Blog - Divorce Utah

In re J.R.H. – 2020 UT App 155 – witness credibility, sufficiency of evidence

November 27, 2020

Evidence, Juvenile Court, Utah Court of Appeals, Utah Court of Appeals Decisions

2009 UT 23, 2020 UT App 155, 210 P.3d 288, apparently false, existence of any additional evidence, In Re J.R.H., incredibly dubious, inherently improbable, lack of any corroboration, material inconsistencies, no other circumstantial or direct evidence of guilt, State v. Robbins, testimony

THE UTAH COURT OF APPEALS STATE OF UTAH, IN THE INTEREST OF J.R.H., A PERSON UNDER EIGHTEEN YEARS OF AGE. J.R.H., Appellant, vs. STATE OF UTAH, Appellee. Opinion No. 20190419-CA Filed November 13, 2020 Fourth District Juvenile Court, Spanish Fork…

In re Adoption of B.F.S – 2020 UT App 149 – venue for adoption vs. venue for petition for determination of rights

2020 UT App 149 THE UTAH COURT OF APPEALS IN THE MATTER OF THE ADOPTION OF B.F.S., A PERSON UNDER EIGHTEEN YEARS OF AGE. HEART TO HEART ADOPTIONS INC., Appellant. Opinion No. 20190933-CA Filed November 5, 2020 Third District Court,…

Can I kick my spouse out of the house without his/her consent?

November 25, 2020

Divorce Utah

Marital Home

abandons, abusive, consent, court, custody, dangerous activities, divorce, Homestead rights—Custody of children, house, kick out, property, provide, spouse, substance abuse, threats, Utah Code § 30-2-10

Can I kick my spouse or our children out of the house or even off the property without their consent when it becomes clear that my spouse and I are headed for divorce? Can I kick my spouse or our…

What are common Latin legal terms used in divorce and family law?

What are common Latin legal terms used in divorce and family law? While the use of Latin terms and phrases in the family law is decreasing, there are still many that are not only used but used routinely. Knowing their…

What would happen if an individual gets a second job after child support has been determined?

November 24, 2020

Divorce Utah

Child Support, Child Support Calculation, Child Support Modification

§ 78B-12-203(2), 40-hour, administrative proceeding, age, basic job skills, calculated, career or occupational training, Child Support, community, criminal record, earned income sources, educational attainment, employment opportunities, evidentiary basis, extra job, federal minimum wage for a 40-hour work week, full-time, health, home, imputation, imputed income, job, job availability, judicial proceeding, literacy, mentally unable, no recent work history, occupation qualifications, other employment barriers and background factors, overtime, parent's occupation unknown, parent's presence, physically unable, presiding officer, prevailing earnings, reasonable costs of child care, second job, side hustle, specific findings of fact, temporary nature, unusual emotional needs, unusual physical needs, Utah, Utah code, Utah Code § 78B-12-203(8), work history

What would happen if an individual gets a second job after child support has been determined? Would the individual be forced to go back, or would it change anything? In Utah, the answer is found in the Utah Code at…

Can a parent legally keep the other parent from the children?

November 23, 2020

Divorce Utah

Child Custody, Custody

children, contact, court, court order, illegal, married, other parent., parent, unmarried, withhold custody

Can a parent legally keep the other parent from the children? Can a parent (married or unmarried) legally keep the other parent from the children without having gone to court? Yes. It can be done under certain circumstances. In the…

How can a mother leave the father of her baby and get full custody, when she does not trust him to look after the baby by himself?

How can a mother leave the father of her baby and get full custody, when she does not trust him to look after the baby by himself? The mother (or any parent in such a situation) would need to prove,…

What happens after an affair when you have kids?

What happens after an affair when you have kids? I will answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you have had…

Brown v. Brown – 2020 UT App 146 – marital vs. non-marital assets

2020 UT App 146 THE UTAH COURT OF APPEALS JERRY V. BROWN, Appellant, v. YVONNE A. BROWN, Appellee. Opinion No. 20190543 Filed October 29, 2020 Fourth District Court, Provo Department The Honorable Derek P. Pullan No. 154403120 Julie J. Nelson,…

Are second jobs used to calculate child support?

November 17, 2020

Divorce Utah

Child Support, Child Support Modification, Modification of Child Support

calculating child support, Child Support, child support modification, modifying child support

What would happen if an individual gets a second job after child support has been determined? Would the individual be forced to go back or would it change anything? In Utah (where I practice divorce and family law), the answer…

How can I get full custody, when I don’t trust the other parent with the baby?

November 16, 2020

Divorce Utah

Child Custody, Evidence, Parental Fitness

adequate care, attention, award, baby, child, court, custody, entrusted, facts, father, full custody, independently verifiable, justify, mother, parent, persuade, preponderance of evidence, sole legal, sole physical, sufficient evidence, supervision, trust, unable, unwilling

How can my friend leave the father of her baby and get full custody, when she doesn’t trust him to look after the baby by himself? The mother (or any parent in such a situation) would need to prove, by…

Can an unmarried parent legally keep the other parent from the children without having gone to court?

November 13, 2020

Divorce Utah

Child Custody, Children in Divorce, Custody, Fathers' Divorce Issues, Men's Divorce Issues, Mothers' Divorce Issues, Uncategorized, Women's Divorce Issues

child custody, court order, father, mother, police, unmarried parent, unmarried parents

Can an unmarried parent legally keep the other parent from the children without having gone to court? Yes. In the absence of a court order to the contrary, it is not illegal for one parent to keep the children from…

What happens after an affair when you have kids?

What happens after an affair when you have kids? I’ll answer as if this question were asked in the belief that the affair will have a profound effect upon child custody, child support, and/or alimony. If you’ve had an extramarital…

What to do before a divorce, if you’re not in the wrong

What advice would you give someone before a divorce, if it’s known it may happen and you’re not in the wrong? This is a very important question that too few people ask. Does this sound familiar?: Your spouse is making…

How can I protect my assets before getting married without prenup?

How can I protect my assets before getting married without prenup? Short answer: One option (not a very good one, frankly, but about the best there is under the circumstances as you describe them in your question) is: 1) own…

Would you divorce your spouse if he/she had a child before marriage without telling you?

Would you divorce your husband if he had a child with his last relationship without telling you? I do not believe that this would, alone, be reason to divorce your husband. He may be a good man who was a…

Would you divorce if your spouse had a child before marriage without telling you?

November 7, 2020

Divorce Utah

Divorce Preparedness, Divorce Prevention/Marriage Preservation

apologize, distrust, divorce, forgive, illegitimate child, mistake, penitent, regret, repent, risk, secret, trust, victim, victimized

Would you divorce your husband if he had a child with his last relationship without telling you? I do not believe that this would, alone, be reason to divorce your husband. He may be a good man who was a…

How can I protect my assets before getting married without prenup?

How can I protect my assets before getting married without prenup? Short answer: One option (not a very good one, frankly, but about the best there is under the circumstances as you describe them in your question) is: 1) own…

The easy mediocre vs. the hard excellence: I hate this restaurant

November 6, 2020

Divorce Utah

Divorce Attorneys, Divorce Lawyers, Divorce Preparedness, Uncategorized

easy, excellence, hard, hiring a divorce attorney, hiring a divorce lawyer, mediocre, value

Today’s post features Seth Godin’s blog (the link to his blog post is provided below). After you read it, ask yourself whether can you guess why this Seth Godin blog post applies so when it comes to hiring a divorce…

Why do pro se litigants fail so often?

Why do pro se litigants fail so often? And if you’re wondering what a pro se litigant is, here’s the definition: someone who argues his/her own case in a lawsuit, rather than having a lawyer represent him/her and do the…