Why would anyone choose to become a divorce lawyer?
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…
If You File for Divorce, Do You Have to Serve Your Spouse With Papers?
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…
How Can You Tell if Your Lawyer Is Lying About Winning Cases if There Is No Evidence of It Online or in Paper Form?
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…
Completeness of Documentation By Braxton Mounteer
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…
Are some cases out there where the counsel has lied to his or her client?
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…
Do family law divorce attorneys of the opposite side stalk and harass their client’s opposition if the client pays for it?
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…
What Does a Legal Assistant Think of Going Pro Se? By Braxton Mounteer
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…
Important things divorce attorney clients need to know but would easily and freely be forgiven for not knowing without being told. No. 3:
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…
In re M.M. – 2023 UT App 95 – termination of parental rights
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,…
Why Your Lawyer Might Drop Your Case By Braxton Mounteer
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…
What Must the Juvenile Court Consider on a Petition to Terminate a Parent’s Parental Rights?
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.…
How to Avoid Being Called a Liar in a Utah Case By Braxton Mounteer
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…
My Spouse Tells Me She Is Going to File a Motion for Temporary Orders. What Does That Mean?
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 Am 14 and I Want to Live With My Dad. My Parents Have Shared Custody, but My Mom Wants to Keep Me Her Alone (And She’s Not a Good Person). How Do I Stay With My Father Full Time?
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…
How Is Child Support Determined When the Non-custodial Parent Doesn’t Have a Job, but Is Living on Millions of Inheritance?
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…
The Father of My Child Told Me He Can Unilaterally Give Up His Parental Rights. Can He? He Thinks This Way He Will Get Out of Child Support. Can He Do This?
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…
What does it mean when he tries to avoid a legal fight in court for child custody?
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…
As a Joint Legal and Physical Custodial Parent, Can I Legally Prevent the Other Parent From Going on a Vacation (Either Out of State or Out of the Country) With Our Child or Children?
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 Creative Writing and Legal Writing are Connected By Braxton Mounteer
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…
A Changed Perspective on Justice as a New Legal Assistant By Braxton Mounteer
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.…
If One Parent Gets Primary Custody, Does This Mean That He/She Can Make All Decisions Regarding the Kids Without Any Input From the Other Parent?
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…
Why Don’t All Divorced Wives Get Half of Their Husbands’ Property?
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…
Last Week, My Ex Came Into Family Court Smelling of Pot but Still the Judge Favors Her Over Me. What Can I Do?
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…
Does the Utah Constitution protect abortion rights?
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/
The Father of My Child Has Visitation Rights Ordered by Court, Yet He Will Be in a Different State During His Visitation Time, but Wants His Aunt to Take Over. Do I Have to Allow His Aunt Visitation While He’s on Vacation?
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 a Family Court Judge Orders That a School District Provide Certain Documents and the District Does Not Respond at All, Believing That the Court Has No Jurisdiction, Can the Order Be Enforced, or Is Something Else Going on That I Don’t Understand?
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…
How Do I Inform a School About Divorce and That Their Father Is Not Allowed to Pick Them Up?
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…
Utah Wife Charged With Fatally Poisoning Her Husband.
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,…
Court Proceedings from the Perspective of a New Legal Assistant By Braxton Mounteer
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,…
First Impressions of Being a Legal Assistant as a Writer By Braxton Mounteer
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…
Do Family Courts Ever Verify the Information a Parent Offers in a Divorce Proceeding, Things Like Income, Housing, Bills, Savings, or Is It Dependent on the Other Parent to Object if the Information Is Fantasy Rather Than Reality Based?
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…
How Can I Show the Court a Parent’s Previous Words and Deeds to Show He/She Is Lying?
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…
Divorce Is Often a “Cure” Worse Than the Disease
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…
Can a Parent Who Signed Over Their Legal Rights Show Up at School Functions for the Child? Is There Anything That Can Be Done if They Keep Coming to Things Like Sports and Award Ceremonies?
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…
Who Has Custody of a Child if There Is No Court Order?
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 the Non-custodial Parent Consent to a Tattoo for His/Her Minor Child?
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…
Why Are Family Courts Biased Against Husbands and Fathers?
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…
Can a Person Who Has Custody of a Child Take That Child Out of State?
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
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…
Has Anyone Relinquished Full Custody to Their Spouse to Avoid Putting Their Child Through the 50/50 Split?
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,…
How Could I Use Transcripts of a Victim Impact Statement to Show the Other Party Has Told Lies in Court and Cannot Be Trusted to Be Honest?
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…
What Happens if a Non-custodial Parent Doesn’t Visit His Children?
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…
When an Order of Protection Gets Dismissed, Then Legally, There’s Nothing in Place Stating How We Will Share Our Son. What Do I Do Now?
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…
Utah Social Media Law Is Ambitious, but Is It Enforceable?
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…
How Do I Handle a Narcissist Ex-husband in the Visitation of Children if I Have the Primary Custody? He Is Very Manipulative to Our Kids.
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.…
Flat Fee Billing Questions
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…
When the Spouse Who Moved Out Does Not Get His Stuff by the Deadline of the Final Divorce Agreement, Can the Other Spouse Who Bought Out Marital Home Keep It or Sell It?
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…
Is There a Way to Get Legal Action on Child Support for Free?
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…
What Steps Can You Take To Get a Reform on Child Support Law?
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…