Blog - Divorce Utah

Overcome Prejudice from a Bogus Restraining Order in Divorce

July 16, 2018

Dirty Tricks, Protective Orders, Protective Supervision, Restraining Orders

bogus, divorce, overcome, protective order, restraining order, unfair, win

How can you win child custody during a divorce if your spouse puts a restraining order against you, based solely on verbal testimony and not pertaining to the children themselves? 1. The odds are against you, even if you are…

Are divorce courts biased towards either gender?

Are divorce courts biased towards either gender? Yes. It’s not usually motivated by animus toward men or women (although there are some judges who are clearly biased against men or women), primarily it’s culturally motivated. Culturally in the U.S. there…

Being the Best Client Helps Ensure You Have the Best Lawyer

July 12, 2018

Divorce Utah

Divorce Attorneys, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

attorney-client communication, communicating with your lawyer

Being the best client helps ensure you have the best lawyer. In trying to express this in greater detail I came across this article from an Australian divorce lawyer that states the case well. While I do not agreed with every…

Is it unreasonable to insist Dad/Mom provide clothes for the kids at his/her place?

July 11, 2018

Divorce Utah

Best Interest of the Child, Child Care/Surrogate Care, Child Custody, Child Support, Child Support Enforcement, Children in Divorce, Coping With Divorce, Dirty Tricks, Divorce Mistakes, Divorce Preparedness, Parent Time, Visitation

clothes, clothing, keep, Parent Time, return, visitation

QUESTION: Is it unreasonable for me to assume my kids would have their own clothes at their dad’s place? He has been requesting that I send specific items with the kids for his weekends (stuff like swim shirts, church clothes,…

How Do I Get My Ex Prosecuted for Custodial Inteference?

July 10, 2018

Divorce Utah

Child Custody, Contempt of Court, Coping With Divorce, Custodial Interference, Divorce Law, Divorce Preparedness, Divorce Procedure, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

contempt of court, custodial interference, motion, motion for order to show cause, order to show cause

QUESTION: What can I file in court for custodial interference? Is it just a matter of filing a motion for order to show cause? Or is there more to it? ANSWER: Custodial interference is a crime, so you cannot file…

There is no cheap or free legal services shortcut

July 9, 2018

Divorce Utah

Attorney Fees, Divorce Costs, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Lawyer Fees

cheap, delusion, free, legal services, self-deception, shortcut

“There are two ways to be fooled. One is to believe what isn’t true; the other is to refuse to believe what is true.” ― Søren Kierkegaard “A great deal of intelligence can be invested in ignorance when the need…

In re B.C. – 2018 UT App 125 – The Utah Court of Appeals

July 6, 2018

Divorce Utah

Termination of Parental Rights

404(b) of the Utah Rules of Evidence, termination of parental rights, Utah Code § 58-37f302(2), Utah Code § 78A-6-508(2)(c)

2018 UT App 125 – THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF B.C. AND A.C., PERSONS UNDER EIGHTEEN YEARS OF AGE. B.C. AND T.C., Appellants, v. STATE OF UTAH, Appellee. Per Curiam Opinion No. 20180252-CA Filed…

Which lawsuit judgments can be considered marital property?

July 5, 2018

Divorce Utah

Division of Marital Property, Divorce Costs, Marital Property

379 P.3d 933, Andersen v. Andersen, debilitation, disability, disfigurement, law suits, lawsuits, marital property, pain, personal injury, suffering

When lawsuit judgments may or may not be marital property: lessons from Utah appellate case law In the Utah divorce case of Andersen v. Andersen, 379 P.3d 933 (Utah Court of Appeals 2016), the husband appealed the trial court’s denial…

Using Smart Home Devices to Stalk and Harass

July 4, 2018

Divorce Utah

Abuse, Protective Orders, Stalking, Uncategorized

harassment, phone, protective orders, smart device, smart home, smart phone, stalking, telephone, utilities

Lawyers consider restraining orders to stop abusers from using smart home devices to harass – but you can protect yourself Some domestic abusers are using smart home devices to intimidate, harass, watch and listen to their victims. Lawyers are grappling…

What can I do if my ex has tens of thousands and plans on taking me to court repeatedly in different states until my ex gets full custody?

July 3, 2018

Divorce Utah

Child Custody, Child Custody Modification, Children in Divorce

child custody, custody battle, custody fight, UCCJEA, Uniform Child Custody Jurisdiction Enforcement Act

What can you do if your ex has tens of thousands to spend on child custody litigation and plans on taking you to court repeatedly in different states until your ex gets full custody? Plenty. The questions really are 1)…

What kind of lawsuit judgments are marital property?

July 2, 2018

Divorce Utah

Marital Property

379 P.3d 933, Andersen v. Andersen, award, civil lawsuit judgments, debilitation, disability, disfigurement, judgment, law suit, marital property, pain and suffering, personal injury

When lawsuit judgments may or may not be marital property: lessons from Utah appellate case law In the Utah divorce case of Andersen v. Andersen, 379 P.3d 933 (Utah Court of Appeals 2016), the husband appealed the trial court’s denial…

2018 UT App 130 – Bergmann v. Bergmann – prenuptial agreements

June 30, 2018

Divorce Utah

Attorney Fees, Divorce Costs, Divorce Law, Prenuptial Agreements, Utah Court of Appeals, Utah Court of Appeals Decisions

mutual mistake, premarital agreements, prenutpial agreements

2018 UT App 130 – Bergmann v. Bergmann THE UTAH COURT OF APPEALS KAREN BERGMANN, Appellee, v. EUGENE D. BERGMANN, Appellant. Opinion No. 20160217-CA – Filed June 28, 2018 Fourth District Court, Provo Department – The Honorable James R. Taylor…

What is the average cost of divorce, when child custody is contested?

How much does it cost to divorce on average, with two kids and contested custody? On average? I’d say around $20,000, if the case is contested. But, as you will see if you read and watch the experience of others who…

How Utah courts have parents take care of their children after divorce

June 29, 2018

Divorce Utah

Child Custody, Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Parent Time, Visitation, Women's Divorce Issues

345 P.3d 566 (2015 UT 23), child custody, Dahl v. Dahl, Parent Time, Utah Code § 30-3-10, Utah Code § 30-3-10.2, Utah Code § 30-3-10.8, Utah Code § 30-3-10.9, Utah Code of Judicial Administration Rule 4-903

Child Custody: How do courts provide for parents to take care of their children after divorce? When parents divorce, one of the biggest potential conflicts is the question of child custody. Many issues in divorce, such as disputes over finances,…

Do you believe in public shaming of parents who don’t pay child support?

June 28, 2018

Divorce Utah

Child Support, Children in Divorce, Contempt of Court

Child Support, public shaming

Do you believe in public shaming of parents who don’t pay child support? No, for at least four major reasons (in no particular order): Public shaming of a parent who chooses not to pay? That might cause child support to…

What was it like to lose your siblings during a divorce?

June 28, 2018

Divorce Utah

Child Abuse, Child Custody, Children in Divorce, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

divorce, separating, separation, siblings, split

What was it like to lose your siblings during a divorce? I am a divorce lawyer, but neither I nor my parents ever divorced. I do not know personally what it feels like to be separated from siblings as a…

Evidence: What will the court admit, and why (relevance vs. materiality)?

June 27, 2018

Divorce Utah

Divorce Law, Divorce Preparedness, Divorce Procedure, Evidence

evidence, material, material evidence, materiality, probative, prove, relevance, relevant, relevant evidence, Rule 401, tend, tendency

The decision of whether to admit or exclude evidence in a hearing or trial belongs to your commissioner or judge. Even on appeal, the evidentiary decisions of the commissioner or judge will only be overturned if “abuse of discretion” is…

My adult child wants his father to me pay the back child support.

June 27, 2018

Divorce Utah

Child Support, Child Support Enforcement

My child has met his estranged father after 20 years, they are getting along great and my child wants to ask him to pay me belated child support. I’m worried this will cause trouble between them. What are your thoughts?…

Am I disadvantaged in a child support case, if the other parent has a lawyer and I don’t?

June 26, 2018

Divorce Utah

Child Support, Child Support Enforcement, Children in Divorce, Divorce Attorneys, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

pro per, pro se, self-represented, unrepresented

What happens in child support cases when the custodial parent has an attorney but the non-custodial parent doesn’t? Does that mean they usually pay more because there isn’t another attorney to negotiate with? Yes, that is usually what happens, and…

My boyfriend wants to adopt my son, but my son doesn’t want to be adopted.

June 25, 2018

Divorce Utah

Adoption

biological dad, biological father, child preference, step parent adoption, stepparent adoption

How should I respond to a boyfriend that is determined to adopt my child if we marry even though the father pays child support and the child seems stressed by the idea of effectively changing fathers despite really liking my…