If I Have a Temporary Court Hearing for Joint Custody and I Have Planned a Vacation Before the Order Is in Place. Can I Still Take My Child Out of State as the Custodial Parent?

This is a complicated question. If there is no statute or court order in place that bars you from taking your child out of state with you for a vacation,…

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Going Through a Divorce. She Moved Out. I Continued Mortgage Alone for a Year. I Move Out, She Moves in and Never Pays for 9 Months. I Pay to Get It Out. Does She Owe Me?

This is a great question. Thank you for asking it. It’s a question that arises frequently in divorce situations. And you’re likely not going to like the answer. It could…

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Divorce Is Often a “Cure” Worse Than the Disease

In response to this question, "Have you ever thought someone was making a mistake by getting a divorce?,” I stated (and I summarize here) some people need to divorce. It’s…

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2023 UT App 62 – Cox v. Cox – Adequacy of Court Findings

2023 UT App 62 - Cox v. Cox THE UTAH COURT OF APPEALS BLANCHE COX, Appellee, v. JAMES A. COX, Appellant. Opinion No. 20210455-CA Filed June 8, 2023 Fourth District…

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If I Have Sole Legal Custody of Our 15-Year-Old Son and His Father Has Visitation Rights Only, Is He Allowed to Pull Him Out of a Sport He Has Already Started?

I can't speak for what the law is or how it applies in all jurisdictions, but I can answer this question as it would apply in the state of Utah,…

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Has Anyone Relinquished Full Custody to Their Spouse to Avoid Putting Their Child Through the 50/50 Split?

I had a weird experience as a lawyer in a situation kind of like the one you’re asking about. The ex-spouse didn’t end up with sole custody of the children,…

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How Will You Go About Settling Disagreements With Your Spouse That Affect the Child?

Answers to this question could take up an entire book (actually, it could take up many entire books, and it does—literally millions of pages have been written on this subject).…

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How Many Children in the U.S. Experience Divorcing Parents? Does Anyone Have the Statistics?

About half. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/How-many-children-in-the-US-experience-divorcing-their-parents-Does-anyone-have-the-statistics/answer/Eric-Johnson-311  

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Mintz v. Mintz – 2023 UT App 17

Mintz v. Mintz - 2023 UT App 17 THE UTAH COURT OF APPEALS RAYNA ELIZABETH MINTZ, Appellant and Cross-appellee, v. GLEN RYAN MINTZ, Appellee and Cross-appellant. Opinion No. 20200507-CA Filed…

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From Utah Business Magazine: Utah Has Highest Percentage of Marriages in Past 10 Years

From Utah Business Magazine: Utah has highest percentage of marriages in past 10 years https://www.utahbusiness.com/utah-has-highest-percentage-of-marriages-in-past-10-years/ Key findings (among many other interesting things): Utah, Idaho and Wyoming have the highest percentages…

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Why Do Americans Believe That Divorce Is Damaging to Children Compared to Remaining in a “Bad” Marriage?

Your question is not a good one because it’s based upon a false premise. Not all Americans believe that it’s better for all children for their parents to remain in…

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My Parents May Be Getting Divorced, Any Tips? Is There Any Way to Make Their Lives and Divorce in General Easier?

Yes, there are several things that virtually every divorcing couple can and should do to make their lives and the divorce no more difficult and painful than necessary. I will…

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How Do You Get a Divorce That Involves No Children and No Property or Money if You Haven’t Been Able to Find Your Spouse for Almost 10 Years, and Without Having to Hire a Lawyer?

You probably worry that hiring a lawyer will bankrupt you, and so you’re afraid to get the help a good divorce lawyer could be to you. Before you resolve not…

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Kingston v. Kingston – 2022 UT 43 – Parental Rights, Due Process Rights

2022 UT 43 IN THE SUPREME COURT OF THE STATE OF UTAH RYAN CLYDE KINGSTON, Appellant, v. JESSICA BENNY KINGSTON, Appellee. No. 20200350 Heard April 11, 2022 Filed __ On…

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How do you get pet custody after a breakup?

I cannot speak on what the law is in every jurisdiction, but according to Utah (Utah is where I practice divorce and family law), the answers are:  If by “breakup”…

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If you give a divorce lawyer a retainer on a divorce and then change your mind within a few days, are they obligated to return the retainer?

While I cannot speak for all jurisdictions and for all situations, generally an attorney to whom you have paid a retainer or advance deposit is obligated to return the unearned…

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Which is more difficult for children: parents getting a divorce or parents getting an annulment?

Both result in Mom and Dad no longer living together with their children. Divorce ends a marriage, and annulment results in a legal and religious ruling that the marriage does…

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Whose responsibility is it to reduce or put an end to the divorce rate in this modern day?

Few rational, intelligent, thinking people would argue that a divorce rate hovering around 50% is not too high. Society suffers from a high divorce rate and the broken families that…

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Thayne v. Thayne – 2022 UT App 122 – Change of Circumstances

2022 UT App 122 THE UTAH COURT OF APPEALS STEPHANIE THAYNE, Appellee, v. DEVIN THAYNE, Appellant. Opinion No. 20200598-CA Filed November 3, 2022 Second District Court, Ogden Department The Honorable…

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Is it common for someone to choose to end a 10+ year marriage then secretly create conflict to trick kids into saying, “yes” to “should we leave”? 

Common? No.  Not all that unusual? Yes.    Utah Family Law, LC | divorceutah.com | 801-466-9277     https://www.quora.com/Is-it-common-for-someone-to-choose-to-end-a-10-year-marriage-then-secretly-create-conflict-to-trick-kids-into-saying-yes-to-should-we-leave/answer/Eric-Johnson-311    

Continue ReadingIs it common for someone to choose to end a 10+ year marriage then secretly create conflict to trick kids into saying, “yes” to “should we leave”? 

Is it common for someone to choose to end a 10+ year marriage then secretly create conflict to trick kids into saying, “yes” to “should we leave”? 

Common? No.  Not all that unusual? Yes.    Utah Family Law, LC | divorceutah.com | 801-466-9277   https://www.quora.com/Is-it-common-for-someone-to-choose-to-end-a-10-year-marriage-then-secretly-create-conflict-to-trick-kids-into-saying-yes-to-should-we-leave/answer/Eric-Johnson-311  

Continue ReadingIs it common for someone to choose to end a 10+ year marriage then secretly create conflict to trick kids into saying, “yes” to “should we leave”? 

What can I do if my ex won’t stop taking me to court?!

My ex has been taking me to court for over 4 years to get my joint custody taken away. Her father worked for the courts for 25 years so she…

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Why are so many attorneys seemingly against legal separation?

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…

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How do you change the name on a deed after a divorce?

In Utah (where I practice divorce and family law), there is more than one way to transfer title to the marital home (assuming the parties own a home), but the…

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How long do you pay alimony in Utah?

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…

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Are you going through a child custody dispute in court, or contemplating one?  

Are you going through a child custody dispute in court, or contemplating one?   If so, have you heard about a custody evaluation? if not, you'll want to pay particularly close…

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Why do people not complain about people who shouldn’t marry?

Why do people complain about the high divorce rate, but don’t complain about people who shouldn’t marry?  There will never be an effective, morally acceptable way to prevent the following…

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When are my ex’s things deemed abandoned?

I was awarded the house in the divorce. My ex’s things are still here and he/she won’t pick them up. When are they deemed abandoned?  Utah Code § 67-4a-201 provides,…

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Why is it so easy to get married, and so hard to get divorced?

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…

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How can I make my abusive husband divorce me?

Short of holding the proverbial gun to his head (i.e., forcing him to do so against his will), you can’t.   While you might contrive to motivate your husband to file…

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