How to Tell Your Kids About Divorce: A Unified Approach By Braxton Mounteer, Legal Assistant

Divorce is hard enough on spouses, but perhaps the most painful impact is on their children. The last thing you should do is create confusion, fear, and emotional scars in…

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How Do I Reconnect After Marriage Separation?

Believing that change is inevitable, normal, and survivable. Jonny Thomson made this reel on his Facebook page, “Mini Philosophy,” which I think answers your question about as well as it…

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If Your Husband Files for Divorce, Can He Ask You to Leave the House Immediately?

I can't speak for the law in all jurisdictions, but I can tell you what the law is where I practice divorce law (Utah). Can your spouse ask you to…

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What Is the Benefit of a Legal Separation (Separate Maintenance) or a Temporary Separation Order in Utah?

Many people ask what the benefits of a legal separation are. Aside from the obvious "it gives us the option of staying together, if we want to," are there other…

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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…

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What do I do if my husband will not agree to a marriage separation but I desperately need a separation (he’s emotionally and mentally abusive)?

I cannot speak for the law in all jurisdictions governing divorce and separation, but I can tell you what the law is for the jurisdiction where I practice (Utah):  One…

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Why are so many attorneys seemingly against legal separation?

Why are so many attorneys seemingly against legal separation? I truly feel in my circumstance its best for me/us. Is it because they wont make as much money? We have…

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Is staying with parents during pregnancy grounds for filing for divorce?

You don't have to come up with creative reasons for getting a divorce anymore in the age of no-fault divorce (in the U.S.A.).  You don't have to find a reason…

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If two unwed people have a child and split up, is it treated like a divorce?

If two people have a child out of wedlock, and they split up, is it treated like a divorce?  I will answer this question for the jurisdiction of Utah.  The…

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If you have 50/50 custody, how much vacation time from kids is approriate?

If you're separated and have 50/50 custody, how much vacation time away from your kid is appropriate? Too many variables to consider to give you an intelligent answer.  How old is the…

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How does a divorce and separation from one parent affect children’s future relationships? Can this cause trust issues or commitment issues in the kids’ future relationship?  

Can this cause trust issues or commitment issues in the kids’ future relationship? Yes, of course.   How? When the children have witnessed and experienced the destruction of their parents’ relationship—a relationship…

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Can I file for divorce and spousal support after being separated from my husband for 5 years?

This is an interesting question because if you have been financially independent of your spouse during your five year separation that implies that you don't need financial support from your…

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Can one spouse or the other avoid paying taxes on a joint tax?

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…

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2020 UT App 34 – Petrzelka v. Goodwin – alimony, income, retirement funds

2020 UT App 34 THE UTAH COURT OF APPEALS PEGGY PETRZELKA, Appellee, v. JAMES E. GOODWIN, Appellant. Opinion No. 20180923-CA Filed March 5, 2020 First District Court, Logan Department The…

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How is the custody going to work after separation?

After filling for legal separation where is my only child going to stay? I have my child with me right now. How is the custody going to work after separation?…

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