Blog - Divorce Utah

Can I Change Terms of Another State’s Guardianship?

February 21, 2019

foreign state guardianship, Modification, modifying guardianship

Is there any way to change the terms that were set for guardianship of my daughter in Iowa? I was forced into this by my ex’s sister when he passed away. I was approached by her lawyer after my ex’s…

What’s the best age to get married and least likely to end up in a divorce?

February 20, 2019

Divorce Utah

Divorce Prevention/Marriage Preservation

age to avoid divorce, best age to marry, how old to marry

24. Just kidding. While we can likely all agree that one should not marry too young and that one should not postpone marriage too long, there is no ideal age at which to marry. Precisely when to marry so as…

2019 UT App 24 – Bountiful City v. Baize – child abuse vs. discipline

February 19, 2019

Divorce Utah

Abuse, Child Abuse, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions

child abuse, discipline, spanking, Utah Code section 76-2-401, Utah Code section 76-5-109

2019 UT App 24 THE UTAH COURT OF APPEALS BOUNTIFUL CITY, Appellee, v. NATHAN DAVID BAIZE, Appellant. Opinion No. 20170155-CA Filed February 14, 2019 Second District Court, Bountiful Department The Honorable Glen R. Dawson No. 161800370 Scott L. Wiggins, Attorney…

Should I always stand up to my spouse in every dispute?

February 18, 2019

Divorce Utah

Divorce Prevention/Marriage Preservation

argument, dispute, fight, spouse, stand up

No. Here is why: No one should defend a position one knows to be wrong; Even if, arguendo, your spouse were always in the right in every dispute: One may occasionally find it better not defend one’s position when the…

Nebeker v. Orton – 2019 UT App 23 – custody and parent-time

2019 UT App 23 THE UTAH COURT OF APPEALS SHANE NEBEKER, Appellant, v. TRISHA ANN ORTON, Appellee. Opinion No. 20170438-CA Filed February 14, 2019 Sixth District Court, Richfield Department The Honorable Marvin D. Bagley No. 154600140 Jared L. Peterson, Attorney…

Is adultery a misdemeanor or a felony, or does it depend on the State?

February 15, 2019

Divorce Utah

Adultery

adultery, crime, felony, misdemeanor, Utah

In the jurisdiction where I practice (Utah), the law is: 76-7-103. Adultery. (1) A married person commits adultery when he voluntarily has sexual intercourse with a person other than his spouse. (2) Adultery is a class B misdemeanor. There are…

Is it common in a marriage for me to be cleaning up after my husband?

February 14, 2019

Divorce Utah

Divorce Prevention/Marriage Preservation

cleaning up after husband, divorce prevention, preventing divorce

Many men who, if their mothers were homemakers, understandably believe that one of a wife’s duties is housekeeping and cleaning up after her family members. Fewer women are homemakers now, but men my age often had mothers who did the…

As an attorney, what was your favorite case and how did it go down?

February 13, 2019

Divorce Utah

Children in Divorce, Divorce Attorneys, Divorce Law, Divorce Lawyers

child last names, child surnames, divorce

Winning the argument over whether the children of a divorcing couple should bear their father’s last name, after the husband refused to believe he was the children’s (they were twins) father when his wife announced to him that she was…

What TV or movie lawyer is the most realistic?

February 12, 2019

Divorce Utah

Divorce Attorneys

most realistic, movie lawyers, TV lawyers

What TV or movie lawyer is the most realistic? While there are some larger than life personalities in the actual practice of law, they consist mostly of the clown/peacock exceptions that prove the rule. And the rule is: A) the…

Mortgage and Divorce: Navigating Financial Independence (by Redfin)

February 12, 2019

Divorce Utah

Marital Home, Marital Property, Real Estate/Real Property

dividing proceeds, dividing profits, lease, refinancing, rent, selling

Guest blog post from Redfin: Mortgage and Divorce: Navigating Financial Independence https://www.redfin.com/blog/mortgage-and-divorce https://www.redfin.com/blog/ If you look at the data provided by the Centers for Disease Control and Prevention for 2016, you can easily see that nearly half of all married…

Can I voluntarily terminate my parental rights?

February 11, 2019

Divorce Utah

Parental Alienation, Parental Rights, Termination of Parental Rights

parental rights, terminate, voluntarily termination of parental rights

My daughter hates me, my ex wants me out of their lives, and we have agreed to give up my parental rights. What can we do to terminate my parental rights? In Utah (where I practice family law), you can…

A real client’s questions about divorce settlement and mediation

Here is a real client’s questions about divorce settlement and mediation. Don’t worry, I’ve removed the names and changed out the details to protect confidentiality. This client asked a lot of questions that frequently come up, so the client’s e-mail…

Does Child Support Automatically End? Or Do I Have to Request That?

February 7, 2019

Divorce Utah

Child Custody Modification, Child Support

78B-12-219, child support ending, child support terminating, child support termination, ORS, Utah code

QUESTION: Hi there, Eric. I am current on my child support and will continue to be current on what I own until my children are 18. At that time, will my payments automatically stop or will I have to go…

Mental Health Professionals: How to Make Good (and honest) Use of Them in Divorce and Child Custody

Many spouses and parents going through a divorce and child custody case may believe there is value in using mental health professionals. This can be true, if you use mental health professional services correctly. This is a case of the…

Which is best, divorce or stay married for the sake of the kids?

February 5, 2019

Divorce Utah

Amicable Divorce, Best Interest of the Child, Children in Divorce, Divorce Prevention/Marriage Preservation

divorce or stay married?, stay together for the kids, stay together for the sake of the children

Question: Do you think married people should be able to get a divorce if one or both sides no longer love the other even if they have a kid/kids, or if they have a kid/kids they should only be able…

Computer and Online Evidence in Divorce and Child Custody Cases

February 4, 2019

Divorce Utah

Dirty Tricks, Divorce Fears, Divorce Law, Divorce Preparedness, Preparing for Divorce, Spousal Spying

child custody, computer, cyberstalking, divorce, evidence, hacking, online, spyware

I learned from this article (see the link below) a few things I didn’t know about computer and online evidence in divorce and child custody cases. You’d be wise to read it too, regardless of whether you believe your spouse is…

What are options for a parent who’s ex works the judicial system with the purpose of making the parent miserable?

February 1, 2019

Divorce Utah

Coping With Divorce, Dirty Tricks, Divorce Costs, Divorce Law, Divorce Mistakes, Divorce Preparedness, Legal System, Preparing for Divorce

cheating, corruption, gamesmanship, gaming the system, working the legal system

What are options for a parent who’s ex works the judicial system with the purpose of making the parent miserable? Said parent is losing time with her child because her ex is “friends” with the judge who rules in favor…

I recorded my husband telling me that he wants to hit me. Will this help me obtain custody of our child?

January 31, 2019

Divorce Utah

Child Custody, Children in Divorce, Custody, Dirty Tricks, Divorce Fears, Divorce Mistakes

dirty tricks, gamesmanship

Question: I’m going through a divorce. A day ago, I recorded my husband telling me that he “wants to hit me in the face.” Will this evidence help me obtain full legal custody of our child? Answer: Good grief! Your…

Can a stepparent get custody of a stepchild, if the biological/adoptive parent’s parental rights are terminated?

January 30, 2019

Divorce Utah

Child Custody, Custody, Stepparents

child custody, custody, stepparents

Question: If a child’s parents were to lose custody of him, and the only family member left was the stepparent’s family (not legally related), would the stepparent(s) get the child? Answer: Not as a matter of right. They could try…

How can I prepare myself mentally for divorce?

I will answer your question based upon the presumption that you have already gone through the agonizing process of determining that you need to divorce. In other words, I will not treat your question as asking how you determine whether you should divorce. How…