So, the question is this: if I am the parent to whom custody of our child was awarded, and that child doesn’t want to live with me anymore, what can…
Normally, I do not like to comment on the intersection of pop culture and family law because quite often, what happens in a celebrity divorce or child custody dispute does…
Do courts make awards in divorce to “punish” adultery? Great question. Adultery is considered a fault-based ground for divorce and a factor that can be considered when the trial court…
Author Bio: Cristin Howard runs Smart Parent Advice, a site that provides parenting advice for moms and dads. Cristin writes about all of the different ups and downs of parenting, provides solutions…
First, you need to understand that Utah, like every other state in the U.S. has what are known as a “no-fault divorce law”. No-fault divorce means that you don’t have…
In the context of alimony, no ( at least not in the jurisdiction where I practice divorce and family law, which is Utah). A prenuptial agreement provision that purports to…
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,…
What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married? It…
First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such records are public record, and thus available not only to your…
Why do I have to give the court my Social Security Number in my divorce, child custody, paternity, protective order, or other family law or family law-related case? Here is…
That is an interesting question. Before I answer it, know this: anyone who is motivated to marry on a “what’s in it for me?” basis and who stays married motivated…
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…
Does a spouse have the right to see a DUI report? First, if you are referring to a police report of a DUI citation and/or arrest, in most jurisdictions such…
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…
How long does it take a divorce to become final if one party is refusing the divorce? It can take an amazingly, shockingly long time. One of the most frustrating…
When did you know that divorce was the option you were going to choose? First, make sure that if you reach the conclusion that you need a divorce that you…
How can a 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…
Do you need a reason to get a divorce? Not really, at least not in the jurisdiction where I practice divorce law (Utah). Even if you get a “no fault”…
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…
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…
Thomas v. Thomas - 2021 UT App 2021 UT App 8 THE UTAH COURT OF APPEALS JEREMY THOMAS, Appellant, v. JODY TASKER THOMAS, Appellee. Opinion No. 20190242-CA Filed January 22,2021…
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…
How is it possible that people go bankrupt during divorce in the USA? Isn't it a 50/50 split? It’s not “the divorce” that causes people to go bankrupt, it’s the…
What are ways divorcees reach a mutual agreement when splitting up their assets? What they often do (but shouldn’t): rationalize and justify their greed and pettiness in advancing their “arguments”*…
What are ways divorcees reach a mutual agreement when splitting up their assets? What they often do (but shouldn’t): rationalize and justify their greed and pettiness in advancing their “arguments”*…
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…
What are common Latin legal terms used in divorce and family law? While the use of Latin terms and phrases in the family law is decreasing, there are still many…
What happens after an affair when you have kids? I’ll answer as if this question were asked in the belief that the affair will have a profound effect upon child…
Would you divorce your husband if he had a child with his last relationship without telling you? I do not believe that this would, alone, be reason to divorce your…
Would you divorce your husband if he had a child with his last relationship without telling you? I do not believe that this would, alone, be reason to divorce your…
How can I protect my assets before getting married without prenup? Short answer: One option (not a very good one, frankly, but about the best there is under the circumstances…
What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few…
If I have to give my spouse half of my retirement after a divorce, should I still go forward or just ride it out? Great question, but not for the…
How can I find my spouse's response to my divorce petition? You should have received a copy at the same time when she filed her response with the court. She…
Guest Post from Bankrate.com - Divorce and your mortgage: Here’s what to know Some couples decide to refinance a joint mortgage into one name upon divorce. What this does is…
2020 UT App 100 THE UTAH COURT OF APPEALS JOSHUA J. YOUNG, Appellee, v. MICHAELA M. HAGEL, Appellant. Opinion No. 20190661-CA Filed June 25, 2020 Second District Court, Farmington Department…
When one’s former spouse alienated someone from their family, how can one repair the relationship with the family after the spouse is divorced? I am thankful for your question, and…
Why do kids think it's their fault when their parents divorce? Among the things little children believe is that the world reacts to them, exists and functions because of them.…
Why do lawyers like to handle large divorce settlements? The more complex and acrimonious the case and/or the more there is at stake, the more work there is to do.…
How can I talk to a lawyer when I don't have money to pay for one? Most jurisdictions have resources for consulting an attorney, even receiving certain kinds of legal…
The Utah Courts provide a "Divorce Education for Children" program that is free of charge for children 9-12 years of age whose parents are divorcing. More information about the program…
Do Native American peoples get divorces? Married Native Americans can and do get divorces, as do Native Americans married to non Native Americans. The laws governing divorce of Native Americans…
Can one spouse or the other avoid paying taxes on a joint tax? Tax law does not require married couples to file joint income tax returns simply by virtue of…
Are prenuptial agreements used only to avoid divorce settlements? Prenuptial agreements are used primarily to avoid the expense, the misery, and the waste of time divorce actions can (and usually…
“It’s pretty awful, but do you have a better alternative?” I was asked the following question in response to this answer I gave to a question on Quora.com: https://www.quora.com/What-are-some-dirty-secrets-a-lawyer-wishes-they-could-tell-us-but-can-t/answer/Eric-Johnson-311 Here…
Home Heartbreak: People Divulge the Home Details of Their Divorce (from Porch.com https://porch.com/resource/home-heartbreak) Life is full of transitions. We all remember moving out of our childhood home. For many of…
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…
Does the high U.S. divorce rate pose any problems to the economy? Divorce is unquestionably an economic detriment to individual family members and to the public at large. While the…
How can I calm my nerves? I hired an attorney to help with my child custody case against my BPD ex. I’m so scared of what he will do when…
"Do you think a child would deal better with constantly fighting parents or divorced parents?" I have been asked to answer this question, but as a divorce lawyer (not someone…