Some spouses will absolutely exploit the legal system to gain an unfair advantage in divorce proceedings. It's crucial to recognize the manipulative tactics your spouse might employ against you—even if…
No one is required to hire a lawyer to represent him/her in a child custody dispute. If you are involved in a termination of parental rights or child abuse case…
This is a good question because the way you have posed the question reflects the problem many people have with the legal system. Your feeling may stem from the court…
Great, great question. First, fairly and accurately. Do not selectively cite the other parents communications with you and with others. If you do that, your credibility suffers. Second, relevantly. So…
An unscrupulous opposing party and his/her attorney can find many benefits to delaying the progress of a pending court case, so it comes as no surprise if and when you…
Families often find themselves having to confront their conflict and dysfunction when a divorce is filed. When families face conflict or dysfunction, therapy can (can, not always will, but can)…
It could have happened as alleged I find the applicant credible (but I won’t mention that a) I also find the respondent equally credible; or b) I can’t articulate a…
Many people who have gone through a divorce case or unmarried parents who have gone through a child custody case find themselves at the end of the case with a…
Many attorneys and parents who have been through child custody and parent time disputes before will give you some basic and sound advice; specifically, 1) ensure that your arguments have…
During a divorce case, one parent or the other often claims that parental alienation or parental estrangement is occurring. Whether the claim is true does not stop these terms from…
Yes, but it depends upon what you mean by “can the person who needed the P.O. go to court to speak out about the violation?” If the person who needed…
Throughout the divorce process you will have to meet many deadlines. The court will even provide you with a list of due dates known as a notice of event due…
I’m Braxton Mounteer, a legal assistant. I've written and talked about this problem before, but it's a recurring problem and a serious one. It's hard enough to muster the courage…
Many people complain (justifiably) about child support in this regard: parents who qualify to receive child support or to receive more child support by being unemployed, underemployed or who deliberately…
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…
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…
It appears that your question is: can child support be awarded to a parent even if a divorce or child support action has not yet been filed? If that is…
Great question. I wish I had a pleasing answer to it for you. I can’t speak for all jurisdictions, but in Utah (where I practice law and handle child custody…
rprise that it usually takes much less time and effort to prepare for a proffer hearing than preparing for a full evidentiary hearing. In a proffer hearing the client won’t…
Many things can happen in status conferences in family court proceedings. One kind of status conference is a conference held for the sake of setting the trial date or dates…
There could be many reasons. Here are a few of the most common (not an exhaustive list, but a list of many reasons why a court may want to know…
Would it be better to botch my hair follicle test so it reads nothing, or allow the judge and the world to see what I've been doing the last 6…
Some of the courts where I practice divorce and family law are intent on abandoning the innovation and improvements that remote hearings have brought (and would have otherwise continued to…
You’re not asking the best question. First, understand that many divorcing people see their spouses as “narcissistic” because at the time of divorce they tend to see the worst in…
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. …
What do you think would be the rate of divorce in marriages if psychologists were to be consulted in court by couples before proceeding to see the lawyer for divorce?…
You don't have to come up with creative reasons for getting a divorce anymore in the age of no-fault divorce (in the U.S.A.). You don't have to find a reason…
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…
That is an extremely broad question. The best way to start: find a good domestic relations lawyer (a good one, not just any) and schedule a consultation with him/her so…
What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…
What should I say to my lawyer who told me that a motion to dismiss isn't really a thing so we cannot file one? It may be that a motion…
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…
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…
By Quinton Lister, legal assistant Planning is something that I have always aspired to do in my life but being a legal assistant has helped me realize that there is…
THE UTAH COURT OF APPEALS DEAN ERICKSON, Appellee, v. JANICE ERICKSON, Appellant. Opinion No. 20200193-CA Filed March 3, 2022 Third District Court, Salt Lake Department The Honorable Todd M. Shaughnessy…
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…
Is it true that family courts get paid from child support payments? Can someone explain it to me or link me to an article that explains it? The courts do…
What will happen if the court ruled in favor of a mother to have the custody of her child but the child refuses to go with her and she prefers…
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…
Are cameras in the courtroom, a cheap form of reality television, or a better way to achieve justice? This is a subject that is near and dear to my heart,…
What affects the outcome of court cases more, the relative strengths and experience of the opposing lawyers, actual facts, relevant law, or some other factor? I answer this question in…
What are some examples of how to not appear judgmental as a lay witness in court? Tell the !@#$% truth, not stories you hope will dupe the court into doing…
According to Black's Law Dictionary (11th ed. 2019): PROCEEDING proceeding (16c) 1. The regular and orderly progression of a lawsuit, including all acts and events between the time of commencement…
What’s one thing you’ve heard a lawyer say that made you question their expertise? I was in court for a hearing in a divorce action where opposing counsel objected to…
By Quinton Lister, legal assistant My blog post from this last week has got me thinking about the idea of injustice. So many issues in life are unfair. Even in…
It’s easy if you know what you’re doing. And if you don’t know what you’re doing, it’s easy to find someone who does know what to do. In many jurisdictions,…
By Quinton Lister, legal assistant I am still new at my job. I have only been a legal assistant since Summer of 2021, but I know for myself that I…
How do I get a copy of my restraining order that I have on my ex? I lost the original copy. My answer applies to how you can obtain a…
What is the biggest mistake a lawyer makes when making closing arguments? Being long-winded and/or obnoxious, repetitive, rambling, imprecise, boring. But here’s the kicker: if you are clear and concise,…
What are some examples of how to not appear judgmental (or worse) as a lay witness in court? Tell the !@#$% truth, not stories you hope will dupe the court…
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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