If you haven’t seen “Erasing Family” and you’re going through a child custody dispute

If you haven’t seen "Erasing Family" and you’re going through a child custody dispute, you should. You really should. Because you really don't have any idea what you're in for.…

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Putting my money where my mouth is: I now offer half-day mediation services free of charge. No strings attached.

Putting my money where my mouth is: I now offer half-day mediation services free of charge. No strings attached. Divorce litigation almost always costs too much. Divorce mediation is now…

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If you inherit property during your marriage, is your spouse entitled to any?

Great question. The answer is (for Utah, where I practice divorce and family law), generally, no, your spouse is not entitled to half of property you inherited during the marriage.…

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Divorce and your mortgage: what to know (guest post)

Divorce and your mortgage: what to know (guest post) “Deciding how to deal with the family home is one of the most important issues to decide upon when there is…

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2019 UT App 204 – In re H.F. incorrect analysis terminating parental rights

2019 UT App 204 - THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF H.F., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.F., Appellant, v. E.F., Appellee.…

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If your parents are divorced, what are the chances you will be?

Much, much higher than if your parents had not divorced. See Psychology Today February 5, 2019: “Research shows that children of divorce are more likely to experience a divorce themselves. The statistics…

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Burggraaf v. Burggraaf – 2019 UT App 195 – imputing income, vacating alimony

2019 UT App 195 THE UTAH COURT OF APPEALS CAROL BURGGRAAF, Appellee, v. BRIAN JOSEPH BURGGRAAF, Appellant. Opinion No. 20180405-CA Filed November 29, 2019 Second District Court, Ogden Department The…

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Can I protect marital assets from my spouse by “temporarily gifting” them?

Can I protect marital assets from my spouse by “temporarily gifting” assets to somebody else until after the divorce is final? Can you? Like is it doable? Sure, you can do it. And many…

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Is a factual position better to take in a divorce statement rather than an emotional or semi-emotional position?

Yes. But you already knew that. And I thank you for the question anyway--really, I do--because even though we all know this we all need to be reminded of it.…

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Man awarded $750K in alienation of affection suit; his lawyer calls it a moral victory – abajournal.com

Click here to go to the story at abajournal.com: Man awarded $750K in alienation of affection suit; his lawyer calls it a moral victory abajournal.com BY DEBRA CASSENS WEISS OCTOBER…

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How can we change divorce court to make it easier on the children?

Institute a “loser pays the prevailing party’s attorney’s fees” rule. make divorce cases more litigant focused and tailored to meeting their needs and the needs of their family, instead of…

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Why doesn’t family law immediately use collaborative law practices to reach decisions?

Because 1) paradoxically, those for whom the true collaborative law process would work best are those who really don’t need collaborative law; and 2) “collaborative law” as it is practiced (as opposed to how…

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Do married lawyers ever fight each other in court?

Do married lawyers ever fight each other in court? Do you mean to ask whether married lawyers sue each other in court? If that’s your question, the answer is: rarely.…

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How does it feel to file for divorce when your spouse doesn’t know it’s coming?

Assuming that your question implies that the ignorant spouse has no reason to believe that there is anything wrong with the marriage and thus no reason to fear the other…

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Martin v. Kristensen – 2019 UT App 127 – divorce and unlawful detainer

Martin v. Kristensen - 2019 UT App 127 THE UTAH COURT OF APPEALS YVONNE MARTIN, Appellant, v. PETTER KRISTENSEN AND FRANK O. KRISTENSEN, Appellees. Opinion No. 20160265-CA Filed July 26,…

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Hypothetically speaking, would you divorce over adultery, if you have kids?

Not simply because of an affair, no. It is certainly understandable if one desires to divorce a spouse who has committed adultery. The law understands this as well, which is…

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What happens if marriage is abolished, since there are too many divorce rates and cheating affairs?

If that happens, then we will then have taken another step—and a big one—on the road to hell. Although the old joke, “the leading cause of divorce is marriage” may…

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Have you ever dealt with parental alienation?

Yes, but from the perspective of being the divorce lawyer for the alienated parent. Let me tell you, unless the alienating parent is so ham-handed in his or her efforts…

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Can an abortion be claimed as grounds for divorce?

Not directly. While “my wife had an abortion” is not grounds for divorce, you can claim that the abortion led to irreconcilable differences between you and your wife, and irreconcilable…

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How can I prepare myself mentally for divorce?

I will answer your question based upon the presumption that you have already gone through the agonizing process of determining that you need to divorce. In other words, I will not treat…

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What useful things can Jeff Bezos’s divorce can teach us

Question: Amazon boss Jeff Bezos and wife MacKenzie are divorcing. Who do you think will get the custody of their 4 kids? I don’t know enough about the family’s circumstances…

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