If your wife really is divorcing you, and not merely threatening to divorce you, because 1) you are not rich enough to suit her, and 2) you are not a…
Yes, it is possible, but not always possible, and when it is possible it is often very difficult to accomplish. Difficult not because custody evaluators are particularly competent (they typically…
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…
If you can get a no-fault divorce, meaning that you can just walk away from a marriage because you don't want it anymore, why could that same person seek alimony?…
Many people ask what the benefits of a legal separation are. Aside from the obvious "it gives us the option of staying together, if we want to," are there other…
Are the court proceedings in your kind of case open to the public? If so, then the grandmother, being a member of the public, may have a right to be…
I'm a divorce lawyer. I'm not divorced (God willing, I won't ever be), I am opposed to divorce generally (while there are times when a divorce is plainly necessary, most…
McFarland v. McFarland - 2024 UT App 31 THE UTAH COURT OF APPEALS BRUCE RAY MCFARLAND, Appellee, v. NICOLE S. MCFARLAND, Appellant. Opinion No. 20221044-CA, Filed March 14, 2024 Second District…
When a custody evaluator and/or private guardian ad litem is/are appointed in a divorce case in which custody and parent-time of the children is disputed, they usually interview the children…
You can assume whatever you want about anyone or anything, but that does not mean your assumptions are accurate. And there is this from Merriam-Webster: “Although presume and assume both…
2024 UT App 28 - Smith v. Smith THE UTAH COURT OF APPEALS JACQUELINE P. SMITH, Appellee, v. DANIEL H. SMITH, Appellant. Opinion No. 20220697-CA Filed March 7, 2024 Third…
If you’re anything like I am, you don’t like being ignorant and confused about terms aren’t familiar with and do not understand. If you are contemplating divorce or find yourself…
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…
The point of a psychological evaluation isn’t to establish if someone merely suffers from any mental or emotional disorder or disorders, but to help determine whether such disorders, if they…
2024 UT App 16 THE UTAH COURT OF APPEALS JOSEPH EARL LAMB, Appellee, v. SONYA ELIZABETH LAMB, Appellant. Opinion No. 20210787-CA Filed February 8, 2024 Third District Court, Salt Lake…
This post discusses another proposed family law bill under consideration for the 2024 Utah legislative session, House Bill 157 (HB0157 (utah.gov)), “Child Custody Factor Amendments”. This bill, if passed, would…
Divorce is already hard enough on the parties involved, but it is even harder on the children of the recently separated family. I speak as a child of divorce, who…
Holt v. Holt - 2024 UT App 6 THE UTAH COURT OF APPEALS RHONDA S. HOLT, Appellee, v. CHRISTOPHER JOHN HOLT, Appellant. Opinion No. 20220090-CA Filed January 11, 2024 Third…
I will start out my answer by acknowledging that reasonable minds can differ on the merits of a “parenting app,” also known as a “co-parenting app”. I will continue my…
Let’s discuss this principle in the context of DUIs, but the principle applies in any situation in which you could be questioned in regard to any crime. What is hard…
If you described your wife accurately, she’s probably trying to do to you exactly what you suspect: annoy, worry, anger, embarrass, and provoke you. You’re wiser than most to ask…
Most attorney websites that contain “articles” on prenuptial agreements aren’t really articles but thinly veiled sales pitches for prenuptial agreements. This post is not one of those. I have always…
I can’t speak for all jurisdictions, but in the jurisdiction where I practice divorce and family law (Utah), child support awards are generally, in my opinion, 1) too high, 2)…
Whether you “get the child” (meaning whether you will be awarded physical custody of the child) has little to no relevance to the fact that your spouse is seeking child…
How does filing for divorce affect relationships with family members and friends who don't agree with the decision? Poorly, generally. That should come as no surprise. Do people tend to…
I know you want to believe that divorce mediation is the trick to a fast, easy, cheap, amicable divorce. I know you want to believe this, and we know why.…
To those of you who ask, “How did I lose that argument in my divorce case? The judge couldn’t say why he/she believed my witness(es) over my spouse’s witness(es)!”: A district…
Generally, yes. Utah Family Law, LC | divorceutah.com | 801-466-9277 (48) Are good people suffering more from divorce than bad ones? - Quora
Research is hard to come by. Reliable research even harder. But here is what I could find in short order (how accurate it is I cannot say): https://psycnet.apa.org/record/2017-23543-004 Maybruch, C.,…
That's a good question. One that I've wondered about myself, but I don't know of any such studies. That doesn't mean they don't exist, it's just that I don't know…
You have just decided to file for divorce. Or perhaps you have been served with divorce papers. At some point early on in the process you will likely think to…
In divorce actions, be sure to distinguish between the different tax treatment of Roth and traditional IRAs. Investopedia.com stated it clearly and concisely: “The traditional IRA allows you to contribute…
Special masters and parent coordinators (and co-parenting therapists, co-parent coaches/consultants, and their ilk) were invented for the purpose of unburdening courts from some of the conflict associated with domestic relations…
You have just decided to file for divorce. Or perhaps you have been served with divorce papers. At some point early on in the process you will likely think to…
Divorce is corrosive. What it does not destroy it almost always affects adversely whatever it touches. The things that survive divorce’s initial devastation are forever changed. This effect is seen…
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…
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…
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…
Please check your email. And if you don’t have an email address, you must get one. And then you need to check your email inbox every day. Not just once…
My opinions on prenuptial agreements have changed over the course of my career as a divorce and family lawyer over the past 26 years. Had you asked me whether I…
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…
He wasn’t my divorce client at the time, but he told me this story about his malicious compliance with his divorce settlement/decree. First, you need to understand that while the…
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…
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…
It depends on the person going through it, although it’s safe to state that for most people it is a miserable experience. Some may acknowledge it was a necessary, though…
Should divorce without cause be eliminated? If it were, we would likely find ourselves back in the situation that led to the creation of no-fault divorce in the first place.…
Adoptive parents cannot lose custody of the children they adopted merely because they divorce. The children of adoptive parents are treated no differently in divorce than children who are issue…
HelloDivorce.com offers resources and support to people navigating divorce, including support for survivors of domestic abuse. This guest post is an in-depth guide on "What Domestic Abuse Victims Need 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.
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