Blog - Divorce Utah

Can a parent with full custody deny visitation due to unsanitary conditions?

Can a parent with full custody refuse to allow visitation due to unsanitary living conditions? Good question. I will answer this question in the context of some applicable law for the jurisdiction where I practice divorce and family law (Utah).…

Can a 16-year-old child choose not to have visitation with a parent?

Technically, no. Practicably/pragmatically, yes. Technically, a minor child (even a child of 16 years of age) does not have the legal right to choose whether he or she will comply with the parent time “visitation” scheduling orders that a court…

How is a narcissist exposed in a court of law?

August 9, 2022

Divorce Utah

Court Orders, Court Rules, Divorce, Divorce Court, Divorce Law, Mental Illness, Personality Disorders

BPD, court, court of law, Divorce Court, mental health concerns, narcissist, NPD, personality disorders, rules

You’re not asking the best question. First, understand that many divorcing people see their spouses as “narcissistic” because at the time of divorce they tend to see the worst in everything about their spouses. Little personality quirks and foibles of…

In re G.B. – 2022 UT App 98

August 9, 2022

Divorce Utah

Abuse, Addiction, Best Interest of the Child, Child Abuse, Child Custody, Child Neglect, Emotional abuse, ORS (Office of Recovery Services), Physical Abuse, Physical Custody, Substance Abuse

child abuse, child neglect, drug issues, juvenile court

2022 UT App 98 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF G.B. AND A.C., PERSONS UNDER EIGHTEEN YEARS OF AGE. T.R.B., Appellant, v. STATE OF UTAH, Appellee. Opinion No. 20210396-CA Filed August 4, 2022 Fifth…

Is it possible to get court transcripts for custody hearings?

Every jurisdiction is different regarding which court hearings are open to the public and whether recordings of their proceedings are available to the public or even to the parties’ themselves. Every jurisdiction is different regarding how court proceedings are recorded…

Week 3: Being a Legal Assistant

August 5, 2022

Divorce Utah

Legal Assistant

legal assistant

The following five things are the top things I do each week as a new legal assistant: Phone calls Emails Help complete documents/form and file them Review information/evidence Attend hearings virtually PHONE CALLS: I make phone calls to ask…

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 cases. You identified three of the top four reasons, in…

What’s it called when a judge gives a party an illegal advantage?

August 3, 2022

Divorce Utah

Judges, Justice and Equity

advantage, etymology, judge, law, legal, legal system, party to an action, prefix, prejudice, prejudicial, suffix, unfair advantage

I believe one term you may be thinking of is “prejudice.” The word “prejudice” has a particular meaning in the law. According to Black’s Law Dictionary (the bible of legal definitions): 2. A preconceived judgment or opinion formed with little…

So I want to ask my dad to divorce my mom.

So I want to ask my dad to divorce my mom. She has a troublesome personality, to say. I’m currently 16 and the relationship between not just me and my mother, but also the one between her and my father,…

Can I gain full custody if I’m bipolar?

I don’t want anything to do with my child’s father. Can I gain full custody if I’m bipolar? First, thank you for being so candid and blunt. This is a question that everyone on both sides of this issue have…

Week Two of Being a Legal Assistant

July 29, 2022

Divorce Utah

Legal Assistant

legal assistant

This is my first whole week of being a legal assistant and my second week on the job. A lot of the time I am reminded of information I already know from my law and political science classes I took…

Does it take time to move on after a midlife divorce?

July 28, 2022

Divorce Utah

Coping With Divorce, Divorce, Divorce Fears, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

change, continuing, coping, hard divorce, life after divorce, long marriage, misery, move on, necessity

For most people, generally yes. However one may define “move on,” the longer one is married (especially when the couple has lived together for the duration of the marriage and has had children), a divorce is a major upheaval in…

Would the divorce rate drop if the parties had to see a psychologist first?

What do you think would be the rate of divorce in marriages if psychologists were to be consulted in court by couples before proceeding to see the lawyer for divorce? Your intentions are good, your proposal won’t work. Short answer:…

Fox v. Fox 2022 UT App 88 – alimony

Fox v. Fox 2022 UT App 88 THE UTAH COURT OF APPEALS DIANN SHERI FOX, Appellant, v. BENJAMIN DAVIS FOX, Appellee. Opinion No. 20200949-CA Filed July 14, 2022 Fifth District Court, St. George Department The Honorable Matthew L. Bell No.…

Can you go back to your ex-spouse after a divorce?

July 25, 2022

Divorce Utah

Divorce, Divorce Court, Divorce Law, Family Law, Legal System, Utah, Utah Code, Utah Law

divorce, divorce law, ex-spouse, family, family law, jurisdiction, law, legal, spouse, Utah law

Yes, there is no law (I know of in any jurisdiction of which I am aware, but check in your jurisdiction to be sure) against a divorced couple resuming a romantic relationship or from remarrying. Utah Family Law, LC |…

What are the primary concerns in determining parenting issues? Why?

What are the primary concerns of the courts in determining parenting issues? Why? In Utah (and in no particular order), the court must consider the factors articulated in these sections of the Utah Code when making a legal and physical…

Are divorce records public?

I cannot speak for all jurisdictions, but for the jurisdiction where I practice divorce law the answer is “yes”. See Utah Code § 30-3-4(2)(b): §30-3-4. Pleadings–Decree–Use of affidavit–Private records (b) If the court finds that there are substantial interests favoring…

If each parent is fully capable, will the court still give full custody to mom?

If both parents are wonderful, will the court still lean towards full custody to the mother? [Note: I am a divorce lawyer of 25 years. I am not bitter about “what happened to me in my divorce” as I am not divorced.…

Can an adult child be sued for helping one parent divorce the other?

Taking your question literally: Can? Yes. You can file a lawsuit for any “reason” or no reason at all. Crazy and/or malicious people file crazy/malicious/frivolous/unintelligible lawsuits all the time. Just because you can file a lawsuit does not mean, however,…

What is the brutal truth about a third marriage?

July 18, 2022

Divorce Utah

Divorce, Divorce Causes, Divorce Fears, Divorce Preparedness

divorce, divorce rate, family, husband, multiple marriages, spouse, third marriage, wife

That it is likely going to end in divorce. https://www.psychologytoday.com/us/blog/the-intelligent-divorce/201202/the-high-failure-rate-second-and-third-marriages Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/What-is-the-brutal-truth-about-a-third-marriage/answer/Eric-Johnson-311?prompt_topic_bio=1