Blog - Divorce Utah

Do I have to publish name change in newspaper in Utah?

June 18, 2021

name change, petition, publication, Utah law

No, Utah law governing name change does not require you to publish in the newspaper your new name or the fact that you have changed your name. What happens in Utah is that you prepare your petition for name change, file it…

What are the grounds for filing for a divorce in Utah?

First, you need to understand that Utah, like every other state in the U.S. has what are known as a “no-fault divorce law”. No-fault divorce means that you don’t have to plead or show that your spouse committed any kind…

Can there be a prenup that will protect the salary you earn during the marriage?

June 16, 2021

Divorce Utah

Divorce Mistakes, Divorce Preparedness, Marital Estate, Marital Home, Marital Property, Women's Divorce Issues

damages, divorce, eviction, jurisdiction, landlord, temporary orders, temporary possession orders, tenancy, tenancy at will, unlawful detainer

In the context of alimony, no ( at least not in the jurisdiction where I practice divorce and family law, which is Utah). A prenuptial agreement provision that purports to bar a spouse from qualifying to receive alimony in the…

Am I held to what I said first as a witness, even if I immediately corrected my mistake once I realized it?

It is not merely a question of how quickly the witness corrects his or her answer. Sometimes a lawyer will ask a witness for precise details simply not because those details crucial to resolving a particular issue but simply because…

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 spouse. Contrastingly, if for the past five years you have…

How hard did you have to fight to get custody of your child after divorce as a father? What was the biggest problem you faced?

Allow me to start this answer by clearing the air a bit: First, there are many fathers who are clearly unfit fathers but who nonetheless believe the only or the “real” reason they are denied sole or even joint custody…

Can anyone find out which spouse filed for a divorce?

June 10, 2021

Divorce Utah

Divorce, Divorce Law, Divorce Preparedness, Men's Divorce Issues, Women's Divorce Issues

couple, court, divorce, file, filing, public record, spouse

I cannot speak for all jurisdictions, but in the state of Utah (where I practice divorce and family law), if you know that a couple is divorcing or is divorced, and you know the name of at least one of…

In our society what shows that we value fathers as parents?

In our society what shows that we value fathers as parents? When it comes to child custody awards (i.e., the award of legal and/or physical custody)? Society values fathers far too little when it comes to child custody awards. I…

Do you automatically lose your kid if CPS takes you to court?

No, but if CPS or DCFS or DFS or whatever your jurisdiction calls that particular agency of the state filed an action in court to place your children in foster care and/or to terminate your parental rights, the odds are…

Can I get a stalking injunction against someone in a different state who stalks via social media?

June 7, 2021

Divorce Utah

Civil Stalking, Civil Stalking Injunction, Men's Divorce Issues, Protective Orders, Utah Code, Utah Law, Women's Divorce Issues

Chapter 7, civil stalking injunction, electronic, protective order, social media, stalking injunction, text message, Title 76, Title 78B, Utah code

How would you go about getting an order of protection against someone in a different state for harassment and stalking via social media? I will answer your question based upon the law of the state of Utah, where I practice…

What is being a single parent without joint custody like in your country?

If a loving, able parent (i.e., a fit parent who lives in close enough proximity to the child(ren)’s other parent such that joint legal and physical custody does not work a genuine hardship on the children) would like nothing more…

What exactly does the term “will make best efforts” mean in a child custody case?

June 3, 2021

Divorce Utah

Child Custody, Custody, Fathers' Divorce Issues, Legal Custody, Men's Divorce Issues, Mothers' Divorce Issues, Parental Rights, Physical Custody, Women's Divorce Issues

child, child custody, custody

Great question. Here’s a good summary taken from the world of contract law (frankly, the definition of the term “best efforts” likely applies equally well when the term is utilized in a settlement agreement and/or court order in the divorce…

Why should I pay child support if the other parent isn’t asking for it (and doesn’t need it)?

This question doesn’t come up very often, but it does come up. I will answer this question according to the law of Utah, which is the jurisdiction where I practice divorce and family law (which includes the issue of child…

After a divorce, should my kids be with me or with the mom?

June 1, 2021

Divorce Utah

Abuse, Addiction, Adoption, Best Interest of the Child, Business Interests, Child Abuse, Child Custody, Child Custody Modification, Child Neglect, Children in Divorce, Coping With Divorce, Court Orders, Court Rules, Custody, Custody Evaluation, Dirty Tricks, Divorce, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Divorce Procedure, Domestic Violence, Emotional abuse, Equity, Evidence, Family Law, Fathers' Divorce Issues, Joint Legal Custody, Joint Physical Custody, Judges, Justice and Equity, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Decree of Divorce, Modification of Parent-time, Mothers' Divorce Issues, Motion Practice, Noncustodial parents, Parent Time, Physical Custody, Sole Custody, Unwed Parents, Utah Code, Utah Law, Women's Divorce Issues

child custody, fathers, joint custody, joint equal custody, legal custody, mothers, parent, parents

First, you need to understand that you’re asking the wrong question. Child custody is not a zero-sum game; otherwise stated, when parents divorce, or when unmarried parents separate, where you get the idea that the children must be in the…

What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married?

What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married? It is possible to get an agreement like a prenuptial agreement…

Why is it OK for a parent to be given custody without their kids’ consent?

May 28, 2021

Divorce Utah

Best Interest of the Child, Child Custody, Child Custody Modification, Custody, Custody Evaluation, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness, Expert Witnesses, Family Law, Fathers' Divorce Issues, GAL (Guardian ad Litem), Holiday Parent-time, Joint Physical Custody, Judges, Legal Custody, Legal System, Men's Divorce Issues, Modification of Child Custody, Modification of Parent-time, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Parental Alienation, Parental Fitness, Parental Rights, Parenting Plan, Women's Divorce Issues

child custody, child custody award, child custody cases, custody and parent time analysis, custody award, custody evaluators, desires Utah Code Section 30–3–10(5)(ii), directly, experiences, free of charge, guardians ad litem, interview children, judge interview, judge interview children, kids’ consent, kids’ input, less time, no cost, not on the record, not talk to children, observations, on the, opinions, plausible excuse, policy, preferences, thousands of dollars, value

Why is it okay for a parent to be given custody without their kids consent or at least their input? This is a great question. I can’t speak for all lawyers, and the laws and rules governing what the courts…

Do I have to publish name change in newspaper in Utah?

What are the grounds for filing for a divorce in Utah?

Can there be a prenup that will protect the salary you earn during the marriage?

Am I held to what I said first as a witness, even if I immediately corrected my mistake once I realized it?

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

How hard did you have to fight to get custody of your child after divorce as a father? What was the biggest problem you faced?

Can anyone find out which spouse filed for a divorce?

In our society what shows that we value fathers as parents?

Do you automatically lose your kid if CPS takes you to court?

What is being a single parent without joint custody like in your country?

What exactly does the term “will make best efforts” mean in a child custody case?

Why should I pay child support if the other parent isn’t asking for it (and doesn’t need it)?

After a divorce, should my kids be with me or with the mom?

What can you do if you failed to get a prenup before getting married? Is there anything I can do that’s close to a Prenup when I’m already married?

Do judges sometimes feel overburdened by the responsibilities of their job?

Does a spouse have the right to see a DUI report?

Are family members allowed to be character witnesses in a divorce case?

My spouse opens accounts in my name, forges my signature. How to stop it?