Can Your Spouse Legally Take Half of Everything That Is Yours if You Get Divorced?
It depends on what you mean by “yours,” by what you mean by “mine”. First you need to understand that there are two kinds of property in a divorce situation:…
It depends on what you mean by “yours,” by what you mean by “mine”. First you need to understand that there are two kinds of property in a divorce situation:…
See Pusey v. Pusey, 728 P.2d 119-121 (Utah 1986): Opinion DURHAM, Justice: Plaintiff cross-appeals from that portion of the divorce decree awarding custody of the older son of the marriage to defendant…
In my 28 years’ experience, it’s not common. Indeed, if divorce cases took dramatic turns routinely, they couldn’t be considered dramatic turns. That stated, very true a skilled divorce lawyer…
I can answer this question in the context of the law of Utah, which is the jurisdiction where I am licensed to practice divorce and family law. To learn the…
There’s more to consider than just the mutual friendship. Such as whether someone is seriously in the wrong. You wouldn’t (or shouldn’t) fail to report a friend for committing murder.…
My answer to your question is going to be a generalized answer to a hypothetical question. Before you take any real-life legal action in relation to real, existing laws, you…
I will answer this question in the context of Utah law because I practice law in Utah. The term “prenuptial agreement” means “an agreement between prospective spouses made in contemplation…
Thank you for asking this question. It comes at a time when I've been thinking about this very subject. I am the first lawyer in my family. I am also,…
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 your research with due diligence. Interview a lot of different firms and attorneys (I’m talking 5 to 10, not just 2 or 3—you’ll never get a feel for the…
Am I, as an 11-year-old, allowed to go to court in a situation where my parents are divorced to see if I can get my dad to have full custody…
Why are so many attorneys seemingly against legal separation? I truly feel in my circumstance its best for me/us. Is it because they wont make as much money? We have…
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…
Why is it so easy to get married, and so hard to get divorced? Shouldn’t it be the other way around? This is a perceptive question. It would not not…
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…
What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections…
IN THE SUPREME COURT OF THE STATE OF UTAH DAVID JENKINS TAYLOR, Appellant, v. JILL MARIE TAYLOR, Appellee. No. 20191090 Heard: April 13, 2022 Filed August 18, 2022 On Certification…
What will the court do if I do not pick up a letter my ex-husband sent that needs to be signed by me from the courts about his back court ordered alimony…
Can a parent with full custody refuse to allow visitation due to unsanitary living conditions? Good question. I will answer this question in the context of some applicable law for…
Technically, no. Practicably/pragmatically, yes. Technically, a minor child (even a child of 16 years of age) does not have the legal right to choose whether he or she will comply…
Yes, there is no law (I know of in any jurisdiction of which I am aware, but check in your jurisdiction to be sure) against a divorced couple resuming a…
I cannot speak for all jurisdictions, but for the jurisdiction where I practice divorce law the answer is “yes”. See Utah Code § 30-3-4(2)(b): §30-3-4. Pleadings--Decree--Use of affidavit--Private records (b)…
If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about…
Easiest way up front, but usually most foolish, most financially and psychologically expensive in the long term: give your spouse whatever he she wants/demands (while it is possible for your…
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…
Is there anything that can surprise a judge during a contested divorce proceeding? Of course. We’ve all read about cases where all of the circumstantial evidence indicated the defendant is…
Yes, and the IRS has provided this summary (among other publications) to show non-custodial parents how: https://www.irs.gov/pub/irs-pdf/p4449.pdf Here is an excerpt from that IRS publication: Claiming Your Child as a…
When someone wins custody of a child, does the child come to the courthouse to be taken by whoever is awarded custody or do they go to the home of…
What are the most important changes to the family law in the 19th century and 20th century up to today, and why? In my opinion (and in no particular order): …
What is the proper language to request a change of the child custody order in family law court? What you want to accomplish is not the kind of thing that…
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…
In the age of no-fault divorce, you don’t really need to have a good reason (or any reason at all) to get a divorce. So if your spouse is hiding…
2022 UT App 65 THE UTAH COURT OF APPEALS VICKI BECKHAM, Appellee, v. RANDALL BECKHAM, Appellant. Opinion No. 20200935-CA Filed May 19, 2022 Third District Court, Salt Lake Department The…
What will the court do if I do not pick up a letter my ex husband sent that needs to be signed by me from the courts about his back…
How can I help my 12-year-old step daughter get away from an emotionally abusive mother? Tell the child’s father (your husband) about the trouble and have him handle it. It’s…
Is appointing a guardian ad litem a positive tool to help with custody cases? [I will respond to your question based upon my experience with guardians ad litem in Utah,…
In my experienced opinion: If the fight is over which parent will be awarded sole (full) custody of the children, and if no other factors are considered: the chances of…
How will it affect children to switch back and forth to schools every other school year due to child custody agreement between parents who live in different states? Probably not…
If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about…
Can a parent who has filed for divorce and moved out with her 2 children now take her children for a week to another state for Thanksgiving, or will it be…
I can’t speak for all jurisdictions, but for the jurisdiction where I practice divorce law (Utah), the answer is that you are considered single as soon as the court issues…
Law from a legal assistant’s point of view, week 42: Do you like divorce law? By Quinton Lister, legal assistant Often when I tell people I know that I am…
I can’t speak for all jurisdictions, but I can tell you that in the jurisdiction where I practice divorce and family law (Utah), currently the child’s preference for one parent…
I cannot answer this question as it applies in all jurisdictions, but I can answer the question as it applies in the jurisdiction where I practice divorce and family law…
Asking a question on Quora is a start and better than doing nothing (as so many people contemplating divorce do when they are too afraid to do anything), but only…
By Quinton Lister, legal assistant Last week I wrote a post about Arb-med and how it can benefit practitioners of law, particularly family law. In this post I will be…
Not merely for having a warrant out for your arrest, no. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Do-you-lose-child-custody-if-you-have-a-bench-warrant/answer/Eric-Johnson-311
Pending divorce spouse has moved out and stopped paying bills. Should I report to my attorney or just wait until we go to court? Report this to your attorney immediately. There are…
Because the work: requires a lot of knowledge of both the written (and unwritten*) rules that most people don’t have the time, interest, or ability to learn and apply correctly;…
There are many websites with lots of free information that is good. The problem is being able to tell the good content from the bad. This is why, whether you…