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,…
If the statement: is a sworn affidavit or in a form accepted by the court as equivalent to a sworn affidavit; and the content of the affidavit/statement is relevant to…
I cannot speak for all jurisdictions, but I can tell you what my experience has been in Utah, which is the jurisdiction where I practice divorce and family law: There…
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…
From KSLnewsradio.com: Utah social media law is ambitious, but is it enforceable? https://kslnewsradio.com/1995488/utah-social-media-law-is-ambitious-but-is-it-enforceable/ The answer to the question of whether it is enforceable is: No. What the kids don't do…
I generally wouldn’t recommend trying to get the assistance of the court to remedy this problem. The legal system is not designed to address this problem well, if at all.…
I am frequently asked questions about my flat fee billing. I bill on a weekly flat fee basis. Usually $500 per week, although the weekly fee can be higher if…
Great question, and one that arises often in divorce. If the decree of divorce provides for what happens to unclaimed/unpossessed property, you would rely on the court’s orders as articulated…
Free or inexpensively? Yes, there are ways. Each jurisdiction has different ways of providing these free and/or inexpensive legal services. With rare, if any, exception, these free and/or inexpensive legal…
This is controversy that’s been raging for decades, but we could be at a tipping point soon. The question is what will it take to reach it? Having money always…
Click here to see what a flower looks like to a human eye and to see what the same flower looks like to a honeybee’s eyes. How you perceive the…
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,…
Do I have to pay the court to go to trial? I am a divorce and family lawyer. I was asked this question and was a little surprised that this…
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…
The law governing the duration of alimony is pretty simple and straightforward: See Utah Code § 30-3-5, subsections (1)(c) and (11)(e): (1) As used in this section: ***** (c) "Length…
In Utah, the law governing the duration of alimony is pretty simple and straightforward: See Utah Code § 30-3-5, subsections (1)(c) and (11)(e), which provides: (1) As used in this…
I was awarded the house in the divorce. My ex’s things are still here and he/she won’t pick them up. When are they deemed abandoned? Utah Code § 67-4a-201 provides,…
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…