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…
Taylor v. Taylor 2022 UT 35 – Divorce Arbitration
IN THE SUPREME COURT OF THE STATE OF UTAH DAVID JENKINS TAYLOR, Appellant, v. JILL MARIE TAYLOR, Appellee. No. 20191090 Heard: April 13, 2022 Filed August 18, 2022 On Certification…
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…
Is it illegal for a lawyer to charge their ex client for a copy of their case file?
Is there anything illegal about a previous lawyer wanting to charge their ex client for a copy of their case file? I can’t answer for all jurisdictions, but in Utah…
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…
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,…
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…
Law from a legal assistant’s point of view, week 51
Law from a legal assistant’s point of view, week 51: Should you be a legal assistant? By Quinton Lister, legal assistant One question you might be asking yourself if you…
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…
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 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…
In a divorce, should children live with their favorite parent?
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
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…
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…
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…
Our agreement says no child support, can my ex ask for it anyway?
Can my ex ask for child support? I have a 50/50 custody and no child support divorce agreement, but his mother alienated him against me and now he refuses to visit…
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,…
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…
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…
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…
Reform that reforms nothing
Commencing May 21, 2022, a new rule of the Utah Rules of Civil Procedure will be in force: Rule 100A. While I love the intention behind Rule 100A, reviewing the…
What is the basis for everything I have to do for my Utah divorce case?
What is the legal basis for all the hoops I have to jump through in my Utah divorce case? This is a great question. It’s a question I often ask…
Do letters vouching for one’s character really matter?
My lawyer asked me to get letters of my character from my friends for family court to introduce as evidence, but do they really matter and is 12 enough? Do…
T.W. v. S.A. – 2021 UT App 132 – child custody
2021 UT App 132 THE UTAH COURT OF APPEALS T.W., Appellant, v. S.A., Appellee. Opinion No. 20200397-CA Filed November 26, 2021 Third District Court, West Jordan Department The Honorable Dianna…
Should a parent prorate child support to include the child’s 18th birthday?
What would you think of a parent who makes the last child support payment prorated 7 days because the child’s 18th birthday falls on the 7th? I see nothing illegal…
Are Licensed Paralegal Practitioners a good idea?
I just received and responded to a survey from Alyx Mark, assistant professor at Wesleyan University and a law and society scholar. After completing the survey, I sent this e-mail to Professor Mark:…
I have no money and a non-cooperative ex, how do I get legal help?
How can I obtain assistance in a custody matter when I have no money and my ex-husband is not following the current court order? In some jurisdictions there are legal…
If two unwed people have a child and split up, is it treated like a divorce?
If two people have a child out of wedlock, and they split up, is it treated like a divorce? I will answer this question for the jurisdiction of Utah. The…
What are the divorce laws in Utah?
I don’t want to appear immodest, but honestly, my book is probably the best source in one volume: https://store.legal.thomsonreuters.com/law-products/Treatises/Utah-Family-Law-2020-2021-ed-Vol-2-Utah-Practice-Series/p/106664782 You can also find the laws governing Utah divorce and family…
How can I get an emergency hearing for custody and child support?
I will answer this question based upon the law of the jurisdiction where I practice family law (Utah). So the question is: How can I get an emergency hearing for…
