The Case for Fault-Based Divorce: A Perspective from the Trenches of Family Law
As a legal assistant at a family law firm (and as a soon to be law school graduate), I see firsthand how the current no-fault divorce regime can create problems…
Is It True That Some Men Pay Their Wives to Avoid Giving up Their House During Divorce Proceedings or Other Agreements?
Yes, it’s true; this happens sometimes. But more broadly speaking, there are all kinds of situations in divorce where both husbands and wives, fathers and mothers make extortionate deals to…
Kinsey v. Kinsey – 2024 UT App 120 – Termination of Alimony
Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…
Kinsey v. Kinsey – 2024 UT App 120 – termination of alimony
Kinsey v. Kinsey - 2024 UT App 120 THE UTAH COURT OF APPEALS JULIE KINSEY, Appellee, v. GLEN D. KINSEY, Appellant. Opinion No. 20230088-CA Filed August 22, 2024 Third District…
Does an ex-spouse have claims to properties purchased during the marriage but name is not on deed, deed states married man and no mention of the property or distribution in the divorce?
I can answer this question in the context of the law of Utah, which is the jurisdiction where I am licensed to practice divorce and family law. To learn the…
Why Don’t All Divorced Wives Get Half of Their Husbands’ Property?
Because divorce is not about a spouse (man or woman) getting “half of everything”. Depending upon whether a state is a “community property” state or an “equitable distribution” state, here…
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…
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,…
Is it easier to get a divorce if you and your spouse have nothing shared?
Is it easier to get a divorce if you and your spouse have no debts, no shared property, and no children? Typically, generally, usually, yes. In the overwhelming majority of…
Can a divorced spouse claim rights to a previous primary residence?
Can a divorced spouse claim rights to a previous primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that…
Can a divorced spouse claim rights to a premarital primary residence?
Can a divorced spouse claim rights to a premarital primary residence? A court can, in exceptional circumstances, award a spouse some or all of your premarital and separate property that…
Can I kick my spouse out of the house without his/her consent?
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…
Are prenuptial agreements used only to avoid divorce settlements?
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…
Can a parent discipline a child by taking the child’s phone away?
Can a parent discipline a child by taking the child’s phone away? Before researching this question, I thought the answer was obvious. It’s not. As a both a lawyer and…
Can I sell or trade in the family car while divorce proceedings are pending?
Can I sell or trade in the family car while divorce proceedings are pending? How would a spouse in process of divorce go about trading her van that is in…
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…
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…
Why is dividing money in a divorce so difficult? Shouldn’t it be as simple as take what each earned?
Why is dividing money in a divorce so difficult? Shouldn’t it be as simple as each takes what each earned? In Utah (where I practice law), the law is not…
What’s the best way to hide money from your spouse before divorce and where is the best place to hide it?
What's the best way to hide money from your spouse before divorce and where is the best place to hide it? You should not hide marital money from your spouse.…
What are some ways people who are getting divorced have hidden their assets?
What are some ways people who are getting divorced have hidden their assets? I have answered a question similar to this one previously on Quora: Eric Johnson's answer to: What's…
Can a wife expect a property to be split equally if she cheated?
Can a wife expect a property to be split between partners if she cheated on her partner in the US (assuming no contract has been signed)? Yes. People who are…
