Who files for divorce more? Men or Women? Why?
Who files for divorce more? Men or Women? Why? Women file more In the United State of America, although the percentages vary depending on the study, the research is unanimous in…
Who initiates divorce more often? Husbands or wives?
Who initiates divorce more often? Husbands or wives? In the United State of America, although the percentages vary depending on the study, the research is unanimous in finding that wives initiate divorce more…
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.…
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…
Judge Judy on Family Court
Regardless of whether you may agree with Judge Judy's values or opinions, the fact is she has attracted our attention as a candid and no no-nonsense legal mind. Did you…
Does attending church lower your chance for divorce?
Does attending church lower your chance for divorce? Yes. See: Religious service attendance, divorce, and remarriage among U.S. nurses in mid and late life What God Has Joined Together: Religion…
My spouse cleaned out the joint account, can I get the money back?
If your spouse cleans out the joint account before a divorce, can you legally get that money back? Answer: Maybe, even likely. Sometimes the court will let your spouse keep…
Do you think coronavirus and the quarantine will increase divorces?
Today's question is: Do you think coronavirus and the quarantine will trigger an increase in divorces? Answer: Without question. There are obviously some legitimate reasons to curtail or even totally…
Will there be more divorces or more babies after the coronavirus is over?
Will there be more divorces or more babies after the coronavirus is over? Both. Why more babies will be born than normal. Whenever two people of the opposite sex are…
Who is responsible for debt when you get a divorce or if you break up?
Who is responsible for debt when you get a divorce or if you break up? For the jurisdiction where I practice law (Utah), the law governing who can be made…
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.…
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…
Would/did you sign a prenup when you got married?
I did not. I generally do not favor young couples marrying for the first time making and signing prenuptial agreements. Here is why: Does signing a prenup change the relationship…
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.…
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…
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…
Should marriages have sunset clauses?
No. Thank God for marriage. Thank God for nuclear families. The last thing we need is one more to undermine the sanctity of marriage and family. The reason is obvious:…
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…
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.…
What are some interesting facts about child support?
Unless the court orders otherwise (and I have yet, after 22 years in practice, to see a court order otherwise), if you lose your job, you still have to pay…
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…
Can you fire your divorce lawyer? Yes!
Fire your lawyer? What can you do if you think your lawyer is doing a bad job representing you? Can you fire your lawyer? Your question is really two questions,…
Can you describe divorce in 3 words?
Costlier than anticipated. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Can-you-describe-divorce-in-3-words/answer/Eric-Johnson-311
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…
What are the most common reasons for divorce in 2019?
‘Same as they were in 2018 and for the last 40+ years or so, ever since the first no-fault divorce law was passed. Utah Family Law, LC | divorceutah.com |…
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…
Does an ongoing divorce make one a lame duck at work?
I believe what you mean to ask is, “Does an ongoing Divorce make you unable to focus and be productive at work?” The answer to that question is: for most…
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.…
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…
“Anyone know of a low cost or pro bono lawyer that can help me in my divorce and custody case?”
"Anyone know of a low cost or pro bono lawyer that can help me in my divorce and custody case?" There are at least two long-established offices I know of…
What is the easiest way to request alimony in a divorce?
In my jurisdiction (Utah) it would be as easy as making the request in the complaint for divorce, i.e., “Petitioner requests that he/she be awarded alimony.” If by your question…
What does it feel like to file for divorce when your spouse doesn’t know what’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…
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,…
Do you want to know your judge and/or commissioner? View their bench books.
You’ve filed for divorce or had a divorce case filed against you. For most people, this is their first contact with the legal system. This is new and unknown, and…
Should there be a mandatory “cool-off” period before you file for divorce?
Should married couples have a mandatory cooling-off period before they can file for divorce? And if so how long should the cooling off period be? Society desperately needs to reverse…
Utah Rules of Civil Procedure Rule 109. Injunction in Certain Domestic Relations Cases
UPDATE on new Utah Rules of Civil Procedure Rule 109: Utah Court Notices notices@utcourts.gov via usblists.utahbar.org 8:57 AM to utahstatebarnews Subject: [UtahStateBarNews] Notice of new effective date for Rule 109…
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…
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…
How does divorce affect you socially and mentally?
You will likely be (or feel like) a pariah for a while. You probably anticipated it, but it will still hit you harder that you expected and in ways you…
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…
Is it good for my marriage if we live with my mother in law?
Not necessarily. While it may not be common in the U.S.A. for adult married children to live with their parents or their parents to live with their adult married children,…
What’s the best age to get married and least likely to end up in a divorce?
24. Just kidding. While we can likely all agree that one should not marry too young and that one should not postpone marriage too long, there is no ideal age…
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…
Did divorce change the way you think of love, romance, marriage?
Did your divorce change the way you think of love, romance and marriage, and how? Those who divorce without good cause, i.e., when there isn’t abuse, cruelty, neglect, abandonment, substance…
New court rule for Utah divorce cases
The Utah Supreme Court has adopted a new effective date for newly created rule 109 of the Utah Rules of Civil Procedure. The rule was formerly effective May 1, 2019, but is…
Why would anyone go into marriage without a prenup?
In some cases a prenuptial agreement may be wise (older people who want to protect their sizeable assets and/or ensure their children inherit them, rich people who need protection from…
As an attorney, what was your favorite case and how did it go down?
Winning the argument over whether the children of a divorcing couple should bear their father’s last name, after the husband refused to believe he was the children’s (they were twins)…
Computer and Online Evidence in Divorce and Child Custody Cases
I learned from this article (see the link below) a few things I didn't know about computer and online evidence in divorce and child custody cases. You'd be wise to read…
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…
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…