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…
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”…
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…
Many individuals in a divorce consider hiring a private investigator, hoping to uncover information that could affect the outcome of the case. While hiring a private investigator (PI) may seem…
The overwhelming majority of judges and domestic relations commissioners in Utah will refuse to have the interview of children who are the subject of child custody disputes recorded by sound-and-visual…
[Full disclosure: I make no secret of the fact that I have yet to encounter a custody evaluation conducted in Utah that is not pseudo-scientific, incompletely and incompetently documented, and…
In my opinion (as a divorce and family law attorney for the past 27 years), a “less is more” approach is needed at this point. What do I mean? For…
If you were not fortunate enough to settle your divorce case on acceptable terms, you now or soon will likely find yourself preparing for trial. Trial will be the day(s)…
I recently went to trial with my boss for a divorce case. One of the things that stuck out to me was that quite often the witnesses people call in…
I recently accompanied my boss to the trial of a divorce case. If I had had to place a bet on what the judge was thinking at given moment or…
Recently an attorney posed a question on a forum for fellow Utah family law attorneys. The question involved how to find out what the children’s experiences have been with one…
Thomas Sowell said (in a discussion of politics and governance), “There are no solutions. There are only tradeoffs, and whatever you do to deal with one of man's flaws it…
Here is a list of the current proposed family law legislation for the 2024 Utah State Legislative session, along with a (very) brief description of the proposed legislation. If you…
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…
Why? You’ll hear the argument that a PGAL should be appointed for a child because we don't want to traumatize children by having them testify on the record. Where is the…
If what we learn from witnesses didn't generally tend to be more informative and reliable than not, then we wouldn't listen to witnesses at all. No sensible person believes that…
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…
There are “expert” witnesses for virtually any and every issue in legal actions. Can judges be bamboozled by pseudo-scientific expert witnesses? Without question. Do some judges who know that the…
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…
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…
What are some examples of how to not appear judgmental as a lay witness in court? Tell the !@#$% truth, not stories you hope will dupe the court into doing…
What percentage of people lie while under oath in a courtroom, and how often does someone get prosecuted for perjury? Re: What percentage of people lie under oath in a…
What are some examples of how to not appear judgmental (or worse) as a lay witness in court? Tell the !@#$% truth, not stories you hope will dupe the court…
First, whether you “truly believe” something or “find it hard to believe,” testifying to something you believe or don’t believe, as opposed to testifying as to something you know, is…
Black and white, plain and simple. We really mean that here at Utah Family Law, LC. What you normally hear about divorce and family law is all over the map–even when you hear it from lawyers.
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