Why Collaborative Divorce Usually Isn’t Worth It

In theory, collaborative divorce sounds ideal. What is "collaborative divorce"? The two spouses discuss together with their lawyers, mental health professional, financial specialist, and sometimes a child psychologist or development specialist…

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What are some good (and bad) reasons for changing one’s divorce lawyer mid-case?

Are there any potential drawbacks to switching lawyers, besides the added expenses and inconvenience? There are good reasons to switch lawyers, even if you realize this mid-case. That stated, there…

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Is There Anything I Can Do for Winning Custody After the Gal Report Is Favoring My Ex? Is Paying More to My Attorneys Worth It or No?

After you ask, “Is there anything I can do for winning custody after the GAL report is favoring my ex? Is paying more to my attorneys worth it or no?,”…

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Fair Treatment in Court by Braxton Mounteer, Legal Assistant.

The family law legal system likes to portray itself as a shining beacon of justice and equity, but I have seen first-hand that it is not. Whether it is opportunistic…

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Divorce Mediation – To Good to Be True (For Most People)

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.…

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Lawyers and Deadlines. By Braxton Mounteer

You have just received an email from your lawyer about a deadline that your lawyer needs your help to meet. What should you do? You are already extremely busy with your life and…

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Completeness of Documentation By Braxton Mounteer

One of the hardest documents for a Utah divorce litigant to prepare is the financial declaration. I am amazed at the number of clients who don't take this document and…

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What Does a Legal Assistant Think of Going Pro Se? By Braxton Mounteer

The term for representing yourself in court is "pro se" or "pro per". Can you navigate the legal system successfully without a lawyer representing you in your case? Before I…

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Important things divorce attorney clients need to know but would easily and freely be forgiven for not knowing without being told. No. 1:

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…

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How to Avoid Being Called a Liar in a Utah Case By Braxton Mounteer

Who would you believe more in a court case: a person who admits to his/her faults, who honestly discloses all of his/her relevant information (even the information that hurts his/her…

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The Importance of Working With Your Lawyer By Braxton Mounteer

I have noticed three chronic problems with clients in just the few weeks I have been working as a legal assistant. 1) Most clients seem to have an almost allergic…

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Can Divorce-Split Property Proceedings Be Done With Attorneys on a Contingency Pay Basis, Offering Lawyers a Part of the Estate to Pay for Court Costs?

I cannot answer this question as it applies in all jurisdictions because I am not licensed in all jurisdictions, but I can answer this question at that applies in the…

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How Are Family Law Attorneys Expected to Handle a Decision Made by the Judge? Do They Call Their Client and Explain It? Do They Have Their Office Manager Send the Decision to Their Client Without Explanation?

This is a great question because it is so basic, yet so important. These are the kinds of questions a client needs to have answered understood before he or she…

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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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Is there anything that can surprise a judge during a divorce proceeding?

Is there anything that can surprise a judge during a contested divorce proceeding?   Of course.   We’ve all read about cases where all of the circumstantial evidence indicated the defendant is…

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I signed a CPS safety plan but the court orders protective supervision.

What happens if I signed a CPS safety plan but the court orders protective supervision?  The court’s order supersedes the agreement.  Utah Family Law, LC | divorceutah.com | 801-466-9277   https://www.quora.com/What-happens-if-I-signed-a-CPS-safety-plan-but-the-court-orders-protective-supervision/answer/Eric-Johnson-311  …

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Do you lose child custody if you have a bench warrant?

Not merely for having a warrant out for your arrest, no.  Utah Family Law, LC | divorceutah.com | 801-466-9277   https://www.quora.com/Do-you-lose-child-custody-if-you-have-a-bench-warrant/answer/Eric-Johnson-311  

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Is it true that family courts get paid from child support payments?

Is it true that family courts get paid from child support payments? Can someone explain it to me or link me to an article that explains it?  The courts do…

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What is the best DIY book about divorce in the U.S.?

There isn’t one. There can’t be. I’ll explain why and what you can and should do if you want to go the DIY divorce by the book route.  The main…

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Law from a legal assistant’s point of view, week 22: The Rule of Law

By Quinton Lister, legal assistant Rule of law. The restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.  My time as a legal assistant for a divorce…

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How do I find out what my divorce case number was, if I’ve forgotten it?

It’s easy if you know what you’re doing. And if you don’t know what you’re doing, it’s easy to find someone who does know what to do.  In many jurisdictions,…

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Law from a legal assistant’s point of view, week 20: Lawyers

By Quinton Lister, legal assistant My boss at the law firm where I work (Utah Family Law, LC) has informed me more than once that, “divorce lawyers are, with few exceptions, terrible people”. I am…

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Where can I find a pro bono lawyer when being charged with contempt of child support in MN?

You may have a very difficult time finding free legal representation, BUT you may have a much easier time getting advice as to how you can and should proceed and…

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Law from a legal assistant’s point of view, week 15: Objections.

By Quinton Lister, legal assistant I think one of the least understood facets of the legal system by lay people (like myself, a new legal assistant) is the concept of…

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How long will an attorney work on your case if you can’t afford to pay them any more? This would be for a divorce and they start to realize that they’re not going to get money from the other spouse.

It depends mostly upon whether your attorney has a big heart and/or no head for business. Generally, an attorney who takes your case without being paid as he/she goes, but…

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In what ways do pro-bono cases help attorneys and law firms?

There are some great answers in this thread already. I hope that adding my two cents’ worth is informative too. I am a divorce and family lawyer. With rare exception…

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How do lawyers drag out court cases?

How do lawyers drag out court cases? In some respects, the ways are limited only by the power of one’s imagination, but the most common ways I have experienced in…

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Esquire? Why do attorneys often use this title on business cards and letterhead?

Why do attorneys often use the title "Esquire" in their business cards and letterheads? Because the kinds of attorneys who use "Esquire' are conceited and pretentious. There's a great article…

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Do lawyers ever regret helping a client or obtaining a particular judgment?

Do lawyers ever regret helping a client or obtaining a particular judgment?  Yes, yes, of course.  We all know that there are plenty of lawyers who will prostitute their professional skills for money…

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Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable outcome for oneself?

Lawyers, why do some cases drag for years without a conclusive decision? Does it help to get a favorable outcome or not? Does delay help one to get a favorable…

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Why do lawyers get paid no matter the results?

Why do lawyers get paid no matter the results? Your question assumes a false fact. Lawyers are not always paid no matter the results. One example is a contingency fee…

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Are all lawyers psychopaths? What is it like to be a divorce lawyer?

Are all lawyers psychopaths? No, although social science research repeatedly finds that law is one of the top professions to which psychopaths are drawn (it’s #1 or #2 on most…

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Why does someone need an attorney when they can just defend themselves in court?

Why does someone need an attorney when they can just defend themselves in court (pro se)? Why does someone need an attorney when they can just defend themselves in court?…

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Are older lawyers better?

Are older lawyers better? If by “older” you mean lawyers who are not fresh out of law school, the answer is: almost always yes. They don’t teach you how to…

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Believing Judges Interviewing Children Harms Children Rests on False Premises

This post is the eighth in series of 15 posts on the subject of custody evaluations and the appointment of guardians ad litem (“GALs” for short) in Utah child custody…

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