in conducting the…
Can my non-custodial parent consent to a tattoo for me? I'm a minor and my mom has full custody of me. She’s thought about allowing a tattoo but has never…
We should note first that not all courts/judges/judicial officers are against fathers. Some courts/judges/judicial officers are against fathers (far too many), but not all of them. Why are the judges…
Unless a statute, court rule, or court order provides otherwise, yes (you will want to ensure you consult the governing law for your particular jurisdiction). That power to travel out…
High quality and high price are not the same thing The definitions of a high-quality lawyer and a merely high-priced lawyer are different. A high-quality lawyer is a lawyer who is…
I had a weird experience as a lawyer in a situation kind of like the one you’re asking about. The ex-spouse didn’t end up with sole custody of the children,…