Blog - Divorce Utah

If we agree on our divorce terms, do we need attorneys?

July 10, 2020

Attorney Fees, Dirty Tricks, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

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If we agree on our divorce terms, do we need attorneys? In a less complicated divorce, where each party has already agreed to the split of assets, do they each need to hire their own attorney, and why or why…

Would a child deal better with constantly fighting or divorced parents?

July 9, 2020

Divorce Utah

Divorce Causes, Divorce Fears, Divorce Mistakes, Divorce Preparedness

better, child, children, constantly arguing, constantly fighting, divorce, divorced, input, parents, worse

“Do you think a child would deal better with constantly fighting parents or divorced parents?” I have been asked to answer this question, but as a divorce lawyer (not someone who is divorced himself), I did not want to answer…

Who files for divorce more? Men or Women? Why?

July 8, 2020

Divorce Utah

Divorce Causes, Divorce Fears, Divorce Preparedness, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

divorce, initiate, men, percentage, percentages, reasons, why, women

Who files for divorce more? Men or Women? Why? Women file more In the United State of America, although the percentages vary depending on the study, the research is unanimous in finding that wives initiate divorce more often than husbands. Between 65%…

Why does a parent asking questions turn into a trial?

July 7, 2020

Divorce Utah

Children in Divorce, Divorce Fears, Divorce Mistakes, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Women's Divorce Issues

character, child, children, doubt, exposed, guilt, interrogate, parent, question, questioning, trial

Why does a parent asking questions turn into a trial? A parent questioning a child often turns into “a trial” when either 1) the child questioned is guilty of wrongdoing and does not want to be exposed or 2) the…

Why Won’t Judges and Commissioners Interview Children?

July 7, 2020

Divorce Utah

Child Custody, Custody, Domestic Relations Commissioners, Judges, Utah Code

child interviews, commissioners interviewing children, GAL, guardian ad litem, judges interviewing children, Utah Code § 30-3-10(5)(b)(i)

I recently participated in a hearing before a domestic relations commissioner in which the commissioner refused to interview a child and ordered a guardian ad litem (GAL) appointed, even though 1) the commissioner had the exact same child interview training…

Why can’t judges use their own knowledge of the law to fill in any gaps that the lawyers may have missed?

July 6, 2020

Divorce Utah

Judges

authority, can, correct, discretion, error, judges, may, must, power, risk, should

Why can’t judges use their own knowledge of the law to fill in any gaps that the lawyers may have missed? Actually, they can do just that, to an extent. Their power and discretion are not unlimited, but if they…

Why are so many Latin terms used in legal (English)?

July 6, 2020

Divorce Utah

Divorce Law, Divorce Lawyers, Legal System

contemporary, cool, english, latin, latin terms, law, learned, legal, modern, shorthand, smart, why

Why are so many Latin terms used in legal (English)? Law is (or was) a learned profession and before information and education was available to everyone, the language of the learned was Latin, which is why there are still many…

Can I sell or trade in the family car while divorce proceedings are pending?

Can I sell or trade in the family car while divorce proceedings are pending? How would a spouse in process of divorce go about trading her van that is in both spouses name, if the other spouse is uncooperative? Would…

Why does a parent asking questions turn into a trial?

July 2, 2020

Divorce Utah

Fathers' Divorce Issues, Mothers' Divorce Issues

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Why does a parent asking questions turn into a trial? A parent questioning a child often turns into “a trial” when either 1) the child questioned is guilty of wrongdoing and does not want to be exposed or 2) the…

Who initiates divorce more often? Husbands or wives?

July 1, 2020

Divorce Utah

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

divorce, file, filing, higher, husband, husbands, wife, wives

Who initiates divorce more often? Husbands or wives? In the United State of America, although the percentages vary depending on the study, the research is unanimous in finding that wives initiate divorce more often than husbands. Between 65% and 70% more, generally. This study…

How much are the typical fees for a divorce?

June 30, 2020

Divorce Utah

Divorce Costs, Divorce Fears, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

average, cost cases, figures, litigated, settled

How much are the typical fees for a divorce? According to lawyers.com, as reported June 18, 2019, the average cost of a divorce in my jurisdiction where I practice divorce law (Utah) is $13,200. This is based upon an average…

What would happen if a witness in court was asked if they will swear to tell the truth and they said no?

June 29, 2020

Divorce Utah

Contempt of Court, Utah Code, Witnesses

78B-1-143, 78B-1-144, affirm, contempt, court, moral, religion, sanctioned, swear, truth, Utah code, witness

What would happen if a witness in court was asked if they will swear to tell the truth and they said no? If the witness were unwilling to swear or affirm to tell the truth, the witness would either not…

Should I review the proposed settlement agreement with my own lawyer?

June 27, 2020

Divorce Utah

Dirty Tricks, Divorce Attorneys, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

agreement, conflict of interest, counsel, hope, independent, proposal, proposed, review, settlement, traps, tricks, trust

In a less complicated divorce, where each party has already agreed to the split of assets, do they each need to hire their own attorney, and why or why not? Should I review the proposed settlement agreement with my own…

How can a man show emotion to his woman without her taking it for weakness?

June 26, 2020

Divorce Utah

Divorce Prevention/Marriage Preservation

character, decency, emotion, man, risk, strength, vulnerable, weakness, woman

How can a man show emotion to his woman without her taking it for weakness? He can’t. The value in a man showing his wife or girlfriend genuine emotion and vulnerability lies in the fact that it shows he has…

Retirement now a potential ground for modifying alimony

June 25, 2020

Divorce Utah

Alimony and Support, Utah Code, Utah Law

alimony, foreseeable, modify, petition, retirement, substantial material change in circumstances, Utah Code § 30-3-5(10)(b)

Retirement now a potential ground for modifying alimony award In the 2020 legislative session the Utah State legislature amended the Utah Code to provide that “regardless of whether a party’s retirement is foreseeable, the party’s retirement is a substantial material…

New Law: Collection Fees for Unpaid Child Support and Alimony

June 24, 2020

Divorce Utah

Alimony and Support, Child Support, Child Support Enforcement, Utah Code, Utah Law

40%, alimony, Child Support, collection fees, contingency, delinquent, unpaid alimony, unpaid child support, Utah Code section 30-3-3.5

New Law: Collection Fees for Unpaid Child Support and Alimony In the 2020 legislative session the Utah State legislature passed a new law, Utah Code section 30-3-3.5, which provides that a court shall now impose a collection fee to pay…

New Child Support Enforcement Penalties!

June 23, 2020

Divorce Utah

Child Support, Child Support Enforcement, Utah Code

23-19-5.5, Child Support, enforcement, fishing, hunting, license, penalties, permit, tag

New Child Support Enforcement Penalties! In the 2020 legislative session the Utah State legislature passed a new Utah Code section, section 23-19-5.5. This new law–effective July 1, 2021–provides that an individual who is delinquent on a child support obligation may…

For divorced parents: why isn’t your custody award 50/50?

For divorced parents: why isn’t your custody award 50/50? Concisely (and in no particular order): sometimes a parent’s job, physical or mental/emotional disabilities, misconduct (like domestic violence, child abuse, or substance abuse), poverty, or distance from the other parent’s residence…

2020 Changes to Fall Break parent-time in Utah Code

June 19, 2020

Divorce Utah

Child Custody, Fathers' Divorce Issues, Holiday Parent-time, Men's Divorce Issues, Mothers' Divorce Issues, Noncustodial parents, Parent Time, Utah Code, Visitation, Women's Divorce Issues

30-3-35, child returns to school, fall break, school lets out, sunday, u.e.a., Utah code

When the fall school break parent-time period begins was a common question that the Utah State legislature addressed in the 2020 legislative session by making a clarifying change to the code. That change is found in Utah Code § 30-3-35(2)(f).…

Father’s Day

June 18, 2020

Divorce Utah

Uncategorized

I hope yours is a happy Father’s Day. For many of you, it won’t be, it hasn’t been for years, and it’s a shame. First, know that I know there are mothers out there whose ex-husbands have destroyed or irreparably…