Blog - Divorce Utah

Does an ongoing divorce make one a lame duck at work?

September 19, 2019

Divorce Costs, Divorce Fears, Divorce Mistakes, Divorce Preparedness

church, counseling, divorce, employment, Exercise, jeopardy, job, lame duck, less productive, low quality, productive, productivity, quality, suffer, suffers, therapy, work

I believe what you mean to ask is, “Does an ongoing Divorce make you unable to focus and be productive at work?” The answer to that question is: for most people, yes. When Divorce Increases Productivity at Work Some people…

Do lawyers try to suppress witnesses to help their clients win?

September 18, 2019

Divorce Utah

Dirty Tricks

witness suppression

Do lawyers try to suppress witnesses to help their clients win? Some do. Those who do are breaking the law if they do so, but some still do it or try to do it. Utah Family Law, LC | divorceutah.com…

What is the best comeback a judge has ever made in court?

September 17, 2019

Divorce Utah

Best Interest of the Child, Child Abuse, Child Custody, Children in Divorce, Dirty Tricks, Divorce Attorneys, Divorce Law, Divorce Lawyers, Divorce Preparedness

best comeback, judge's combeback, suffer fools gladly

I was in a divorce case in which the mother’s attorney was claiming that the father should have limited custodial and parent time with their children because, as the mother’s attorney put it, the father had “strict religious beliefs” (this…

In re N.S. – juvenile court – what constitutes appealable order

September 16, 2019

Divorce Utah

Juvenile Court, Parental Rights, Termination of Parental Rights, Utah Court of Appeals, Utah Court of Appeals Decisions

2019, 2019 UT App 151, adoption, disposition order denied reunification services, Farmington Department, in re N.S., No. 20190555-CA, not final and appealable., Second District Juvenile Court, September 12, set primary permanency goal, THE UTAH COURT OF APPEALS

2019 UT App 151 THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF N.S., A PERSON UNDER EIGHTEEN YEARS OF AGE. C.S., Appellant, v. STATE OF UTAH, Appellee. Per Curiam Opinion No. 20190555-CA Filed September 12, 2019…

How can I encourage my child to follow law and legal issues of everyday life?

September 13, 2019

Divorce Utah

Uncategorized

children, example, law, morality, obey, teach

Set an example of being a conscientious law-abiding citizen yourself. “Do as I say, not as I do” is not the way to set a good example. Read “Sermons We See” for a beautiful statement of this principle. Teach your…

What happens to a client’s files if the lawyer succumbs to death or illness?

September 13, 2019

Divorce Utah

Coping With Divorce, Divorce Attorneys, Divorce Fears, Divorce Lawyers, Divorce Preparedness

attorney, client file, dead, files, lawyer, owner, ownership, sick

What happens to a lawyer’s past and ongoing client files if the lawyer succumbs to a sudden illness? Is the client entitled to the possession of it? In the jurisdiction where I practice law (Utah), the client’s file is the…

Are lawyers taught or advised to treat rich or famous people differently?

September 12, 2019

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Hiring a Divorce Lawyer

attorneys, famous, lawyers, poor, rich, treatment

People who’ve been to law school, are you taught or advised that you should treat rich or famous people differently from ordinary people? Why or why not? No, we learn that after we graduate. Just kidding. What follows hereafter is…

Proving Parental Alienation Is Only Half the Battle

September 11, 2019

Divorce Utah

Parental Alienation

court, fraud, judge, parental alienation, proof, remedy

Many parents in a child custody dispute being tried in court are the target of a parental alienation campaign. For some parents, the alienation started long before the court case. For other parents, it’s the court case that leads the…

Why is it common for the custodial parent to villainize the ex to their child?

I don’t know if it is common for one parent in a divorce (custodial or non-custodial) to villainize their ex to the child, but we know it happens frequently and any time it occurs is too often. And let’s clarify…

An Interesting Article on Differences in Child Support Rates

September 9, 2019

Divorce Utah

Child Support

Child Support, child support rates, higher, lower

Child support is one of the most hot-button topics. I will introduce this cited article with praise for the consistent quality and relevance of articles from familylawyermagazine.com. This article from familylawyermagazine.com is just another example. It’s a great resource, and…

New Mexico Supreme Court Abolishes Spousal Communications Privilege

September 6, 2019

Divorce Utah

Uncategorized

abolished, inter-spousal communications, New Mexico, spousal communications, spousal communications privilege, spousal privilege

Seeing no modern justification for the spousal communications privilege, the New Mexico Supreme Court has abolished it in an August 30, 2019 opinion. Spousal communication privilege ‘has outlived its useful life,’ state supreme court says ABA Journal By Debra Cassens…

Do married lawyers ever fight each other in court?

September 6, 2019

Divorce Utah

Coping With Divorce, Dirty Tricks, Divorce Attorneys, Divorce Costs, Divorce Fears, Divorce Law, Divorce Lawyers, Divorce Mistakes, Divorce Preparedness

divorce, married attorneys, married lawyers, rare, why

Do married lawyers ever fight each other in court? Do you mean to ask whether married lawyers sue each other in court? If that’s your question, the answer is: rarely. The reason is because they know how costly and miserable…

How does it feel to file for divorce when your spouse doesn’t know it’s coming?

September 5, 2019

Divorce Utah

Coping With Divorce, Dirty Tricks, Divorce Preparedness, Divorce Prevention/Marriage Preservation

be prepared, cope, coping, divorce, preparedness, surprise, unexpected, unprepared

Assuming that your question implies that the ignorant spouse has no reason to believe that there is anything wrong with the marriage and thus no reason to fear the other spouse would have any cause to file for divorce, learning…

When should you hire a divorce attorney rather than a divorce lawyer?

September 4, 2019

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness, Hiring a Divorce Lawyer

divorce attorney, divorce lawyer

In the U.S., “lawyer” is synonymous with “attorney” when it comes to describing one who is licensed to practice law. There is no difference between a lawyer and an attorney when it comes to hiring someone who is licensed to…

2019 UT App 147 – McQuarrie v. McQuarrie – termination of alimony

September 3, 2019

Divorce Utah

Alimony and Support, Men's Divorce Issues, Settlement, Spousal Support, Termination of Alimony, Utah Code, Utah Court of Appeals, Utah Court of Appeals Decisions, Utah Law, Women's Divorce Issues

termination of alimony, Utah Code Ann. § 30-3-5(10), Utah Code Ann. § 30-3-5(9)

2019 UT App 147 – McQuarrie v. McQuarrie THE UTAH COURT OF APPEALS MELVIN C. MCQUARRIE, Appellant and Cross-appellee, v. JANETTE COLLEDGE MCQUARRIE, Appellee and Cross-appellant. Opinion No. 20170956-CA Filed August 29, 2019 Third District Court, Salt Lake Department The…

Can I get a restraining order against my abusive ex if we both use public transportation?

September 2, 2019

Divorce Utah

Protective Orders, Restraining Orders, Stalking, Stalking Injunction/Civil Stalking Injunction

abusive ex, public transportation, restraining order, restraining orders, stalking injunction

Do you mean to ask: “Can I get a restraining order against my abusive ex that prevents him/her from using the same public transportation as I do?” If so, the answer is: probably not. Unless you can show that whenever…

Can CPS take your kids for missing two dental appointments?

August 30, 2019

Divorce Utah

Child Protective Services, Division of Child and Family Services

abuse, child protective services, children, CPS, DCFS, division of child and family services, government, parental rights, parents, power, state

Can child protective services take your kids for missing two dental appointments? Yes (and well they should), if the dental appointments are necessary to protect the child from disfigurement, from death or serious risk of death or harm, from superfluous…

Should I research an attorney before hiring, even if a family member recommends him?

August 29, 2019

Divorce Utah

Divorce Mistakes, Divorce Preparedness, Hiring a Divorce Lawyer

attorney family member, careful, friend, prudent, recommend, recommendation, research, smart, vet, vetting

Is it prudent to research an attorney before hiring him or her even when a family member recommends them? Yes, yes, yes, yes, yes. Yes! While it is certainly comforting to know that you have friends or family members who…

Do family law attorneys handle divorce?

August 28, 2019

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Hiring a Divorce Lawyer

divorce attorneys, divorce lawyers, family law attorneys, family lawyers, same thing

Yes. Basically, all family law attorneys can handle divorce cases, while “pure divorce” attorneys clearly don’t handle other family law matters, such as adoptions, guardianships and conservatorships, juvenile court criminal case defense or non-delinquency juvenile court cases. Utah Family Law,…

Has the ability of lawyers to advertise been beneficial to our legal system?

August 27, 2019

Divorce Utah

Attorney Fees, Dirty Tricks, Divorce Lawyers, Hiring a Divorce Lawyer

advertise, aware, bad taste, beneficial, benefits, cheesy, detriments, easier, false, free market, help, lawyers, lawyers’ services, legal system, misleading, standard

Unquestionably, yes. Now don’t misunderstand me. When I say that the ability of lawyers to advertise has been unquestionably beneficial to our legal system, that does not mean I’m saying it has been nothing but beneficial to our legal system.…