Blog - Divorce Utah

Do parents who share joint equal custody pay child support?

Do parents who share joint equal physical custody of their children pay child support? If my spouse and I were to agree to share joint equal physical custody (50-50) of our child or children, would one of us still end…

Why would a court/judge want the opposing parties to settle?

March 8, 2021

Divorce Utah

Divorce Fears, Divorce Law, Divorce Preparedness, Judges, Mediation, Men's Divorce Issues, Negotiation, Women's Divorce Issues

out of court settlement, reaching agreement, settle, settlement

Why would a court/judge want the opposing parties to settle? Because if the parties settle, then the judge does not have to preside over a trial in the parties’ case. Utah Family Law, LC | divorceutah.com | 801-466-9277

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 and litigate any case as long as the price is…

S.B. 122 just passed! So what? Joint equal physical custody.

March 6, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Support, Child Support Calculation, Court Orders, Custody, Custody Evaluation, Daycare, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Domestic Relations Commissioners, Family Law, Fathers' Divorce Issues, Holiday Parent-time, Joint Physical Custody, Judges, Justice and Equity, Legal System, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Parental Fitness, Parental Rights, Parenting Plan, Physical Custody, Preparing for Divorce, Uncategorized, Utah Code, Utah Law, Women's Divorce Issues

§ 30-3-35.2, §30-3-35.2. Equal parent-time schedule, 30-3-35.2, ability to assist, actively involved, after school care, assistance with homework, bath time, bedtime for the child, caring for the child, child's life, child's school, child’s best interest, demonstrated responsibility, distance, each parent, effectively facilitate, equal, equal custody, equal parent-time, equal parent-time schedule, extracurricular activities, factors, flexibility of employment, geographic distance, health of each parent, health of parent, health of the child, history and ability to implement a flexible schedule for the child, involvement in child care, joint custody, joint equal custody, meal preparation, parent's bond with the child, physical facilities of each parent's residence, presence, provide appropriate playtime, relevant, residence, s.b. 122, Subsection 30-3-10(6), Utah code, volunteer efforts

S.B. 122 (4th Substitute) passed by the Utah State Legislature March 5, 2021! Who should care and why? The elephant in the room is this: if there is no gender bias/sexual discrimination that is preventing fit, able, worthy fathers from…

S.B. 122 passes, despite opposition from the State Bar Family Law Section.

March 6, 2021

Divorce Utah

Child Custody, Children in Divorce, Custody, Divorce Attorneys, Divorce Fears, Divorce Lawyers, Divorce Procedure, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Unwed Parents, Utah Law, Women's Divorce Issues

2021 legislative session, joint equal physical custody, s.b. 122, Utah State Legislature

S.B. 122 passes, despite transparently self-serving and disingenuous opposition from the State Bar Family Law Section. The Family Law Section’s stated opposition to the first iteration of S.B. 122 and to the general concept of a presumption of joint equal…

In court cases, how does taking an oath make any difference?

In court cases, how does taking an oath make any difference? From what I can tell, yes, it appears that taking an oath or affirming to tell the truth before being questioned as a witness in a legal proceeding (whether…

Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19?

March 4, 2021

Divorce Utah

Child Custody, Child Custody Modification, Court Orders, Legal System, Modification of Child Support, Termination of Parental Rights, Utah Court of Appeals Decisions

custody, grandma, grandmother, lawsuit, mom, Parent Time, parental rights, suing

Can grandma sue for custody/visitation if you stopped taking the child to visit because of COVID-19? What would you do if your mother sued you for custody/visitation of a grandchild after you stopped taking the child to see her because…

How can a uncontested divorce be considered a law suit? Does the court even get involved in that case?

March 3, 2021

Divorce Utah

Amicable Divorce, No fault divorce, Uncontested Divorce, Women's Divorce Issues

agreeable, agreement, amicable, divorce, easy, lawsuit, not fighting, unargumentative, uncontested

How can a uncontested divorce be considered a law suit? Does the court even get involved in that case? A law suit is a claim or dispute brought to a court of law for adjudication. A divorce action is a…

Do you need a reason to get a divorce?

Do you need a reason to get a divorce? Not really, at least not in the jurisdiction where I practice divorce law (Utah). Even if you get a “no fault” divorce (“no fault divorce” means that you don’t have to…

Allen v. Allen – 2021 UT App 20 – custody, alimony, child support

March 1, 2021

Divorce Utah

Alimony and Support, Child Custody, Child Support, Child Support Enforcement, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Spousal Support, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

alimony, child custody, Child Support, contempt, custody, spousal support, Utah Court of Appeals

Allen v. Allen – 2021 UT App 20 http://www.utcourts.gov/opinions/view.html?court=appopin&opinion=Allen v. Allen20210225_20190369_20.pdf 2021 UT App 20 THE UTAH COURT OF APPEALS REBECCA ELLEN ALLEN, Appellee, v. KENT DARIUS ALLEN,Appellant. Opinion No. 20190369-CA Filed February 25, 2021 Third District Court, Salt Lake…

Why do attorneys often use the title Esquire in their business cards and letterheads?

February 25, 2021

Divorce Utah

Coping With Divorce, Divorce Attorneys, Divorce Lawyers, Divorce Preparedness

arrogant, concieted, egomaniac, entitled, flippant, grandparent rights, pompous, pretentious, pride, proud, psychotic

Why do attorneys often use the title Esquire in their business cards and letterheads? Because those kinds of attorneys are conceited and pretentious. There’s a great article about this on abovethelaw.com entitled “Get Over Yourself and Stop Calling Yourself Esquire”:…

What are marriages that are exempted from marriage license requirements?

What are marriages that are exempted from marriage license requirements? Technically speaking, the only marriage that could be considered “exempt” from a marriage license requirement (meaning free from the requirement to obtain a marriage license as a condition of marrying)…

What are suggestions for modifying child custody for an alternating weekend schedule if Monday drop-offs are removed and weekdays are not an option?

What are suggestions for modifying child custody for an alternating weekend schedule if Monday drop-offs are removed and weekdays are not an option? Is this a trick question? Correct me if I am mistaken, but if the requirements and restrictions…

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 outcome for oneself? It certainly can. It depends upon the…

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 case. A contingency fee case is one in which the…

Married a short time. He demands discovery going back years. Can he?

Married a short time. He demands discovery going back years. Can he? Married 16 months. He became abusive almost immediately after. I filed for divorce. He and his attorney is requesting bank statements and my previous divorce information -real estate…

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support?

I was divorced and lied to during my divorce and I am disabled can I take my ex back to court for spousal support? Can you try? Yes. Will you succeed? Probably not. Unless you can prove (not persuade, but…

Do I have to respond to discovery questions in a divorce?

Do I have to respond to discovery questions in a divorce? Yes, unless you can persuade the court that some or all of the discovery requests: violate the rules governing discovery, such as exceeding the number of discovery requests allowed; are unreasonable…

Why do attorneys often use the title Esquire in their business cards and letterheads?

February 15, 2021

Divorce Utah

Divorce Attorneys, Divorce Lawyers

attorneys, counselor, esquire, lawyers

Why do attorneys often use the title “Esquire” in their business cards and letterheads? Because those kinds of attorneys are conceited and pretentious. Get Over Yourself And Stop Calling Yourself ‘Esquire’ Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Why-do-attorneys-often-use-the-title-Esquire-in-their-business-cards-and-letterheads/answer/Eric-Johnson-311

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

February 14, 2021

Divorce Utah

Dirty Tricks, Divorce Attorneys, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Visitation, Women's Divorce Issues

divorce lawyer, every walk of life, lawyers, nurses, psychopaths, social science top professions, therapists

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 rankings). That obviously does not mean that all lawyers are…