Blog - Divorce Utah

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Why don’t the police help more with custody and parent-time enforcement?

In some jurisdictions, interference with or noncompliance with child custody orders issued by a court are not enforceable by police officers or sheriff’s deputies because there is no statute or statutes that authorize and empower the police to intervene. This is…

What’s the best you’ve seen a self-represented party do in court?

December 5, 2019

Divorce Mistakes, Divorce Preparedness, Pro se (representing yourself)

courts, dislike, fail, failure, how to, judges, prejudge, prejudice, pro per, pro se, represent yourself, self-represented, succeed, Success

I have never yet seen a litigant who represented himself or herself do well in court. I’m sure such people exist, but I have never seen one in action. Courts generally don’t like self represented parties (known as pro se or pro per parties…

Are bedbugs a basis for modifying child custody or parent-time?

December 4, 2019

Child Custody, Child Custody Modification, Children in Divorce

bed bugs, child custody, court, environment, Exercise, judge, Modification, modify, Parent Time, perspective, refuse, sanction, sanctions

If one parent has bedbugs and the children will not sleep at the parents home, does the other parent have to make a motion for full custody? Can the parent without bedbugs be sanctioned for failure to coparent? I am…

State v. Rivera – 2019 UT App 188 – child abuse

December 3, 2019

corroborate, credibility, credible, inherently improbable, testify, testimony

2019 UT App 188 – State v. Rivera THE UTAH COURT OF APPEALS STATE OF UTAH, Appellee, v. OYAH TONGSON RIVERA, Appellant. Opinion No. 20180546-CA Filed November 21, 2019 Third District Court, Salt Lake Department The Honorable Todd M. Shaughnessy…

Should it be a crime to work under the table to dodge child support?

December 2, 2019

Child Support, Child Support Enforcement

Child Support, dodge, illegal, law, pay, work, work under the table, working under the table

Concealing your income to avoid having child support correctly calculated is already a crime, and for obvious reasons. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Should-it-be-a-crime-to-work-under-the-table-to-dodge-child-support/answer/Eric-Johnson-311

Why are lawyers widely reviled?

November 29, 2019

Attorney Fees, Dirty Tricks, Divorce Attorneys, Divorce Costs

abuse, character, financial financial interest, ignorance, incompetent, lawyers reviled, money, reasons, why

Because so many of the interactions people have with lawyers make so many lawyers worthy of being reviled for one reason or another. As the old quip goes, “99% of lawyers give the rest a bad name.” (Steven Wright) and…

Velasquez v. Chavez – 2019 UT App 185 – child surname

November 28, 2019

Name Change, Parentage, Parental Alienation, Parental Rights

769 P.2d 273 (Utah Ct. App. 1989), best interest of child, changing child’s surname, child, child’s best interest, decision, district court, Hamby v. Jacobson, six-factor test, surname, Utah Court of Appeals

2019 UT App 185 THE UTAH COURT OF APPEALS DARIO ARTHUR VELASQUEZ, Appellant, v. STACY L. CHAVEZ, Appellee. Opinion No. 20180451-CA Filed November 15, 2019 Third District Court, Salt Lake Department The Honorable Matthew Bates The Honorable Patrick Corum No.…

How do you get legal help if no attorney wants your case?

November 27, 2019

Attorney Fees, Hiring a Divorce Lawyer, Uncategorized

attorney interest, legal help, more trouble than it's worth, outside the legal system, remedies, trouble, uninterested, unwilling

If an attorney tells you your case complex and not a big money suit, it means the lawyer feels it’s more trouble than it is worth, meaning that it’s at least more trouble than it is worth to the lawyer,…

Why do some lawyers have “PC” after their name?

November 26, 2019

Divorce Attorneys, Divorce Lawyers

liability, PC, professional corporation

“PC” stands for “professional corporation”. Many law firms choose to be formed as professional corporations, instead of as partnerships, because the corporate structure provides some protections to the shareholders against personal liability for the acts and debts of the business.…

Is being kind a weakness if you want to be in the legal profession?

November 25, 2019

Divorce Attorneys, Divorce Law, Divorce Lawyers, Divorce Preparedness

inappropriate, kind attorneys, kind lawyers, virtue

Yes, kindness is perceived as weakness among lawyers in many ways. And there are circumstances where kindness (or what may be thought of as kindness) would be an inappropriate response (this observation by C.S. Lewis on the virtue of friendship…

Has Facebook been used in child support cases?

November 22, 2019

Child Support, Child Support Enforcement, Children in Divorce

Child Support, evidence, Facebook, pay stubs, relevance, social media, tax returns

Sure, if it provides evidence relevant to a child support issue. Such as? proof of employment – if the child support obligor claims “I can’t pay support, I don’t have a job,” but then posts statements and images on Facebook…

Should marriages have sunset clauses?

November 21, 2019

Divorce Prevention/Marriage Preservation

divorce, family, irresponsible, marriage, nuclear family, sacrifice, sunset clause

No. Thank God for marriage. Thank God for nuclear families. The last thing we need is one more to undermine the sanctity of marriage and family. The reason is obvious: Some people may make a mess of their marriages, but…

How did you cleanly separate your online accounts with your divorce?

November 20, 2019

Assets/Debt/Property, Division of Marital Property

accounts, bank, divide, dividing, financial, online accounts, subscription

This comes up most commonly in two scenarios: 1) non-financial online accounts (like Netflix, Amazon, a social media account, etc.) and 2) separating financial accounts. 1) Non-financial online accounts (like Netflix, Amazon, a social media account, etc.): The problem that…

How Do You Handle Requests for Pro Bono Help?

November 19, 2019

Divorce Attorneys, Divorce Lawyers

free lawyers, free legal services, pro bono

How do you handle calls at your law office from people who ask if you would do legal work for them pro bono? All of us, no matter what our job is, should use our skills to help those who…

Why do most law firms have near the perfect Google review scores?

November 18, 2019

Divorce Attorneys, Divorce Lawyers

attorney Google reviews, lawyer Google reviews, perfect, perfect score

Because most of them game the ratings system. Oh who am I kidding?; those lawyers/law firms with perfect Google review scores all game the ratings systems. Utah Family Law, LC | divorceutah.com | 801-466-9277 https://www.quora.com/Why-do-most-law-firms-have-near-the-perfect-Google-review-scores/answer/Eric-Johnson-311

Medical school vs. Law school – which is harder?

November 17, 2019

harder, Medical school vs. Law school

Between medical and law school, which is considered harder? I’m a lawyer, but I believe that medical school is generally more difficult for most students than is law school. Medical school is at least a year longer than law school.…

How can parents be so unloving that make their own child homeless by kicking him or her out?

November 16, 2019

children, kicked out of home, parents, self-reliance, tough love

I presume this question pertains to an adult child. Homelessness is not the most important thing in one’s life. Self-reliance and basic dignity are more important to the adult child (and will solve the homelessness problem to boot). If an…

Can I protect marital assets from my spouse by “temporarily gifting” them?

November 15, 2019

Dirty Tricks, Divorce Costs, Divorce Fears, Divorce Law, Divorce Mistakes, Divorce Preparedness, Marital Property

“temporarily gifting”, conceal, courts, divorce, fraudulent transfer, gift, give, hide, hog, illegal, law, laws, legal, legislatures, marital assets, marital property, ownership, property, protect, spouse, transfer, value

Can I protect marital assets from my spouse by “temporarily gifting” assets to somebody else until after the divorce is final? Can you? Like is it doable? Sure, you can do it. And many divorcing people do this very thing successfully (meaning they get…

Can you divorce your spouse even if your spouse does want a divorce?

Yes. This is what is known as “no fault divorce”. Every state in the U.S. has no fault divorce laws. Many people believe that “no fault” divorce means that one cannot get divorced without being at fault. No, it means…

Why can a child refuse to live with a parent as court ordered?

Why is it OK to allow a 14-year-old child to deny one parent access to him/her without any reason, but it is kidnapping if the child were to refuse to live with either parent and instead live with an adult…

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