What are some of the biggest mistakes lawyers make when presenting their case to a jury? Being long-winded, repetitive, rambling, imprecise, boring. But here’s the kicker: if you are clear…
By Quinton Lister, legal assistant I think one of the least understood facets of the legal system by lay people (like myself, a new legal assistant) is the concept of…
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…
I don’t know, and I doubt that statistics are kept on such a question. If there are such statistics, I do not know of them. Generally, the reputation appointed counsel…
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…
I will answer this question as it applies in my jurisdiction (Utah). First, no one has a right simply to choose your judge or choose to change the judge assigned to…
Can he/she go to court? Yes. You can go to court for anything, no matter how serious or how silly your “cause” may be. Whether the court will take your…
It is sad, but I think that becoming a legal assistant has made me want to be more engaged with civic processes. It is not sad that I want to…
Would it have any weight? Yes. Would it, on its own, have weight sufficient to bar him from seeking sole or joint custody of the child in the future? No.…
I frequently encounter comments made in child custody disputes to the effect that “courts favor the nurturing and detailed attentiveness of mothers over fathers.” I am as grateful for such comments as I am disheartened by them. Grateful…
It is not merely a question of how quickly the witness corrects his or her answer. Sometimes a lawyer will ask a witness for precise details simply not because those…
I cannot speak for all jurisdictions, but in the state of Utah (where I practice divorce and family law), if you know that a couple is divorcing or is divorced,…
I have custody of my child. He left to go to his mom's last Friday for the weekend. He is refusing to come home because he wants to live there.…
I am the noncustodial parent. Our child came to my house for parent-time and now refuses to leave because he wants to live with me. What happens now? I will…
If custody order says mother and child are not allowed to leave the state, is there any chance the court would allow them to go on a vacation to another…
I am a father who has exercised at least 50/50 custody with my ex. Now she's trying to take me to court for full custody and me getting every other…
Recent thoughts about family law I’ve been prompted recently to express my thoughts and opinions about the judiciary generally in the family law context. Here are a few thoughts I…
How can an uncontested divorce be considered a law suit? Does the court even get involved in that case? A law suit is a claim or dispute brought to a…
Can immigrants be used in family court as a witness? Yes, even illegal immigrants can be called and questioned as witnesses in court. Utah Family Law, LC | divorceutah.com |…
How much does it cost to file for a divorce? Good question. There are costs and then there are cost for filing for divorce. Beyond what an attorney would charge…
In court cases, how does taking an oath make any difference? From what I can tell, yes, it appears that taking an oath or affirming to tell the truth before…
Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable…
Married a short time. He demands discovery going back years. Can he? Married 16 months. He became abusive almost immediately after. I filed for divorce. He and his attorney is…
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you…
Do I have to respond to discovery questions in a divorce? Yes, unless you can persuade the court that some or all of the discovery requests: violate the rules governing discovery, such…
I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you…
If I can’t find an attorney, can it honestly be said I got a fair trial? If a person seeks legal representation in a court, and every attorney they tries…
Why does someone need an attorney when they can just defend themselves in court (pro se)? Why does someone need an attorney when they can just defend themselves in court?…
What are the Steps for Getting Divorced in Utah? To start the divorce process, you must begin by filing what is called a complaint or a petition for divorce with…
GAL recommendations are nowhere close to being the best way to determining the child’s best interest. This post is the thirteenth in series of 15 posts on the subject of…
My attorney just dropped me. What do I do now? My attorney in a civil matter dropped me and I just found out yesterday that I have 21 days to…
Does a Restraining Order Prevent Me from Communicating with the School? If a school age child has a restraining order against a parent prohibiting him from coming within a certain…
Can I kick my spouse or our children out of the house or even off the property without their consent when it becomes clear that my spouse and I are…
Can a parent legally keep the other parent from the children? Can a parent (married or unmarried) legally keep the other parent from the children without having gone to court?…
How can a mother leave the father of her baby and get full custody, when she does not trust him to look after the baby by himself? The mother (or…
How can my friend leave the father of her baby and get full custody, when she doesn’t trust him to look after the baby by himself? The mother (or any…
Why do pro se litigants fail so often? And if you’re wondering what a pro se litigant is, here’s the definition: someone who argues his/her own case in a lawsuit,…
Why do people need legal advisors (I'm not referring to litigators) if all the laws can be found on the Internet? Good question, and the answer is simple and clear:…
What is a motion to bifurcate a divorce in Utah, and why should I care to know? By Brian N. Godfrey, Legal Assistant A motion to bifurcate to dissolve your…
Do lawyers write down their arguments in full, or just have brief notes? It depends upon the lawyer. And there are lawyers who use either or both methods to present…
What would happen if a witness in court was asked if they will swear to tell the truth and they said no? If the witness were unwilling to swear or…
Should I accept money my ex sent for his kids (not enough to support), even if I already decided to take him to court for child support? I don’t see…
What happens if you say no to the oath on the witness stand in court? If you object to being sworn, to taking an oath (as some religions do), then…
Today's question is: Is it advantageous for the father to file with the court a 2 page document of fabricated lies about mother in a child custody battle as part…
I’m in an emotionally, verbally, and financially abusive relationship. Can an abusive father win custody even if they're not legally married? Anybody can do or get anything, if he/she tries…
I’ve been a divorce and family law attorney for 23 years and gone back and forth over the years on my opinion of how the courts feel about and how…
After procuring an attorney for the matter, what is the best way to prepare for an upcoming child custody dispute with a PBPD ex? I am amazed at the number…
Certainly. Restraining orders are for the protection of the person needing the protection, and if a child is a threat to your life or safety and you can prove that to…
If one parent has bedbugs and the children will not sleep at the parents home, does the other parent have to make a motion for full custody? Can the parent…
Why is it OK to allow a 14-year-old child to deny one parent access to him/her without any reason, but it is kidnapping if the child were to refuse to…
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.
© Copyright 2025 Utah Family Law LC. All Rights Reserved. A Sites by Sara Website